S.840 - Digital Integrity in Democracy Act (119th Congress)
Summary
S.840, the Digital Integrity in Democracy Act, aims to hold social media platforms accountable for intentionally or knowingly hosting false election administration information. The bill amends Section 230 of the Communications Act of 1934, creating an exception to immunity for platforms hosting such content. It defines 'false election administration information' and establishes a removal process, including notification requirements and enforcement mechanisms, with potential penalties for non-compliance.
Expected Effects
The Act would likely lead to increased scrutiny and regulation of content on social media platforms related to election administration. Platforms would face potential legal action for failing to remove false information promptly. This could change how social media platforms moderate content related to elections.
Potential Benefits
- Reduced spread of misinformation regarding election procedures.
- Increased voter confidence in the accuracy of election information.
- Greater accountability for social media platforms in managing content.
- Potential for more informed participation in elections.
- Provides legal recourse for candidates and states against platforms that fail to remove false information.
Potential Disadvantages
- Potential for censorship or over-removal of legitimate content due to fear of liability.
- Risk of politically motivated complaints and abuse of the notification process.
- Increased burden and cost for social media platforms to monitor and moderate content.
- Possible chilling effect on free speech related to elections.
- Legal challenges based on First Amendment grounds.
Most Disadvantaged Areas:
Constitutional Alignment
The bill's constitutionality is debatable, particularly concerning the First Amendment's guarantee of freedom of speech. While the government has an interest in ensuring fair and accurate elections, restricting speech on social media platforms could be viewed as an infringement on protected expression. The definition of 'false election administration information' and the exceptions for political speech are attempts to mitigate these concerns, but legal challenges are still likely. Article 1, Section 4 gives states the power to prescribe the 'Times, Places and Manner of holding Elections', but this bill could be seen as an overreach of federal power into state election administration.
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).