Online Freedom and Viewpoint Diversity Act

Online Freedom and Viewpoint Diversity Act

This bill limits the immunity of a provider or user of an interactive computer service (i.e., social media platform) for screening and blocking offensive material on the service's platform, revises the applicability of civil liability for this moderation of offensive material, and changes a definition that governs applicability of the immunity.

Under current law, this immunity protects a provider or user of a social media platform from being treated as the publisher or speaker of information provided by another information content provider.

The bill removes this immunity from a decision, agreement, or action by a provider or user of a social media platform to restrict access to or availability of material provided by another information content provider. To avoid liability for this conduct, in addition to acting in good faith, the bill requires that the actor must have an objectively reasonable belief that the material is obscene, lewd, lascivious, filthy, excessively violent, harassing, promoting self-harm, promoting terrorism, or unlawful. Currently, a good faith actor must only consider such material to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable.

Further, the bill redefines information content provider to encompass any person who editorializes or affirmatively and substantively modifies the content of another person or entity.