Biased Algorithm Deterrence Act of 2019
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:
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 492 Introduced in House (IH)]
<DOC>
116th CONGRESS
1st Session
H. R. 492
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
January 11, 2019
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
2019''.
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 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.
``(7) Algorithm.--The term `algorithm' means a computer
program that performs any action described in subparagraph (A),
(B), or (C) of paragraph (4).''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Energy and Commerce.
Referred to the Subcommittee on Communications and Technology.
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