S. 840: Digital Integrity in Democracy Act

Digital Integrity in Democracy Act

This 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.