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Social media liability for hosting child sexual abuse material (CSAM).

This Act imposes civil liability on large social media platforms for knowingly or recklessly hosting or distributing Child Sexual Abuse Material (CSAM). It establishes a mechanism where any citizen can report such content, and the company has 10 days to remove it, or face a civil penalty. Citizens gain the right to initiate legal action on behalf of the government if the company fails to act, significantly enhancing online safety and providing tools to combat this crime.
Key points
New Liability: Social media companies (excluding P2P messaging services) face civil liability for hosting or distributing Child Sexual Abuse Material (CSAM).
Notice and Takedown Obligation: Companies must provide an accessible process for individuals to report illegal content. They must remove the content within 10 days of receiving notice to maintain liability protection.
Citizen Lawsuits (Qui Tam): Individuals who report content that is not removed within 10 days can bring a lawsuit on behalf of the U.S. Government to recover a civil penalty (between $100,000 and $500,000).
Legal Protection Removal: The Act explicitly states that Section 230 of the Communications Act does not limit claims brought under this new civil liability provision.
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Additional Information
Print number: 118_S_823
Sponsor: Sen. Hawley, Josh [R-MO]
Process start date: 2023-03-15