Digital Integrity in Democracy Act
The Digital Integrity in Democracy Act would modify how social media platforms are treated under Section 230 of the Communications Act. It creates a targeted exception to 230 immunity for platforms that knowingly host false election administration information. The bill defines what counts as false information about elections, sets thresholds for which platforms are subject to the rules, and requires platforms to remove such information promptly after receiving a formal notification. It also establishes enforcement mechanisms (federal and state civil actions, plus a private right of action for candidates) and provides a safe harbor to preserve immunity if platforms act quickly to remove offending content. The act would take effect for false election information hosted on or after enactment. In short, the bill aims to hold large social media platforms more accountable for false, election-related administrative information by mandating removal within tight timeframes and allowing lawsuits to recover damages for items not removed.
Key Points
- 1Targeted 230 immunity exception: If a social media platform intentionally or knowingly hosts false election administration information, the platform loses the general Section 230 immunity for that content.
- 2Narrow definition of false election administration information: Objectively incorrect information about the time, place, manner of holding a covered election, or voter eligibility/related penalties and status, as long as the information is publicly accessible on the platform. Political speech content in favor of or against candidates, officeholders, or political parties is excluded.
- 3Platform and scope: Applies to platforms that have at least 25 million unique U.S. monthly users for the majority of the last 12 months (with a substitution in the law so that “interactive computer service” is the reference). This thresholds targets large platforms.
- 4Removal process and deadlines: Upon receiving a complete notification, the platform must determine if the information is objectively incorrect and remove it within 48 hours (non-election day) or 24 hours (election day). The platform must provide a written acknowledgment of removal within 12 hours after removal.
- 5Enforcement mechanisms:
- 6- Federal level: A.G. can sue for damages of $50,000 per item not removed and seek injunctive relief.
- 7- State level: State AG or secretary of state can sue for the same damages and injunctive relief.
- 8- Private right of action: A candidate can sue after notifying the state chief election official, for the same damages and injunctive relief.
- 9Safe harbor to preserve immunity: If the platform removes false information after notification, or removes information promptly upon becoming aware otherwise, it can preserve its Section 230 immunity, provided it meets the specified timeframes.
- 10Effective date: Applies to false election administration information alleged to be hosted on or after enactment.