S.69 - Curtailing Online Limitations that Lead Unconstitutionally to Democracy's Erosion Act; COLLUDE Act (119th Congress)
Summary
The COLLUDE Act aims to amend Section 230 of the Communications Act of 1934 to address governmental interference in content moderation decisions made by interactive computer service providers. It seeks to prevent platforms from restricting access to material based on governmental requests, unless for legitimate law enforcement or national security purposes. The bill introduces an 'affirmative defense' for providers and users, shifting the burden of proof regarding their status as information content providers.
Expected Effects
The act could limit the ability of government entities to influence content moderation on online platforms, potentially fostering a more open online environment. However, it may also reduce platforms' ability to address misinformation or harmful content if such actions are perceived as influenced by government communications. The change in burden of proof could also create legal challenges for platforms.
Potential Benefits
- Protection of Free Speech: Prevents government censorship and protects legitimate political speech online.
- Reduced Government Influence: Limits the ability of government entities to pressure platforms into suppressing certain viewpoints.
- Increased Transparency: Requires government communications influencing content moderation to be disclosed, promoting accountability.
- Support for Open Discourse: Fosters a more open and diverse online environment where various viewpoints can be expressed.
- Clarity on Law Enforcement Exceptions: Provides clear definitions for legitimate law enforcement and national security purposes, preventing abuse.
Most Benefited Areas:
Potential Disadvantages
- Potential Spread of Misinformation: Limits platforms' ability to remove or restrict access to misinformation, even if harmful.
- Increased Legal Burden: Shifts the burden of proof onto platforms to demonstrate they are not information content providers, potentially increasing litigation.
- Challenges in Implementation: Defining 'legitimate political speech' and 'governmental censorship' can be subjective and lead to disputes.
- Risk of Abuse: Bad actors may exploit the law to spread harmful content under the guise of protected speech.
- Reduced Platform Accountability: May reduce the incentive for platforms to proactively address harmful content, as they could face legal challenges for doing so.
Most Disadvantaged Areas:
Constitutional Alignment
The COLLUDE Act's primary focus is on protecting freedom of speech online, aligning with the First Amendment of the US Constitution, which prevents Congress from abridging freedom of speech. However, the Act also acknowledges the need for exceptions related to law enforcement and national security, reflecting the government's responsibility to protect public safety. The balance between these interests is a key constitutional consideration.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).