[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4977 Introduced in Senate (IS)]

<DOC>






118th CONGRESS
  2d Session
                                S. 4977

     To hold accountable operators of social media platforms that 
     intentionally or knowingly host false election administration 
                              information.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             August 1, 2024

  Mr. Welch (for himself, Ms. Klobuchar, Mr. Merkley, Mr. Lujan, Mr. 
 Bennet, and Ms. Hirono) introduced the following bill; which was read 
     twice and referred to the Committee on Commerce, Science, and 
                             Transportation

_______________________________________________________________________

                                 A BILL


 
     To hold accountable operators of social media platforms that 
     intentionally or knowingly host false election administration 
                              information.

    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 ``Digital Integrity in Democracy 
Act''.

SEC. 2. EXCEPTION TO SECTION 230 IMMUNITY FOR SOCIAL MEDIA PLATFORM 
              OPERATORS HOSTING FALSE ELECTION ADMINISTRATION 
              INFORMATION.

    Section 230 of the Communications Act of 1934 (47 U.S.C. 230) is 
amended--
            (1) in subsection (c)(1)--
                    (A) by striking ``No provider'' and inserting the 
                following:
                    ``(A) In general.--Except as provided in 
                subparagraph (B), no provider''; and
                    (B) by adding at the end the following:
                    ``(B) Exception.--Subparagraph (A) shall not apply 
                with respect to false election administration 
                information that the operator of a social media 
                platform intentionally or knowingly hosts on the social 
                media platform.''; and
            (2) in subsection (f), by adding at the end the following:
            ``(5) Covered election.--The term `covered election' has 
        the meaning given the term `election' under section 301(1) of 
        the Federal Election Campaign Act of 1971 (52 U.S.C. 30101(1)).
            ``(6) False election administration information.--
                    ``(A) In general.--The term `false election 
                administration information', with respect to a social 
                media platform, means objectively incorrect information 
                that--
                            ``(i) relates to--
                                    ``(I) the time, place, or manner of 
                                holding any covered election; or
                                    ``(II) the qualifications for or 
                                restrictions on voter eligibility for 
                                any covered election, including--
                                            ``(aa) any criminal, civil, 
                                        or other legal penalties 
                                        associated with voting in any 
                                        covered election; or
                                            ``(bb) information 
                                        regarding the registration 
                                        status or eligibility of a 
                                        voter; and
                            ``(ii) is publicly accessible on the social 
                        media platform.
                    ``(B) Political speech excluded.--The term `false 
                election administration information' does not include 
                any content that relates to political speech in favor 
                of or against--
                            ``(i) a candidate (as defined in section 
                        301(2) of the Federal Election Campaign Act of 
                        1971 (52 U.S.C. 30101(2));
                            ``(ii) an individual who holds a Federal 
                        office (as defined in section 301(3) of the 
                        Federal Election Campaign Act of 1971 (52 
                        U.S.C. 30101(3)); or
                            ``(iii) a political party.
            ``(7) Social media platform.--The term `social media 
        platform' means a social media platform, as defined in section 
        124(a)(2) of the Trafficking Victims Prevention and Protection 
        Reauthorization Act of 2022 (42 U.S.C. 1862w(a)(2)), that had 
        not fewer than 25,000,000 unique monthly users in the United 
        States for a majority of the months during the most recent 12-
        month period, except that such section 124(a)(2) shall be 
        applied by substituting `an interactive computer service' for 
        `a website or internet medium'.''.

SEC. 3. FALSE ELECTION ADMINISTRATION INFORMATION REMOVAL PROCESS.

    (a) Definitions.--In this section:
            (1) Election day.--The term ``election day'' means, with 
        respect to any covered election (as defined in section 230 of 
        the Communications Act of 1934 (47 U.S.C. 230))--
                    (A) the date on which the covered election is held; 
                and
                    (B) any day during the period--
                            (i) beginning on the earlier of--
                                    (I) the first day during which 
                                early voting for such election is 
                                allowed; or
                                    (II) the first day on which the 
                                State distributes absentee ballots for 
                                such election; and
                            (ii) ending on the date of such election.
            (2) False election administration information.--The term 
        ``false election administration information'' has the meaning 
        given the term in section 230 of the Communications Act of 1934 
        (47 U.S.C. 230), as amended by section 2.
            (3) Social media platform.--The term ``social media 
        platform'' has the meaning given the term in section 230 of the 
        Communications Act of 1934 (47 U.S.C. 230), as amended by 
        section 2.
            (4) Written.--The term ``written'', with respect to a 
        communication, includes a written electronic communication.
    (b) Removal Process.--
            (1) Removal required.--If an operator of a social media 
        platform receives a complete notification, in accordance with 
        paragraph (2), that false election administration information 
        is being hosted on the social media platform, the operator 
        shall--
                    (A) determine whether the alleged false election 
                administration information is objectively incorrect;
                    (B) if the determination under subparagraph (A) is 
                that the alleged false election administration 
                information is objectively incorrect, remove the false 
                election administration information--
                            (i) not later than 48 hours after receiving 
                        the complete notification, if received on a day 
                        other than an election day; or
                            (ii) not later than 24 hours after 
                        receiving the complete notification, if 
                        received on an election day; and
                    (C) not later than 12 hours after removing false 
                election administration information, provide a written 
                response to the complainant stating that the operator 
                removed the false election administration information.
            (2) Notification requirements.--A notification described in 
        paragraph (1) shall--
                    (A) be a written notification submitted to the 
                operator of the social media platform;
                    (B) contain a description of the false election 
                administration information being hosted on the social 
                media platform that is reasonably sufficient for the 
                operator to locate the false election administration 
                information; and
                    (C) contain the name and contact information of the 
                complainant, including mailing address, telephone 
                number, and email address.
    (c) Enforcement.--
            (1) Attorney general civil action.--The Attorney General 
        may bring a civil action in an appropriate district court of 
        the United States against an operator of a social media 
        platform that violates subsection (b)(1)(A) for--
                    (A) damages of $50,000 for each item of false 
                election administration information that was not 
                removed by the operator in accordance with that 
                paragraph; and
                    (B) injunctive relief relating to the removal of 
                false election administration information that is the 
                subject of the civil action.
            (2) State civil action.--The attorney general or secretary 
        of state of a State may bring a civil action in an appropriate 
        district court of the United States against an operator of a 
        social media platform that violates subsection (b)(1)(A) with 
        respect to a covered election being held in that State for--
                    (A) damages of $50,000 for each item of false 
                election administration information that was not 
                removed by the operator in accordance with that 
                paragraph; and
                    (B) injunctive relief relating to the removal of 
                false election administration information that is the 
                subject of the civil action.
            (3) Private right of action.--A candidate, as defined in 
        section 301 of the Federal Election Campaign Act of 1971 (52 
        U.S.C. 30101) aggrieved by a violation of subsection (b)(1)(A) 
        may, after notifying the chief election official of the State 
        involved, bring a civil action in an appropriate district court 
        of the United States against the operator of a social media 
        platform that committed the violation for--
                    (A) damages of $50,000 for each item of false 
                election administration information that was not 
                removed by the operator in accordance with that 
                paragraph; and
                    (B) injunctive relief relating to the removal of 
                false election administration information that is the 
                subject of the civil action.
    (d) Safe Harbor Relating to Section 230 Immunity Exception.--
Subparagraph (B) of section 230(c)(1) of the Communications Act of 1934 
(47 U.S.C. 230(c)(1)), as added by section 2, shall not apply with 
respect to false election administration information hosted on a social 
media platform if the operator of the social media platform--
            (1) becomes aware of the information due to a notification 
        described in subsection (b)(1) of this section and removes the 
        information in accordance with subparagraph (A) of that 
        subsection; or
            (2) becomes aware of the information through means other 
        than a notification described in subsection (b)(1) of this 
        section and removes the information--
                    (A) not later than 48 hours after becoming aware of 
                the information, if it becomes so aware on a day other 
                than an election day; or
                    (B) not later than 24 hours after becoming aware of 
                the information, if it becomes so aware on an election 
                day.

SEC. 4. EFFECTIVE DATE.

    This Act, and the amendments made by this Act, shall apply with 
respect to any false election administration information alleged to be 
hosted on a social media platform on or after the date of enactment of 
this Act.
                                 <all>