S. 840

119 S840 IS: Digital Integrity in Democracy Act
 U.S. Senate
 2025-03-04
 text/xml
 EN
 Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
 II
 119th CONGRESS  1st Session
 S. 840
 IN THE SENATE OF THE UNITED STATES
 March 4, 2025
  Mr. Welch  (for himself,  Ms. Hirono ,  Ms. Klobuchar ,  Mr. Merkley , and  Mr. Luján ) 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.
1.
Short title
This Act may be cited as the   Digital Integrity in Democracy Act  .
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 .
 .
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 ), as amended by section 2)—
(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) 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 subsection; 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) 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 subsection; 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) 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 subsection; 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 paragraph (2) of subsection (b) of this section and removes the information in accordance with paragraph (1) of that subsection; or
(2)
becomes aware of the information through means other than a notification described in subsection (b)(2) 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.
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.