Bills of Congress by U.S. Congress

Promoting Responsible Online Technology and Ensuring Consumer Trust Act; PROTECT Act

Summary

The "Promoting Responsible Online Technology and Ensuring Consumer Trust Act" (PROTECT Act) aims to repeal Section 230 of the Communications Act of 1934. Section 230 currently provides immunity to online platforms from liability for user-generated content. The bill also includes conforming amendments to various other acts, such as the Trademark Act of 1946 and titles within the United States Code, to reflect the repeal of Section 230.

The proposed changes seek to redefine the responsibilities and liabilities of online platforms regarding the content they host.

The effective date of the amendments would be the date of enactment of the Act.

Expected Effects

Repealing Section 230 would likely lead to significant changes in how online platforms moderate content. Platforms might become more cautious about hosting user-generated content to avoid potential lawsuits.

This could result in increased censorship or a shift in business models for online services. The amendments to other acts aim to align legal definitions and references with the new framework.

Potential Benefits

  • Could potentially reduce the spread of harmful or illegal content online.
  • May incentivize platforms to more actively monitor and moderate user-generated content.
  • Could provide legal recourse for individuals harmed by online content.
  • May lead to greater accountability for online platforms.
  • Could foster a more responsible online environment.

Potential Disadvantages

  • Could stifle free speech and lead to over-censorship by online platforms.
  • May disproportionately affect smaller platforms that lack the resources for extensive content moderation.
  • Could increase the risk of frivolous lawsuits against online platforms.
  • May lead to a chilling effect on online innovation and expression.
  • Could concentrate power in the hands of large, well-resourced platforms.

Constitutional Alignment

The bill's alignment with the US Constitution is complex, particularly concerning the First Amendment. Repealing Section 230 could potentially infringe upon freedom of speech by incentivizing platforms to censor content to avoid liability.

However, proponents might argue that it promotes responsible online behavior and protects individuals from harm, aligning with the government's responsibility to ensure domestic tranquility and promote the general welfare, as stated in the Preamble.

The balance between these interests is a key constitutional consideration.

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).