Description

Introduced Health Misinformation Act including content liability regulation

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)).

Original source

Scope

Policy Area
Content moderation
Policy Instrument
Content moderation regulation
Regulated Economic Activity
platform intermediary: user-generated content
Implementation Level
national
Government Branch
legislature
Government Body
parliament

Complete timeline of this policy change

Hide details
2021-07-22
under deliberation

Senators Amy Klobuchar and Ben Ray Luján introduced the Bill for a Health Misinformation Act, which…

2023-01-03
rejected

On 3 January 2023, the Health Misinformation Act of 2021 was rejected after failing to pass before …

Key regulatory dimensions

Regulated subjects

The businesses, government agencies or individuals affected by this policy or regulatory change.
producer / supplier
1
Type Private organisation
Economic activity platform intermediary: user-generated content
Category All

Policy change by business practice

The detailed activities within the scope of this policy or regulatory change.
algorithm (any type): operate
Regulatory tool
Content monitoring requirement
Sanctions
Regulated subjects
1
user content: any format: hosting (any form)
Regulatory tool
Content monitoring requirement
Sanctions
Regulated subjects
1

Policy change by business practice

The detailed activities within the scope of this policy or regulatory change.

algorithm (any type): operate

user content: any format: hosting (any form)