US Federal 2023-2024 Regular Session

US Federal Senate Bill SB921

Introduced
3/22/23  

Caption

DISCOURSE Act Disincentivizing Internet Service Censorship of Online Users and Restrictions on Speech and Expression Act

Impact

The anticipated impact of SB921 includes significant changes in how platforms engage with user-generated content. By expanding liability for content moderation practices, the bill may encourage platforms to either moderate more conservatively to avoid liability or drop moderation altogether, which could lead to a proliferation of harmful content online. Furthermore, the bill requires service providers to make public disclosures about their moderation practices, which signifies a move toward greater accountability in the tech industry. Proponents argue that these changes enhance user rights and promote free speech, particularly for marginalized voices that may be disproportionately affected by current algorithms.

Summary

SB921, also known as the DISCOURSE Act, aims to amend Section 230 of the Communications Act of 1934 to address perceived shortcomings in how the law regulates content moderation and distribution on internet platforms. The bill proposes to redefine the responsibilities of 'interactive computer service' providers, particularly those holding a dominant market share. If enacted, these providers would be held liable for content moderation practices that appear to express or suppress certain viewpoints without just cause. This shift has implications for the balance of power between platforms and content creators, as it seeks to enhance transparency in content management.

Contention

However, the bill has sparked considerable debate regarding its potential consequences. Critics express concerns that the increased liability for platforms could undermine moderation efforts and foster an environment where misinformation proliferates, as platforms might be disinclined to act against harmful content to avoid lawsuits. Additionally, there are worries that the bill may unintentionally disproportionately affect smaller platforms, which may lack the resources to navigate the new regulatory requirements effectively. Advocates for free speech and opponents of censorship see the bill as a necessary reform, but concerns about the implementation and unintended ramifications drive the contentious discussions.

Companion Bills

No companion bills found.

Previously Filed As

US H5726

Promotes free expression and access of information by prohibiting the censorship of library materials.

US S0238

Promotes free expression and access of information by prohibiting the censorship of library materials.

US HB908

Stop the Censorship Act

US SB1626

Relating to censorship of or certain other interference with digital expression, including expression on social media platforms or through electronic mail messages.

US HB4087

Relating to censorship of or certain other interference with digital expression, including expression on social media platforms or through electronic mail messages.

US SB01295

An Act Concerning Broadband Internet, Gaming, Social Media, Online Services And Consumer Contracts.

US HB140

Protecting Speech from Government Interference Act This bill generally prohibits federal employees from censoring the speech of others while acting in an official capacity. Specifically, the bill prohibits employees of executive agencies or who are otherwise in the competitive service from (1) using their official authority to influence or advocate for a third party, including a private entity, to censor speech; (2) censoring the speech of any person who has a pending regulatory application with, or is the subject of or a participant in an active enforcement action by, the employee's office; or (3) engaging in censorship while on duty, wearing a uniform, or using official government property. Certain presidential appointees may not censor speech at any time, including outside normal duty hours. Employees are subject to disciplinary action, civil penalties, or both for violations. The bill defines censor or censorship to include ordering or advocating for the removal of lawful speech, the addition of disclaimers, or the restriction of access with respect to any platform (e.g., social media).

US A530

"Stop Social Media Censorship Act"; creates private right of action for users of social media websites whose political or religious speech has been deleted or censored by social media websites.

US SB3540

LISTOS Act of 2025 Language-Inclusive Support and Transparency for Online Services Act of 2025

US SB66

Transparency in Bureaucratic Communications ActThis bill requires federal offices of inspectors general to include in their existing semiannual reports to Congress information about any communications between their department or agency and certain online platforms and services. Specifically, such reports must include details on the contents and circumstances of any communication or attempted communication with an internet platform, information content provider, or access software provider. Covered communications include those addressing specific online content, content moderation practices, and any other topic related to a platform's or service's data inputs, algorithms, modeling and simulation processes, analysis tools, or any related tool. 

Similar Bills

No similar bills found.