Preventing Online Censorship

Jun 2, 2020
Jun 2, 2020

Summary

Aims to stop online platforms from unfairly removing content or silencing users by changing the legal protections they currently have.

What problem does this solve?

Large online companies control what people can say and see online, which can limit free speech. This order directs the government to review and change the rules that protect these companies, making them more responsible for how they remove content.

What does this order do?

Requests new rules to clarify Section 230 liability shield
Directs the Commerce Department to ask the Federal Communications Commission (FCC) to create regulations that clarify when an online platform's actions to remove content are not done in 'good faith,' which could cause them to lose legal protections.
Reviews federal advertising money spent on online platforms
Requires all federal agencies to review how much money they spend on advertising with online platforms and report their findings. The Department of Justice will then review if these platforms are suitable for government messages.
Directs the FTC to investigate unfair or deceptive practices
Asks the Federal Trade Commission (FTC) to investigate complaints that online platforms are censoring users in ways that are not consistent with their own terms of service.
Creates a working group for state-level enforcement
Requires the Attorney General to create a group to help states enforce their own laws against unfair practices by online platforms and to create sample laws for states to use.
Forwards public complaints to federal agencies
States that the White House will send over 16,000 complaints from its Tech Bias Reporting tool to the Department of Justice and the Federal Trade Commission for review.

Who does this affect?

  • Online platforms and social media companies
  • Social media users
  • Federal government agencies

What is the real world impact?

Protects free speech on the internet
Ensures that large online platforms, which act like modern public squares, cannot silence viewpoints they disagree with. This promotes open debate, which is essential for a democracy.
Holds big tech accountable
Removes special legal protections for platforms that act like publishers by censoring content, making them legally responsible for their decisions, just like a newspaper or TV station would be.
Pressures tech companies over perceived political bias
Uses the power of the federal government to challenge the content moderation policies of social media companies. Critics argue this could be a way to force platforms to leave up content that aligns with a specific political viewpoint, even if it violates their terms of service.

When does this start?

This order takes effect immediately and sets several deadlines for government agencies to take action.
Petition for new FCC rules
Within 60 days of May 28, 2020, the Secretary of Commerce must ask the FCC to propose new regulations clarifying Section 230.
Agency advertising spending report
Within 30 days of May 28, 2020, the head of each federal agency must report their advertising spending on online platforms.