[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 427 Introduced in Senate (IS)]

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117th CONGRESS
  1st Session
                                 S. 427

   To require covered entities to implement and disclose information 
              moderation policies, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 24, 2021

    Mr. Lee (for himself, Mr. Moran, and Mr. Braun) introduced the 
 following bill; which was read twice and referred to the Committee on 
                 Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
   To require covered entities to implement and disclose information 
              moderation policies, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Promoting Responsibility Over 
Moderation In the Social-media Environment Act'' or the ``PROMISE 
Act''.

SEC. 2. PURPOSE.

    The purpose of this Act is to ensure that users of a covered entity 
have the necessary information regarding such entity's policy on 
moderating information provided by a user or other information content 
provider. Access to such a policy enables users to make informed 
choices regarding the use or purchase of services provided by the 
covered entity and promotes a competitive marketplace for such 
services.

SEC. 3. INFORMATION MODERATION POLICIES.

    (a) Requirement.--
            (1) In general.--A covered entity--
                    (A) shall implement and operate in accordance with 
                an information moderation policy (as described in 
                paragraph (2));
                    (B) shall disclose such information moderation 
                policy in a publicly available and easily accessible 
                manner; and
                    (C) shall not make a deceptive policy statement 
                with respect to such information moderation policy.
            (2) Information moderation policy.--The information 
        moderation policy described in this paragraph is a policy that 
        accurately describes, in plain, easy to understand language, 
        information regarding the business practices of a covered 
        entity with respect to the standards, processes, and policies 
        of the covered entity on moderating information provided by a 
        user or other information content provider, including--
                    (A) any category of information that--
                            (i) the covered entity does not permit on 
                        its service; or
                            (ii) is subject to moderation by users or 
                        providers of such covered entity;
                    (B) the process which a user or provider of the 
                covered entity utilizes to moderate information posted, 
                published, or otherwise displayed on the service; and
                    (C) the notification process, if any, which the 
                covered entity uses to inform a user--
                            (i) that such user's information has been 
                        moderated;
                            (ii) of the rationale justifying the 
                        moderation decision; and
                            (iii) of the user's options for redress, if 
                        any.
    (b) Enforcement by the Federal Trade Commission.--
            (1) Unfair or deceptive acts or practices.--A violation of 
        subsection (a) shall constitute an unfair or deceptive act or 
        practice in commerce in violation of section 5(a) of the 
        Federal Trade Commission Act (15 U.S.C. 45(a)).
            (2) Powers of commission.--Subject to paragraphs (4) and 
        (5), the Commission shall enforce subsection (a) in the same 
        manner, by the same means, and with the same jurisdiction, 
        powers, and duties as though all applicable terms and 
        provisions of the Federal Trade Commission Act (15 U.S.C. 41 et 
        seq.) were incorporated into and made a part of this section. 
        Any person who violates subsection (a) shall be subject to the 
        penalties and entitled to the privileges and immunities 
        provided in such Act.
            (3) Regulations.--The Commission shall prescribe, in 
        accordance with section 553 of title 5, United States Code, 
        such regulations as are necessary to carry out the purposes of 
        this section, including regulations as may be necessary or 
        appropriate to administer and carry out the purposes and 
        objectives of this section.
            (4) Presumption of materiality.--With respect to a 
        violation of subsection (a), there shall be a rebuttable 
        presumption that a deceptive policy statement is material and 
        likely to cause injury.
            (5) Application to common carriers.--Notwithstanding the 
        definition of the term ``Acts to regulate commerce'' in section 
        4 of the Federal Trade Commission Act (15 U.S.C. 44) and the 
        exception provided by section 5(a)(2) of such Act (15 U.S.C. 
        45(a)(2)) for common carriers, the Commission shall enforce 
        subsection (a), in the same manner provided in paragraphs (1) 
        through (4), with respect to covered entities that are common 
        carriers for purposes of such section 5(a)(2).
    (c) Definitions.--In this section:
            (1) Commission.--The term ``Commission'' means the Federal 
        Trade Commission.
            (2) Covered entity.--The term ``covered entity'' means an 
        entity that--
                    (A) is an interactive computer service;
                    (B) is engaged in interstate or foreign commerce; 
                and
                    (C) moderates information provided by a user or 
                other information content provider.
            (3) Deceptive policy statement.--The term ``deceptive 
        policy statement'' means an oral or written representation, 
        omission, or practice made by an officer, director, or other 
        authorized agent of a covered entity regarding such covered 
        entity's information moderation policy that--
                    (A) misleads or is likely to mislead a reasonable 
                individual regarding the covered entity's service; and
                    (B) affects or is likely to affect a reasonable 
                individual's choice to use or use of the covered 
                entity's service.
            (4) Information content provider.--The term ``information 
        content provider'' has the meaning given such term in section 
        230(f) of the Communications Act of 1934 (47 U.S.C. 230(f)).
            (5) Interactive computer service.--The term ``interactive 
        computer service'' has the meaning given such term in section 
        230(f) of the Communications Act of 1934 (47 U.S.C. 230(f)).
            (6) Moderate.--With respect to information provided by a 
        user or other information content provider, the term 
        ``moderate'' means--
                    (A) to remove or otherwise restrict access to or 
                the availability of such information;
                    (B) to edit or otherwise alter such information; or
                    (C) to post, publish, or otherwise display a 
                warning, fact-check notice, or other label in 
                conjunction with such information.
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