PRO-SPEECH Act

Promoting Rights and Online Speech Protections to Ensure Every Consumer is Heard Act or the PRO-SPEECH Act

This bill prohibits internet platforms from restricting access to content and engaging in discriminatory or anticompetitive conduct. An internet platform is an entity that owns or operates an app store, a cloud computing service, an operating system, a search engine, or a social media company.

The bill prohibits large internet platforms (those with at least 100 million global users or $500 million in annual revenue) from blocking a user's access to lawful content, applications, services, or devices, or impairing a user's access to lawful internet traffic based on content, application, service, or use of device. This prohibition does not apply if (1) a user's access interferes with a large internet platform's functionality or poses privacy or security risks, or (2) a large internet platform publicly proclaims to be the publisher of the relevant content, application, or service. Further, large internet platforms must publicly disclose policies, terms of service, and other designated information regarding the purchase or use of its products or services.

Internet platforms may not discriminate against a user or entity based on racial, sexual, religious, ethnic, or political affiliation grounds. Internet platforms also may not engage in unfair competition (e.g., blocking a competitor's access to an internet platform). The Federal Trade Commission (FTC) may determine whether an action constitutes unfair competition.

The FTC shall enforce the bill's provisions through a complaint-driven investigative process.

The bill also preempts state laws that conflict with its provisions.