S. 840 — Digital Integrity in Democracy Act

This section establishes an exception to the immunity from civil liability under Section 230(c)(1) of the Communications Act of 1934 for operators of social media platforms that intentionally or knowingly host false election administration information. It defines such information as objectively incorrect, publicly accessible content relating to the time, place, or manner of a covered election (i.e., as defined in the Federal Election Campaign Act of 1971) or to voter eligibility qualifications, restrictions, penalties, or registration status (excluding political speech for or against candidates, federal officeholders, or political parties). It further defines social media platform as an interactive computer service meeting the criteria in 42 U.S.C. 1862w(a)(2) (from the National Science Foundation human trafficking research program) that has at least 25 million unique monthly users in the United States for a majority of the prior 12 months.

This section establishes a removal process for false election administration information (as defined in amended Section 230 of the Communications Act of 1934) hosted on social media platforms (as defined therein) during covered elections. It requires platform operators, upon receiving a complete written notification identifying such information, to determine if it is objectively incorrect and— if so— remove it within 48 hours (24 hours on an election day, defined to include early voting and absentee ballot periods) and provide a written response to the complainant within 12 hours of removal. It authorizes civil enforcement actions in federal court by the Attorney General, by a state attorney general or secretary of state (for state elections), or by aggrieved federal candidates (after state notice)— each seeking $50,000 in damages per unresected item and injunctive relief. It provides a safe harbor from the immunity exception in Section 230(c)(1)(B) (as added by Section 2 of this Act)— preserving platform immunity— if operators remove notified false election administration information per the required timelines or proactively remove other such information within the same 48- or 24-hour periods.

This section provides that the Act and its amendments apply to any false election administration information alleged to be hosted on a social media platform on or after the date of enactment.