S. 4534 · 116th Congress
Online Freedom and Viewpoint Diversity Act
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Never voted on. It didn't reach a floor vote before the 116th Congress ended, so it expired. A bill has to be introduced again to be considered in a new Congress.
2 cosponsors · 2 R
2 signed on when it was introduced; the rest joined later. Cosponsors who withdrew aren't shown.
This bill limits the immunity of a provider or user of an interactive computer service (i.e., social media platform) for screening and blocking offensive material on the service's platform, revises the applicability of civil liability for this moderation of offensive material, and changes a definition that governs applicability of the immunity.
What it does: CRS summary · Introduced in Senate · Sep 8, 2020
Online Freedom and Viewpoint Diversity Act
This bill limits the immunity of a provider or user of an interactive computer service (i.e., social media platform) for screening and blocking offensive material on the service's platform, revises the applicability of civil liability for this moderation of offensive material, and changes a definition that governs applicability of the immunity.
Under current law, this immunity protects a provider or user of a social media platform from being treated as the publisher or speaker of information provided by another information content provider.
The bill removes this immunity from a decision, agreement, or action by a provider or user of a social media platform to restrict access to or availability of material provided by another information content provider. To avoid liability for this conduct, in addition to acting in good faith, the bill requires that the actor must have an objectively reasonable belief that the material is obscene, lewd, lascivious, filthy, excessively violent, harassing, promoting self-harm, promoting terrorism, or unlawful. Currently, a good faith actor must only consider such material to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable.
Further, the bill redefines information content provider to encompass any person who editorializes or affirmatively and substantively modifies the content of another person or entity.
Written by the nonpartisan Congressional Research Service. All summary versions on Congress.gov
About this bill and sources
Official title: Online Freedom and Viewpoint Diversity Act
Latest action (Sep 8, 2020): Read twice and referred to the Committee on Commerce, Science, and Transportation.
Policy area: Science, Technology, Communications · Origin: Senate · Introduced: Sep 8, 2020
Official page on Congress.gov · Bill text (GovInfo) · Status record (XML)
No recorded floor vote found.