Senators Propose Algorithm Accountability Act to Reform Section 230

Legislation is taking shape as Senators John Curtis (R-UT) and Mark Kelly (D-AZ) introduce the Algorithm Accountability Act, aiming to amend Section 230 of the Communications Decency Act. This proposal seeks to hold major social media companies like YouTube, Facebook, and Instagram accountable for algorithms that potentially radicalize users and contribute to harmful outcomes.

The initiative responds to growing concerns regarding the impact of social media algorithms which, critics argue, amplify dangerous content, often prioritizing profit over user safety. In a joint statement, Senator Kelly highlighted the consequences faced by many families, asserting that “too many families have been harmed by social media algorithms designed with a single goal: to make money by hooking people.”

Amendments to Section 230

The proposed legislation seeks to impose a “duty of care” on social media platforms. This change would require companies to refrain from using algorithms that promote harmful or dangerous content. If a court establishes that an algorithm has contributed to radicalizing a user, resulting in harm or fatality, the companies could face liability if such outcomes are deemed foreseeable.

Additionally, the bill proposes to invalidate pre-dispute arbitration agreements and waivers of joint actions that are often embedded in the terms of service for social media platforms. Senator Curtis emphasized that “what started as a common-sense protection for a fledgling industry has become a shield of immunity for some of the most powerful companies on the planet.”

Previous Attempts at Reform

Efforts to amend Section 230 have emerged from both sides of the political aisle, with previous administrations attempting to address the issue without significant success. The Biden administration and the first Trump administration both sought to revise or eliminate the law, initially considering a complete repeal.

Since 2020, the SAFE TECH Act has been introduced multiple times, alongside the Algorithm Accountability Act, all with the aim of reducing the protections afforded to large social media companies. In 2021, the Protecting Americans from Dangerous Algorithms Act was also presented, yet it failed to advance in the Senate.

Despite ongoing legislative efforts, significant reform has proven elusive, allowing social media companies to retain their protective shield under Section 230. The proposed Algorithm Accountability Act marks a renewed commitment from lawmakers to address the challenges posed by social media algorithms and their broader impact on society.

As discussions continue, the outcome of this legislation could reshape the landscape of social media accountability in the United States, potentially influencing the way social media platforms operate globally.