Text: S.4534 — 116th Congress (2019-2020)All Information (Except Text)

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Introduced in Senate (09/08/2020)


116th CONGRESS
2d Session
S. 4534


To amend section 230 of the Communications Act of 1934 to modify the scope of protection from civil liability for “good Samaritan” blocking and screening of offensive material.


IN THE SENATE OF THE UNITED STATES

September 8, 2020

Mr. Wicker (for himself, Mr. Graham, and Mrs. Blackburn) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation


A BILL

To amend section 230 of the Communications Act of 1934 to modify the scope of protection from civil liability for “good Samaritan” blocking and screening of offensive material.

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 “Online Freedom and Viewpoint Diversity Act”.

SEC. 2. Protection from civil liability for “good Samaritan” blocking and screening of offensive material.

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

(1) in subsection (c)—

(A) in paragraph (1)—

(i) by striking “No provider” and inserting the following:

“(A) IN GENERAL.—No provider”; and

(ii) by adding at the end the following:

“(B) APPLICABILITY.—

“(i) IN GENERAL.—Subparagraph (A) shall not apply to any decision or agreement made or action taken by a provider or user of an interactive computer service to restrict access to or availability of material provided by another information content provider.

“(ii) CIVIL LIABILITY.—Any applicable immunity for a decision or agreement made or action taken by a provider or user of an interactive computer service described in clause (i) shall be provided solely by paragraph (2).”; and

(B) in paragraph (2)—

(i) in subparagraph (A)—

(I) by striking “considers to be” and inserting “has an objectively reasonable belief is”; and

(II) by striking “or otherwise objectionable” and inserting “promoting self-harm, promoting terrorism, or unlawful”; and

(ii) in subparagraph (B), by striking “paragraph (1)” and inserting “subparagraph (A)”; and

(2) in subsection (f)(3)—

(A) by striking “The term” and inserting the following:

“(A) IN GENERAL.—The term”; and

(B) by adding at the end the following:

“(B) RESPONSIBILITY.—For purposes of subparagraph (A), being responsible in whole or in part for the creation or development of information—

“(i) includes any instance in which a person or entity editorializes or affirmatively and substantively modifies the content of another person or entity; and

“(ii) does not include a change to the format, layout, or basic appearance of the content of another person or entity.”.


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