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Code · BILL · 119th Congress · S. 840 (Introduced in Senate) — To hold accountable operators of social media platforms that intentionally or knowingly host false election administr... · Sec. 2

Sec. 2. Exception to section 230 immunity for social media platform operators hosting false election administration information

338 words·~2 min read·/bill/119/s/840/is/section-2

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Section 230 of the Communications Act of 1934 ( 47 U.S.C. 230 ) is amended— in subsection (c)(1)— by striking No provider and inserting the following: Except as provided in subparagraph (B), no provider ; and by adding at the end the following: Subparagraph
(A)shall not apply with respect to false election administration information that the operator of a social media platform intentionally or knowingly hosts on the social media platform. ; and in subsection (f), by adding at the end the following: The term covered election has the meaning given the term election under section 301(1) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30101(1) ). The term false election administration information , with respect to a social media platform, means objectively incorrect information that— relates to— the time, place, or manner of holding any covered election; or the qualifications for or restrictions on voter eligibility for any covered election, including— any criminal, civil, or other legal penalties associated with voting in any covered election; or information regarding the registration status or eligibility of a voter; and is publicly accessible on the social media platform. The term false election administration information does not include any content that relates to political speech in favor of or against— a candidate (as defined in section 301(2) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30101(2) )); an individual who holds a Federal office (as defined in section 301(3) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30101(3) )); or a political party. The term social media platform means a social media platform, as defined in section 124(a)(2) of the Trafficking Victims Prevention and Protection Reauthorization Act of 2022 ( 42 U.S.C. 1862w(a)(2) ), that had not fewer than 25,000,000 unique monthly users in the United States for a majority of the months during the most recent 12-month period, except that such section 124(a)(2) shall be applied by substituting an interactive computer service for a website or internet medium . .
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Sec. 2
Exception to section 230 immunity for social media platform operators hosting false election administration information
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