United States of America: Preserving Political Speech Online Act introduced in Senate

On 14 July 2021, Draft Bill S.2338, the Preserving Political Speech Online Act, has been introduced in the United States Senate. The draft bill stipulates that the Federal Trade Commission (FTC) should initiate rules to the effect that online platforms or advertisers which display advertisements from a legally qualified political candidate must give equal advertisement opportunities to any other legally qualified candidates for the same office during the same election, charging comparable rates, and without the power of censorship over the content of such advertisements. Non-compliance would be subject to the enforcement jurisdiction of the FTC as an unfair or deceptive act or practice. The Draft Bill also includes an amendment of s.230(c)(2) of the Communications Act of 1934 (the "Good Samaritan" rule). This amendment would narrow and redefine the scope of the protection of platform operators from civil liability for good faith removal of certain content.