HR7045-119

What This Bill Does

The PROTECT Act repeals section 230 of the Communications Act of 1934. That repeal would remove the federal rule that generally prevents interactive computer services from being treated as the publisher or speaker of third-party content and remove the related protection for good-faith content moderation. The bill preserves a definition of interactive computer service by placing it in section 223(i) of the Communications Act, covering information services, systems, or access software providers that enable computer access by multiple users, including internet access systems operated by libraries or educational institutions. It then updates many statutes that referred to section 230, including obscenity provisions in title 18, sex-trafficking provisions, controlled-substances provisions, trademark law, defamation-related judgment rules, the Daniel Anderl Judicial Security and Privacy Act, unlawful internet gambling definitions, and NTIA provisions. The conforming amendments take effect upon enactment.

Who Benefits and How

Plaintiffs harmed by online defamation, harassment, illegal sales, fraud, sex trafficking facilitation, or other third-party content benefit because a major federal immunity defense would disappear. Traditional publishers and media companies benefit from a more similar liability environment between online platforms and offline publishers. State attorneys, civil rights organizations, child safety advocates, and victims' attorneys may benefit from additional leverage against platforms that host or amplify harmful third-party material.

Who Bears the Burden and How

Large online platforms, social media services, search engines, web hosts, online marketplaces, small websites, forums, libraries, and educational institutions that operate interactive computer services face greater litigation exposure and compliance costs. Content moderation teams must reassess policies without the section 230 safe harbor. Internet users and online creators may face more removed content, fewer forum spaces, or stricter verification as services reduce legal risk. Courts may see more claims that previously would have been dismissed under section 230.

Key Provisions

• Repeals section 230 of the Communications Act and removes its liability protections.
• Preserves an interactive computer service definition in section 223(i) of the Communications Act.
• Amends criminal obscenity, sex-trafficking, controlled-substances, trademark, defamation, judicial security, gambling, and NTIA statutes to remove section 230 cross-references.
• Removes statutory language that treated certain moderation actions as protected under section 230.
• Applies the conforming amendments immediately upon enactment.