Click any annotated section or its icon to see analysis.
Referenced Laws
47 U.S.C. 230
52 U.S.C. 30101(1)
42 U.S.C. 1862w(a)(2)
Section 1
1. Short title This Act may be cited as the Digital Integrity in Democracy Act.
Section 2
2. Exception to section 230 immunity for social media platform operators hosting false election administration information Section 230 of the Communications Act of 1934 (47 U.S.C. 230) is amended— in subsection (c)(1)— by striking No provider and inserting the following: Except as provided in subparagraph (B), no provider by adding at the end the following: Subparagraph (A) shall not apply with respect to false election administration information that the operator of a social media platform intentionally or knowingly hosts on the social media platform. in subsection (f), by adding at the end the following: The term covered election has the meaning given the term election under section 301(1) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30101(1)). The term false election administration information, with respect to a social media platform, means objectively incorrect information that— relates to— the time, place, or manner of holding any covered election; or the qualifications for or restrictions on voter eligibility for any covered election, including— any criminal, civil, or other legal penalties associated with voting in any covered election; or information regarding the registration status or eligibility of a voter; and is publicly accessible on the social media platform. The term false election administration information does not include any content that relates to political speech in favor of or against— a candidate (as defined in section 301(2) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30101(2)); an individual who holds a Federal office (as defined in section 301(3) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30101(3)); or a political party. The term social media platform means a social media platform, as defined in section 124(a)(2) of the Trafficking Victims Prevention and Protection Reauthorization Act of 2022 (42 U.S.C. 1862w(a)(2)), that had not fewer than 25,000,000 unique monthly users in the United States for a majority of the months during the most recent 12-month period, except that such section 124(a)(2) shall be applied by substituting an interactive computer service for a website or internet medium. (A)In generalExcept as provided in subparagraph (B), no provider; and (B)ExceptionSubparagraph (A) shall not apply with respect to false election administration information that the operator of a social media platform intentionally or knowingly hosts on the social media platform.; and (5)Covered electionThe term covered election has the meaning given the term election under section 301(1) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30101(1)).(6)False election administration information(A)In generalThe term false election administration information, with respect to a social media platform, means objectively incorrect information that—(i)relates to—(I)the time, place, or manner of holding any covered election; or(II)the qualifications for or restrictions on voter eligibility for any covered election, including—(aa)any criminal, civil, or other legal penalties associated with voting in any covered election; or(bb)information regarding the registration status or eligibility of a voter; and(ii)is publicly accessible on the social media platform.(B)Political speech excludedThe term false election administration information does not include any content that relates to political speech in favor of or against—(i)a candidate (as defined in section 301(2) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30101(2));(ii)an individual who holds a Federal office (as defined in section 301(3) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30101(3)); or(iii)a political party.(7)Social media platformThe term social media platform means a social media platform, as defined in section 124(a)(2) of the Trafficking Victims Prevention and Protection Reauthorization Act of 2022 (42 U.S.C. 1862w(a)(2)), that had not fewer than 25,000,000 unique monthly users in the United States for a majority of the months during the most recent 12-month period, except that such section 124(a)(2) shall be applied by substituting an interactive computer service for a website or internet medium..
Section 3
3. False election administration information removal process In this section: The term election day means, with respect to any covered election (as defined in section 230 of the Communications Act of 1934 (47 U.S.C. 230))— the date on which the covered election is held; and any day during the period— beginning on the earlier of— the first day during which early voting for such election is allowed; or the first day on which the State distributes absentee ballots for such election; and ending on the date of such election. The term false election administration information has the meaning given the term in section 230 of the Communications Act of 1934 (47 U.S.C. 230), as amended by section 2. The term social media platform has the meaning given the term in section 230 of the Communications Act of 1934 (47 U.S.C. 230), as amended by section 2. The term written, with respect to a communication, includes a written electronic communication. If an operator of a social media platform receives a complete notification, in accordance with paragraph (2), that false election administration information is being hosted on the social media platform, the operator shall— determine whether the alleged false election administration information is objectively incorrect; if the determination under subparagraph (A) is that the alleged false election administration information is objectively incorrect, remove the false election administration information— not later than 48 hours after receiving the complete notification, if received on a day other than an election day; or not later than 24 hours after receiving the complete notification, if received on an election day; and not later than 12 hours after removing false election administration information, provide a written response to the complainant stating that the operator removed the false election administration information. A notification described in paragraph (1) shall— be a written notification submitted to the operator of the social media platform; contain a description of the false election administration information being hosted on the social media platform that is reasonably sufficient for the operator to locate the false election administration information; and contain the name and contact information of the complainant, including mailing address, telephone number, and email address. The Attorney General may bring a civil action in an appropriate district court of the United States against an operator of a social media platform that violates subsection (b)(1)(A) for— damages of $50,000 for each item of false election administration information that was not removed by the operator in accordance with that paragraph; and injunctive relief relating to the removal of false election administration information that is the subject of the civil action. The attorney general or secretary of state of a State may bring a civil action in an appropriate district court of the United States against an operator of a social media platform that violates subsection (b)(1)(A) with respect to a covered election being held in that State for— damages of $50,000 for each item of false election administration information that was not removed by the operator in accordance with that paragraph; and injunctive relief relating to the removal of false election administration information that is the subject of the civil action. A candidate, as defined in section 301 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30101) aggrieved by a violation of subsection (b)(1)(A) may, after notifying the chief election official of the State involved, bring a civil action in an appropriate district court of the United States against the operator of a social media platform that committed the violation for— damages of $50,000 for each item of false election administration information that was not removed by the operator in accordance with that paragraph; and injunctive relief relating to the removal of false election administration information that is the subject of the civil action. Subparagraph (B) of section 230(c)(1) of the Communications Act of 1934 (47 U.S.C. 230(c)(1)), as added by section 2, shall not apply with respect to false election administration information hosted on a social media platform if the operator of the social media platform— becomes aware of the information due to a notification described in subsection (b)(1) of this section and removes the information in accordance with subparagraph (A) of that subsection; or becomes aware of the information through means other than a notification described in subsection (b)(1) of this section and removes the information— not later than 48 hours after becoming aware of the information, if it becomes so aware on a day other than an election day; or not later than 24 hours after becoming aware of the information, if it becomes so aware on an election day.
Section 4
4. Effective date This Act, and the amendments made by this Act, shall apply with respect to any false election administration information alleged to be hosted on a social media platform on or after the date of enactment of this Act.