S 840 — Digital Integrity in Democracy Act

Summary

Digital Integrity in Democracy ActThis bill requires large social media platforms to promptly remove from their sites false information about election logistics and voter eligibility.Specifically, platforms notified of potential false election information must investigate the veracity of the flagged information and, if it is false, remove it. Covered information includes false information about the time and place of, or voter eligibility for, an election. Platforms must generally remove false information within 48 hours of receipt of notification of its existence. If notification is received on the day of an election, including during an early or absentee voting period, the information must be removed within 24 hours. The Department of Justice may bring a civil suit against a social media platform that violates the timely removal requirement. States may bring suit against a platform if the false information at issue related to an election in the state, and candidates may bring suit against a platform if the candidate was aggrieved by the false information. Such suits may seek money damages and injunctive relief. The bill also specifies that Section 230 protection does not apply to false election information that is knowingly hosted on a social media platform. (Section 230 generally precludes providers and users of an interactive computer service (e.g., a social media platform) from being held legally responsible under federal law for content provided by a third party.) However, platforms that comply with the timely removal requirements with respect to false election information retain Section 230 protection.

Bill Text

• Introduced Introduced in Senate Current html March 04, 2025

Compared against current U.S. Code AI-generated reading aid — verify against the official bill.

The bill amends Section 230 of the Communications Act to create an exception to immunity for social media platforms that host false election administration information.

• 47 U.S.C. 230(c)(1)

  No provider → (A) In general.--Except as provided in subparagraph (B), no provider

  Adds a general rule to provide an exception regarding the liability of social media platforms.

• 47 U.S.C. 230(c)(1)

  (B) Exception.--Subparagraph (A) shall not apply with respect to false election administration information that the operator of a social media platform intentionally or knowingly hosts on the social media platform.

  Creates an exception to immunity for platforms hosting false election administration information.

• 47 U.S.C. 230(f)

  (5) Covered election.--The term `covered election' has the meaning given the term `election' under section 301(1) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30101(1)).

  Defines 'covered election' in relation to federal election law.

• 47 U.S.C. 230(f)

  (6) False election administration information.--(A) In general.--The term `false election administration information', with respect to a social media platform, means objectively incorrect information that--

  Introduces a definition for 'false election administration information' applicable to social media platforms.

• 47 U.S.C. 230(f)

  (7) Social media platform.--The term `social media platform' means a social media platform, as defined in section 124(a)(2) of the Trafficking Victims Prevention and Protection Reauthorization Act of 2022 (42 U.S.C. 1862w(a)(2)), that had not fewer than 25,000,000 unique monthly users in the United States...

  Defines 'social media platform' and establishes user thresholds for applicability.

Action History

1. March 04, 2025

   Introduced in Senate

2. March 04, 2025

   Read twice and referred to the Committee on Commerce, Science, and Transportation.

Sponsors

• Peter Welch · Primary
• Mazie K. Hirono · Cosponsor
• Amy Klobuchar · Cosponsor
• Jeff Merkley · Cosponsor
• Ben Ray Luján · Cosponsor

Subjects