Protect Speech Act

Protect Speech Act

This bill modifies the immunity from liability of a provider or user of an interactive computer service (e.g., a social media company) for screening and blocking offensive content on its platform.

Specifically, the bill provides that this immunity shall not apply to any action taken to restrict access to or availability of material provided by another information content provider unless the action is taken in good faith based on an objectively reasonable belief that the material is (1) obscene, lewd, lascivious, filthy, excessively violent, promoting terrorism or violent extremism, harassing, promoting self-harm, or unlawful; or (2) violates the applicable terms of service or use.

In order to avoid liability for taking action based on either belief, certain good faith requirements must be met, such as (1) making publicly available terms of service or use that plainly state the criteria for content moderation practices, and (2) not restricting access to or availability of material on deceptive grounds.

Further, the bill specifies that being responsible in whole or in part for the creation or development of information includes instances in which a person or entity solicits, comments upon, funds, or affirmatively and substantively contributes to, modifies, or alters information provided by another person or entity.