Plain Language Summary
# COLLUDE Act Summary **What It Would Do** The COLLUDE Act would modify Section 230, a federal law that currently protects social media companies and other online platforms from being sued over content posted by their users. Under this bill, platforms would lose that protection if they remove or restrict political speech because a government agency asked them to—unless the government can prove the request was for legitimate law enforcement or national security reasons. The bill would also change how Section 230 works legally: instead of allowing cases to be dismissed early, it would require platforms to prove the protection applies during the lawsuit rather than before it starts. **Who It Affects** This bill primarily impacts social media companies, online platforms, and government agencies.
It could also affect users and the general public by potentially changing how platforms moderate political content and how legal disputes over content are handled. **Current Status** The bill was introduced by Senator Eric Schmitt (R-MO) in the 119th Congress and is currently in committee, meaning it has not yet been debated or voted on by the full Senate. No action has been taken beyond the initial filing.
CRS Official Summary
Curtailing Online Limitations that Lead Unconstitutionally to Democracy's Erosion Act or the COLLUDE Act This bill limits federal liability protection, sometimes referred to as Section 230 protection, that generally precludes providers and users of an interactive computer service (e.g., a social media company) from being held legally responsible for content provided by a third party. Specifically, the bill removes the protection if a provider restricts access to or availability of content containing political speech because of a governmental request unless the request serves a legitimate law enforcement or national security purpose. In addition, the bill changes legal procedures for applying the protection. Currently, the protection serves as broad immunity that typically allows the early dismissal of lawsuits, thereby preempting lawsuits and statutes that impose liability for third-party content. This bill makes the protection an affirmative defense, which means the provider or user must prove that the protection applies before the lawsuit may be dismissed.
Latest Action
Read twice and referred to the Committee on Commerce, Science, and Transportation.