H.R. 2635 — Introduced in House

I 118th CONGRESS 1st Session H. R. 2635 IN THE HOUSE OF REPRESENTATIVES April 17, 2023Mr. Santos introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend section 230 of the Communications Act of 1934 to limit liability protection provided by such section for providers of social media service, and for other purposes. 1. Short title This Act may be cited as the The Big-Tech Accountability Act of 2023. 2. Limitation on liability for providers of social media service Section 230 of the Communications Act of 1934 (47 U.S.C. 230) is amended— (1) by redesignating subsection (f) as subsection (g); and (2) by inserting after subsection (e) the following: (f) Providers of social media service (1) In general Paragraphs (1) and (2) of subsection (c) shall not apply to a provider of a social media service that is a company with respect to any information provided through the service by another information content provider after the date of the enactment of this subsection. (2) Prohibition (A) In general It shall be unlawful for a provider of social media service that is a company to de-platform a citizen of the United States after the date this 90 days after the enactment of this subsection on the basis of the social, political, or religious status of such citizen even if the citizen through the social media service of the provider clearly violates a policy of the company relating to— (i) hate speech; (ii) sexual harassment; (iii) discrimination on the basis of sex, religion, or sexual orientation; or (iv) making violent threats, violent speech, or violent declarations. (B) Civil penalty A provider that violates subparagraph (A) with respect to a citizen of the United States shall be liable for a civil penalty in an amount of $5,000 for each day that the provider de-platforms the citizen. (3) Definitions In this subsection: (A) De-platform a citizen of the United States The term de-platform a citizen of the United States means, with respect to an account of the citizen, an action taken to— (i) decrease engagement with the account by users of the service; (ii) permanently suspend the account; or (iii) restricting the ability of a citizen to provide content through the account. (B) Social media service The term social media service— (i) means an interactive computer service that— (I) allows for or hosts virtual facilitation of material, content, or information over the service for the purpose of facilitating public or widespread interaction with such material, content, or information; (II) is meant for public discourse that focuses on communication and expression of ideas or opinions; or (III) hosts publicly accessible information or content, public or widespread interaction, and content distribution through the service; and (ii) includes interactive computer service provided by— (I) Meta; (II) Facebook; (III) Twitter; (IV) Instagram; and (V) Tik Tok. .