This bill proposes significant amendments to Section 230 of the Communications Act of 1934, primarily targeting governmental interference in content moderation decisions made by interactive computer service providers. Its core aim is to establish conditions under which these providers would lose their immunity from liability if their content moderation practices are influenced by government communications. Specifically, a provider would forfeit Section 230 protections if it restricts access to or visibility of material that "reasonably appears to express, promote, limit the visibility of, or suppress legitimate political speech ," and this action results from a communication sent exclusively by a governmental entity or its agent. This provision seeks to prevent government-induced censorship of political discourse online. However, the bill includes important exceptions, stipulating that the loss of immunity does not apply if the governmental communication serves a "legitimate law enforcement purpose" or a "national security purpose." The legislation also introduces a new affirmative defense, placing the burden of proof on providers or users to demonstrate they are not an information content provider when facing certain legal actions.
Read twice and referred to the Committee on Commerce, Science, and Transportation.
Science, Technology, Communications
COLLUDE Act
USA119th CongressS-69| Senate
| Updated: 1/9/2025
This bill proposes significant amendments to Section 230 of the Communications Act of 1934, primarily targeting governmental interference in content moderation decisions made by interactive computer service providers. Its core aim is to establish conditions under which these providers would lose their immunity from liability if their content moderation practices are influenced by government communications. Specifically, a provider would forfeit Section 230 protections if it restricts access to or visibility of material that "reasonably appears to express, promote, limit the visibility of, or suppress legitimate political speech ," and this action results from a communication sent exclusively by a governmental entity or its agent. This provision seeks to prevent government-induced censorship of political discourse online. However, the bill includes important exceptions, stipulating that the loss of immunity does not apply if the governmental communication serves a "legitimate law enforcement purpose" or a "national security purpose." The legislation also introduces a new affirmative defense, placing the burden of proof on providers or users to demonstrate they are not an information content provider when facing certain legal actions.