This bill adds an exception to Section 230 for large social media platforms that intentionally or knowingly host "false election administration information." It defines that false information as objectively incorrect statements that relate to the time, place, or manner of a covered election, or to voter eligibility, registration status, or penalties for voting. The definition excludes political speech about candidates, officeholders, or parties. The bill applies to platforms with at least 25 million unique U.S. monthly users.
The bill also creates a notice-and-removal process. A written complaint must identify the allegedly false content and provide contact information. After receiving a complete notice, a platform must decide whether the content is objectively incorrect and, if so, remove it within 48 hours (or 24 hours on an election day). The platform must send a written response to the complainant within 12 hours after removal. The Attorney General, state attorneys general or secretaries of state, and certain candidates may sue platforms for violations. Penalties are set at $50,000 per item of false information not removed, and courts may order injunctive relief. The bill includes a safe harbor: the Section 230 exception does not apply if the platform removes the content within the specified time limits. The effective date covers alleged false information hosted on or after enactment.
The sponsors introduced the bill to hold operators of large social media platforms accountable for intentionally or knowingly hosting objectively incorrect information about how covered elections are run, and to require a quick removal process after written notice.
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