DISCOURSE Act

Summary

Disincentivizing Internet Service Censorship of Online Users and Restrictions on Speech and Expression Act or the DISCOURSE Act This bill limits federal liability protections for a user or provider of an interactive computer service (e.g., a social media company) related to content provided by third parties. It also requires a provider that offers its service through a mass-market offering to the public to disclose information about its content moderation activities. The bill removes liability protections (sometimes referred to as section 230 protection) for a provider with a dominant market share if the provider promotes or suppresses a viewpoint through its content moderation, including by affecting a content creator's revenue; uses automated processes (e.g., algorithms) to target and amplify content provided to a user who has not requested or searched for the content; or solicits, funds, modifies, or otherwise contributes to content. Currently, a provider retains liability protections even when it restricts access to materials that it considers objectionable. Under this bill, a provider retains protections if restricted materials fall, based on an objectively reasonable belief, into a prescribed list of harmful or unlawful categories. Additionally, the liability protections shall not apply to providers that (1) restrict access to content in a manner that burdens the exercise of religion, or (2) fail to comply with an existing requirement to notify customers of options for limiting a minor's access to harmful online content (e.g., parental controls). The bill also changes legal procedures related to the liability protections, including by specifying that the protection serves as an affirmative defense.

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Timeline

1. 22 March 2023

   Introduced

   Read twice and referred to the Committee on Commerce, Science, and Transportation.

   Source: IntroReferral

2. 22 March 2023

   Introduced

   Introduced in Senate

   Source: IntroReferral

Votes

No vote records are attached yet.

Versions

• Introduced in Senate · 22 March 2023 · Official file

Documents

3 official files

• Introduced in Senate (text)

  Introduced in Senate · EN · 22 March 2023

  ViewDownloadOpen at official source

• Introduced in Senate (PDF)

  Introduced in Senate · EN · 22 March 2023

  DownloadOpen at official source

• Introduced in Senate

  summary · EN · 22 March 2023

  Open at official source

Sponsors

• Sen. Rubio, Marco [R-FL] · R · Sponsor
• Sen. Braun, Mike [R-IN] · R · Sponsor
• · sscm00 · Standing

Related records

• related to ← DISCOURSE Act