Text: H.R.492 — 116th Congress (2019-2020)All Information (Except Text)

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Introduced in House (01/11/2019)


116th CONGRESS
1st Session
H. R. 492


To amend the Communications Act of 1934 to provide that an owner or operator of a social media service that hinders the display of user-generated content shall be treated as a publisher or speaker of such content, and for other purposes.


IN THE HOUSE OF REPRESENTATIVES

January 11, 2019

Mr. Gohmert introduced the following bill; which was referred to the Committee on Energy and Commerce


A BILL

To amend the Communications Act of 1934 to provide that an owner or operator of a social media service that hinders the display of user-generated content shall be treated as a publisher or speaker of such content, and for other purposes.

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 “Biased Algorithm Deterrence Act of 2019”.

SEC. 2. Exception to protection from treatment as publisher or speaker.

Section 230 of the Communications Act of 1934 (47 U.S.C. 230) is amended—

(1) in subsection (c), by adding at the end the following:

“(3) EXCEPTION.—

“(A) IN GENERAL.—Notwithstanding paragraph (1), an owner or operator of a social media service that displays user-generated content in an order other than chronological order, delays the display of such content relative to other content, or otherwise hinders the display of such content relative to other content, if for a reason other than to restrict access to or availability of material described in paragraph (2)(A) or to carry out the direction of the user that generated such content, shall be treated as a publisher or speaker of such content.

“(B) USE OF ALGORITHMS.—If an algorithm of a social media service is used to engage in an action related to user-generated content that is described in subparagraph (A), such action shall be considered to be the action of the owner or operator of the social media service.”; and

(2) in subsection (f), by adding at the end the following:

“(5) SOCIAL MEDIA SERVICE.—The term ‘social media service’ means any interactive computer service provided over the internet that connects users for the purpose of such users engaging in dialogue, sharing information, collaborating, or otherwise interacting.

“(6) USER-GENERATED CONTENT.—The term ‘user-generated content’ means content that is supplied on a social media service by an information content provider who is a user of such service.

“(7) ALGORITHM.—The term ‘algorithm’ means a computer program that performs any action described in subparagraph (A), (B), or (C) of paragraph (4).”.