The Digital Integrity in Democracy Act aims to combat the spread of misinformation about election administration on social media platforms by removing Section 230 immunity and establishing a removal process for false information.
Peter Welch
Senator
VT
The Digital Integrity in Democracy Act aims to combat the spread of misinformation regarding election administration on social media platforms. It amends Section 230 of the Communications Act of 1934, removing immunity for platforms that knowingly host false information about the time, place, or manner of holding an election, or about voter qualifications. The Act mandates a process for removing such false information within specified timeframes, with penalties for non-compliance, and allows Attorneys General, Secretaries of State, and candidates to sue platforms that fail to remove the false information. A safe harbor is provided for platforms that remove false information in a timely manner.
Bill Targets Election Misinformation: Social Media Giants Could Lose Liability Shield, Face $50k Fines for False Voting Details
This proposed legislation, the "Digital Integrity in Democracy Act," takes aim at a specific type of online falsehood: incorrect information about how elections are run. It does this by carving out a new exception to Section 230 of the Communications Act – the rule that generally shields online platforms from liability for content posted by users. Under this bill, large social media platforms could be held responsible if they knowingly host objectively false details about the logistics of voting.
Defining the Line: What's 'False Election Admin Info'?
The bill focuses narrowly on what it calls "false election administration information." Think concrete, verifiable facts: the wrong polling place address, incorrect voting hours, inaccurate details about voter ID requirements, or false statements about eligibility or penalties related to voting (Sec. 2). Importantly, this definition excludes broader political speech, like arguments for or against candidates, parties, or election outcomes. The rules apply specifically to "social media platforms" defined as services with at least 25 million unique monthly U.S. users, targeting the major players in the digital space.
The Removal Clock: 24 to 48 Hours to Act
If a platform receives a formal notification about potential false election administration information, the clock starts ticking (Sec. 3). They need to determine if the flagged content is indeed "objectively incorrect." If it is, they must remove it within 48 hours on a regular day, or tighten that to just 24 hours if the notification comes on an election day. Failure to comply isn't cheap. The U.S. Attorney General, state attorneys general, secretaries of state, or even federal candidates (after notifying the relevant state election official) can sue non-compliant platforms. The penalty? A potential $50,000 fine for each piece of false information not removed, plus court orders forcing removal.
Safe Harbor and Potential Headaches
To encourage quick action, the bill includes a "safe harbor" provision (Sec. 3). If a platform removes flagged false election information within the tight deadlines (24/48 hours), whether alerted by a notification or finding it themselves, they're protected from liability related to that removal. While the goal is cleaner information streams around voting logistics, the practicalities raise questions. Platforms face pressure to make rapid judgments about the "objective incorrectness" of content under threat of significant fines. This could lead to platforms potentially over-removing content that discusses election administration nuances or even points out legitimate issues, simply to avoid risk. The narrow focus on purely administrative facts also means more subtle forms of election-related manipulation might not be covered. This Act would apply to information posted starting from the date it's enacted (Sec. 4).