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21st Century FREE Speech Act
12/29/2022, 11:18 PM
Summary of Bill HR 7613
The bill aims to address concerns about censorship and suppression of free speech on social media platforms and other online forums. It seeks to ensure that individuals are able to express their opinions and ideas without fear of being silenced or censored by big tech companies.
One key provision of the bill is the establishment of a Digital Free Speech Council, which would be responsible for monitoring and enforcing free speech protections online. The council would have the authority to investigate complaints of censorship and take action against companies that are found to be infringing on individuals' right to free speech. Additionally, the bill includes measures to increase transparency and accountability in the moderation of online content. It requires social media platforms to provide clear guidelines for content moderation and to notify users when their content has been removed or restricted. Overall, the 21st Century FREE Speech Act aims to ensure that free speech rights are protected in the digital age and that individuals are able to freely express themselves online without fear of censorship.
Congressional Summary of HR 7613
21st Century Foundation for the Right to Express and Engage in Speech Act or the 21st Century FREE Speech Act
This bill makes various changes to liability protections and requirements for providers and users of an interactive computer service (e.g., a social media company).
The bill replaces existing liability protections (sometimes referred to as Section 230 protection) related to content provided by third parties with more limited protections.
The bill provides some liability protection for third-party content, but the protection shall not apply to a provider or user who carries out certain affirmative acts, such as barring users from the service or restricting access to or availability of material. However, the protection shall apply if the action is taken in good faith to restrict access to or availability of obscene, unlawful, or other similarly objectionable material.
Additionally, the bill places specific requirements on common carrier technology companies, defined in the bill as providers that offer services to the public and have over 100 million active monthly users. These companies must
- furnish their services to all persons upon request and in a manner that does not discriminate against or unfairly advantage any particular persons, class of persons, political or religious groups, or localities; and
- publicly disclose their practices for moderating content, terminating accounts, and related matters.
Aggrieved individuals and state entities may sue to enforce these requirements, and the Federal Communications Commission must develop best practices for complying with the requirements.
The bill's provisions do not apply to designated areas of law, including criminal law and state law.
