Biased Algorithm Deterrence Act of 2018

Biased Algorithm Deterrence Act of 2018

This bill provides that an owner or operator of a social media service shall be treated as a publisher or speaker of user-generated content (and, therefore, may potentially be held liable with respect to such content) if  the service or its algorithm does any of the following:

• displays user-generated content in an order that is not chronological;
• delays the display of such content relative to other content; or
• hinders the display of such content for reasons other than to carry out the user's direction or to restrict material that the provider or user considers obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable.

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7363 Introduced in House (IH)]

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115th CONGRESS
  2d Session
                                H. R. 7363

  To amend the Communications Act of 1934 to provide that an owner or 
  operator of a social media service that hinders the display of user-
 generated content shall be treated as a publisher or speaker of such 
                    content, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           December 20, 2018

 Mr. Gohmert introduced the following bill; which was referred to the 
                    Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
  To amend the Communications Act of 1934 to provide that an owner or 
  operator of a social media service that hinders the display of user-
 generated content shall be treated as a publisher or speaker of such 
                    content, 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 ``Biased Algorithm Deterrence Act of 
2018''.

SEC. 2. EXCEPTION TO PROTECTION FROM TREATMENT AS PUBLISHER OR SPEAKER.

    Section 230 of the Communications Act of 1934 (47 U.S.C. 230) is 
amended--
            (1) in subsection (c), by adding at the end the following:
            ``(3) Exception.--
                    ``(A) In general.--Notwithstanding paragraph (1), 
                an owner or operator of a social media service that 
                displays user-generated content in an order other than 
                chronological order, delays the display of such content 
                relative to other content, or otherwise hinders the 
                display of such content relative to other content, if 
                for a reason other than to restrict access to or 
                availability of material described in paragraph (2)(A) 
                or to carry out the direction of the user that 
                generated such content, shall be treated as a publisher 
                or speaker of such content.
                    ``(B) Use of algorithms.--If an algorithm or other 
                computer program of a social media service is used to 
                engage in an action related to user-generated content 
                that is described in subparagraph (A), such action 
                shall be considered to be the action of the owner or 
                operator of the social media service.''; and
            (2) in subsection (f), by adding at the end the following:
            ``(5) Social media service.--The term `social media 
        service' means any interactive computer service provided over 
        the Internet that connects users for the purpose of such users 
        engaging in dialogue, sharing information, collaborating, or 
        otherwise interacting.
            ``(6) User-generated content.--The term `user-generated 
        content' means content that is supplied on a social media 
        service by an information content provider who is a user of 
        such service.''.
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