Bill to Suspend Section 230 for Social Media Boosting Anti-Vax Content

Proposed Legislation Targets Social Media Liability for Health Misinformation

A new bill has been presented by two Democratic senators aiming to modify the legal protections currently afforded to social media platforms. The legislation seeks to remove the liability shield these companies benefit from when they amplify anti-vaccine conspiracies and other forms of inaccurate health-related information.

Details of the Health Misinformation Act

Senators Amy Klobuchar (D-MN) and Ben Ray Luján (D-NM) introduced the Health Misinformation Act. This bill proposes a specific exception within Section 230 of the Communications Decency Act. It would hold platforms accountable for health misinformation and conspiracies that are promoted through their algorithms.

Section 230 currently shields platforms from legal responsibility for the majority of content posted by users. The proposed changes would specifically address instances where algorithms actively contribute to the spread of harmful health claims.

Concerns Regarding Platform Responsibility

Klobuchar emphasized the need for greater accountability from online platforms, stating they haven’t adequately protected public health. She highlighted the significant financial resources of these companies and their obligation to prevent the dissemination of dangerous vaccine misinformation.

The bill’s language would revoke liability protections when “health misinformation” – defined by the Secretary of the Department of Health and Human Services (HHS) – is “created or developed through the interactive computer service” and subsequently amplified by an algorithm.

Scope and Timing of the Proposed Changes

This exception to Section 230 would only be activated during a declared national public health crisis, such as the COVID-19 pandemic. It would not apply during normal circumstances.

The bill acknowledges how platform features incentivize the sharing of content, prioritizing engagement metrics over factual accuracy. This dynamic, it argues, contributes to the proliferation of both misinformation and disinformation.

Focus on Key Disinformation Spreaders

The legislation also references the “disinformation dozen”— a group of twelve individuals, including prominent anti-vaccine advocate Robert F. Kennedy Jr., responsible for a substantial portion of the anti-vaccine misinformation circulating online. Many of these individuals continue to actively disseminate their views on platforms like Twitter and Facebook.

Debate Surrounding Section 230

Defenders of Section 230 generally caution against creating new exceptions, fearing unintended consequences. They argue that the law is fundamental to the functioning of the modern internet, supporting a wide range of online services.

However, some lawmakers, spanning both Democratic and Republican parties, view Section 230 as a potential tool for regulating large social media companies.

White House and Congressional Action

While the Biden administration is pursuing regulatory measures through the Justice Department and the FTC, the White House has indicated it is also “reviewing” Section 230. However, altering Section 230 ultimately requires Congressional action.

Facebook's Response

Following recent criticism from President Biden regarding its handling of COVID-19 misinformation, Facebook expressed a willingness to collaborate on clarifying the legal framework surrounding health-related misinformation. Kevin Martin, Facebook VP of Public Policy, stated the company looks forward to working with Congress and the industry on potential reforms.

Challenges to Bipartisan Support

Despite its narrow focus, the bill faces challenges in securing bipartisan support. Republicans are also interested in modifying Big Tech’s liability protections, but generally believe platforms are removing *too much* content, rather than too little.

Furthermore, Republicans are more inclined to spread misinformation about COVID-19 vaccines, often framing vaccination as a politically charged issue.

Public Health Concerns Remain

Regardless of the bill’s fate, a significant portion of the American population remains hesitant to get vaccinated, even with the emergence of more contagious variants and the approaching winter months.

Luján underscored the urgency of the situation, stating that lives are at stake as COVID-19 cases rise among the unvaccinated and misinformation continues to spread on social media.

[scribd id=516899874 key=key-BIqEVa0KCIPeqoKi8YMO mode=scroll]