[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 840 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
1st Session
S. 840
To hold accountable operators of social media platforms that
intentionally or knowingly host false election administration
information.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 4, 2025
Mr. Welch (for himself, Ms. Hirono, Ms. Klobuchar, Mr. Merkley, and Mr.
Lujan) introduced the following bill; which was read twice and referred
to the Committee on Commerce, Science, and Transportation
_______________________________________________________________________
A BILL
To hold accountable operators of social media platforms that
intentionally or knowingly host false election administration
information.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Digital Integrity in Democracy
Act''.
SEC. 2. EXCEPTION TO SECTION 230 IMMUNITY FOR SOCIAL MEDIA PLATFORM
OPERATORS HOSTING FALSE ELECTION ADMINISTRATION
INFORMATION.
Section 230 of the Communications Act of 1934 (47 U.S.C. 230) is
amended--
(1) in subsection (c)(1)--
(A) by striking ``No provider'' and inserting the
following:
``(A) In general.--Except as provided in
subparagraph (B), no provider''; and
(B) by adding at the end the following:
``(B) Exception.--Subparagraph (A) shall not apply
with respect to false election administration
information that the operator of a social media
platform intentionally or knowingly hosts on the social
media platform.''; and
(2) in subsection (f), by adding at the end the following:
``(5) Covered election.--The term `covered election' has
the meaning given the term `election' under section 301(1) of
the Federal Election Campaign Act of 1971 (52 U.S.C. 30101(1)).
``(6) False election administration information.--
``(A) In general.--The term `false election
administration information', with respect to a social
media platform, means objectively incorrect information
that--
``(i) relates to--
``(I) the time, place, or manner of
holding any covered election; or
``(II) the qualifications for or
restrictions on voter eligibility for
any covered election, including--
``(aa) any criminal, civil,
or other legal penalties
associated with voting in any
covered election; or
``(bb) information
regarding the registration
status or eligibility of a
voter; and
``(ii) is publicly accessible on the social
media platform.
``(B) Political speech excluded.--The term `false
election administration information' does not include
any content that relates to political speech in favor
of or against--
``(i) a candidate (as defined in section
301(2) of the Federal Election Campaign Act of
1971 (52 U.S.C. 30101(2)));
``(ii) an individual who holds a Federal
office (as defined in section 301(3) of the
Federal Election Campaign Act of 1971 (52
U.S.C. 30101(3))); or
``(iii) a political party.
``(7) Social media platform.--The term `social media
platform' means a social media platform, as defined in section
124(a)(2) of the Trafficking Victims Prevention and Protection
Reauthorization Act of 2022 (42 U.S.C. 1862w(a)(2)), that had
not fewer than 25,000,000 unique monthly users in the United
States for a majority of the months during the most recent 12-
month period, except that such section 124(a)(2) shall be
applied by substituting `an interactive computer service' for
`a website or internet medium'.''.
SEC. 3. FALSE ELECTION ADMINISTRATION INFORMATION REMOVAL PROCESS.
(a) Definitions.--In this section:
(1) Election day.--The term ``election day'' means, with
respect to any covered election (as defined in section 230 of
the Communications Act of 1934 (47 U.S.C. 230), as amended by
section 2)--
(A) the date on which the covered election is held;
and
(B) any day during the period--
(i) beginning on the earlier of--
(I) the first day during which
early voting for such election is
allowed; or
(II) the first day on which the
State distributes absentee ballots for
such election; and
(ii) ending on the date of such election.
(2) False election administration information.--The term
``false election administration information'' has the meaning
given the term in section 230 of the Communications Act of 1934
(47 U.S.C. 230), as amended by section 2.
(3) Social media platform.--The term ``social media
platform'' has the meaning given the term in section 230 of the
Communications Act of 1934 (47 U.S.C. 230), as amended by
section 2.
(4) Written.--The term ``written'', with respect to a
communication, includes a written electronic communication.
(b) Removal Process.--
(1) Removal required.--If an operator of a social media
platform receives a complete notification, in accordance with
paragraph (2), that false election administration information
is being hosted on the social media platform, the operator
shall--
(A) determine whether the alleged false election
administration information is objectively incorrect;
(B) if the determination under subparagraph (A) is
that the alleged false election administration
information is objectively incorrect, remove the false
election administration information--
(i) not later than 48 hours after receiving
the complete notification, if received on a day
other than an election day; or
(ii) not later than 24 hours after
receiving the complete notification, if
received on an election day; and
(C) not later than 12 hours after removing false
election administration information, provide a written
response to the complainant stating that the operator
removed the false election administration information.
(2) Notification requirements.--A notification described in
paragraph (1) shall--
(A) be a written notification submitted to the
operator of the social media platform;
(B) contain a description of the false election
administration information being hosted on the social
media platform that is reasonably sufficient for the
operator to locate the false election administration
information; and
(C) contain the name and contact information of the
complainant, including mailing address, telephone
number, and email address.
(c) Enforcement.--
(1) Attorney general civil action.--The Attorney General
may bring a civil action in an appropriate district court of
the United States against an operator of a social media
platform that violates subsection (b)(1) for--
(A) damages of $50,000 for each item of false
election administration information that was not
removed by the operator in accordance with that
subsection; and
(B) injunctive relief relating to the removal of
false election administration information that is the
subject of the civil action.
(2) State civil action.--The attorney general or secretary
of state of a State may bring a civil action in an appropriate
district court of the United States against an operator of a
social media platform that violates subsection (b)(1) with
respect to a covered election being held in that State for--
(A) damages of $50,000 for each item of false
election administration information that was not
removed by the operator in accordance with that
subsection; and
(B) injunctive relief relating to the removal of
false election administration information that is the
subject of the civil action.
(3) Private right of action.--A candidate, as defined in
section 301 of the Federal Election Campaign Act of 1971 (52
U.S.C. 30101), aggrieved by a violation of subsection (b)(1)
may, after notifying the chief election official of the State
involved, bring a civil action in an appropriate district court
of the United States against the operator of a social media
platform that committed the violation for--
(A) damages of $50,000 for each item of false
election administration information that was not
removed by the operator in accordance with that
subsection; and
(B) injunctive relief relating to the removal of
false election administration information that is the
subject of the civil action.
(d) Safe Harbor Relating to Section 230 Immunity Exception.--
Subparagraph (B) of section 230(c)(1) of the Communications Act of 1934
(47 U.S.C. 230(c)(1)), as added by section 2, shall not apply with
respect to false election administration information hosted on a social
media platform if the operator of the social media platform--
(1) becomes aware of the information due to a notification
described in paragraph (2) of subsection (b) of this section
and removes the information in accordance with paragraph (1) of
that subsection; or
(2) becomes aware of the information through means other
than a notification described in subsection (b)(2) of this
section and removes the information--
(A) not later than 48 hours after becoming aware of
the information, if it becomes so aware on a day other
than an election day; or
(B) not later than 24 hours after becoming aware of
the information, if it becomes so aware on an election
day.
SEC. 4. EFFECTIVE DATE.
This Act, and the amendments made by this Act, shall apply with
respect to any false election administration information alleged to be
hosted on a social media platform on or after the date of enactment of
this Act.
<all>