Senator Hawley Releases a Bill to Amend Online Platform Liability Protections

On June 19, Senator Josh Hawley (R-MO) introduced a bill, “Ending Support for Internet Censorship Act,” that would amend Section 230 of the Communications Decency Act. Adopted in 1996, Section 230 provides online platforms with a broad immunity from civil liability for all third-party content they publish. The law has recently become increasingly controversial due to various issues – ranging from illegal opioid sales to hate speech and election interference – Congress is grappling with that may require amending online platform liability protections. Senator Hawley’s bill would remove liability protections from platforms who fail to prove that they are politically neutral platforms. The bill would require online platforms – with the exception of small and medium-sized companies – to seek a certification from the Federal Trade Commission every two years. Senator Hawley’s bill comes following the inclusion of Section 230 immunities in the recently negotiated United States-Mexico-Canada Agreement (USMCA), which would enshrine such immunities for the first time in an international agreement. Read Senator Hawley’s bill here.

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