Senators Amy Klobuchar and Ben Ray Luján introduced the Bill for a Health Misinformation Act, which would create a new carveout from the liability exemption in Section 230 of the Communications Act of 1934. According to the Bill, a provider of an inactive computer service is to be treated as the publisher or speaker of health misinformation, even if the provider promotes the misinformation via algorithms (Sec. 3 (a) (1)). This in turn would mean that platform providers would become liable for health misinformation spread on their platforms. However, the proposed regulation would only apply during a health emergency declared by the Secretary of Health and Human Services (Sec. 3 (2)).
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