S 4534 · 116th Congress 2019–2021, ended

Online Freedom and Viewpoint Diversity Act

Fact sheet

Latest action · Sep 8, 2020 Read twice and referred to the Committee on Commerce, Science, and Transportation.

Progress

Where this bill reached, and when. A stage with no date was not reached; one that failed a vote and later carried shows the date it carried.

  1. IntroducedSep 8, 2020
  2. Passed SenateNot reached
  3. Passed HouseNot reached
  4. To the PresidentNot reached
  5. Became lawNot reached

Summary

Online Freedom and Viewpoint Diversity Act

This bill limits the immunity of a provider or user of an interactive computer service (i.e., social media platform) for screening and blocking offensive material on the service's platform, revises the applicability of civil liability for this moderation of offensive material, and changes a definition that governs applicability of the immunity.

Under current law, this immunity protects a provider or user of a social media platform from being treated as the publisher or speaker of information provided by another information content provider.

The bill removes this immunity from a decision, agreement, or action by a provider or user of a social media platform to restrict access to or availability of material provided by another information content provider. To avoid liability for this conduct, in addition to acting in good faith, the bill requires that the actor must have an objectively reasonable belief that the material is obscene, lewd, lascivious, filthy, excessively violent, harassing, promoting self-harm, promoting terrorism, or unlawful. Currently, a good faith actor must only consider such material to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable.

Further, the bill redefines information content provider to encompass any person who editorializes or affirmatively and substantively modifies the content of another person or entity.

Cosponsors 2

Members who signed on, in the order they did. All signed on Sep 8, 2020.

SeatCosponsorSigned on
R-SCLindsey GrahamOriginalSep 8, 2020
R-TNMarsha BlackburnOriginalSep 8, 2020

Actions 2

Everything that happened, newest first.

  1. Sep 8, 2020Introduced in Senate
  2. Sep 8, 2020Read twice and referred to the Committee on Commerce, Science, and Transportation.

Related bills 1

Companion bills and other measures the record links to this one.

BillTitleRelationshipLatest action
S 4632Online Content Policy Modernization ActRelated billSep 21, 2020

Subjects

Assigned by the Library of Congress. Policy area: Science, Technology, Communications.

Text 1

Each version as it was printed, newest first.

  1. Sep 8, 2020Introduced in Senate

Support LegiList

This page is free, carries no paywall, and is built and maintained by one person. If the record here is useful to you, a few dollars keeps it going.

Processed by Stripe in a separate window. LegiList never sees card details.

Everything here is as published by Congress: the summary is the Congressional Research Service's, the action wording is the clerks', and the subjects are the Library of Congress's. How far it got is read from the actions themselves, taking the most recent one of each kind, so a bill that failed a vote and later passed is shown as having passed. Records come from this bill on Congress.gov and govinfo.gov.