United States of America: Introduced DISCOURSE Act (SB 921)

On 22 March 2023, the “Disincentivizing Internet Service Censorship of Online Users and Restrictions on Speech and Expression Act" (DISCOURSE Act, SB 921) was introduced in the US Senate. The bill aims to amend Section 230 of the Communications Act of 1934. It contains a series of substantive provisions aimed at reducing the protections for platforms that exert influence on the content they host. The Act would expand the existing category of “information content provider”, which is deemed responsible for the content on the platform, to include platforms that amplify specific contents through algorithms, platforms that moderate content by limiting the expression of a specific world view (including by limiting content monetisation), and platforms which fund or solicit specific content. Engaging in these conducts would render the platform liable for the specific content unless a pattern of such behaviour were to be established - in which case the platform would lose its immunity under Section 230 and be liable for all content on its website. To ensure free speech protection, platforms would only be allowed to remove or moderate content in case of an objectively reasonable belief that it falls into specific objectionable categories, which are further specified as consisting of unlawful content, content promoting terrorism and content promoting self-harm. The bill would also introduce a religious liberty clause, rendering platforms liable for moderation decisions that restrict content based on their religious nature.