The Sunset Section 230 Act would repeal Section 230 two years after the date of enactment so that those harmed online can bring legal action against companies
WASHINGTON – U.S. Senate Democratic Whip Dick Durbin (D-IL), Ranking Member of the Senate Judiciary Committee, and U.S. Senator Lindsey Graham (R-SC) today introduced the Sunset Section 230 Act, which would repeal Section 230 two years after the date of enactment so that those harmed online can bring legal action against companies and finally hold them accountable for the harms that occur on their platforms.
“Children are being exploited and abused because Big Tech consistently prioritizes profits over people. Enough is enough. Sunsetting Section 230 will force Big Tech to come to the table to take ownership over the harms it has wrought. And if Big Tech doesn’t, this bill will open the courtroom to victims of its platforms. Parents have been begging Congress to step in, and it’s time we do so. I’m proud to partner with Senator Graham on this effort, and we will push for it to become law,” said Durbin.
“I am extremely pleased that there is such wide and deep bipartisan support for repealing Section 230, which protects social media companies from being sued by the people whose lives they destroy. Giant social media platforms are unregulated, immune from lawsuits and are making billions of dollars in advertising revenue off some of the most unsavory content and criminal activity imaginable. It is past time to allow those who have been harmed by these behemoths to have their day in court,” said Graham.
In addition to Durbin and Graham, the bill is sponsored by Senators Chuck Grassley (R-IA), Sheldon Whitehouse (D-RI), Josh Hawley (R-MO), Amy Klobuchar (D-MN), Marsha Blackburn (R-TN), Richard Blumenthal (D-CT), Ashley Moody (R-FL), and Peter Welch (D-VT).
“For nearly 30 years, Section 230 has provided Big Tech cover as they turn a blind eye to heinous crimes committed on their platforms. As Chairman of the Judiciary Committee, I’m glad to join my bipartisan colleagues in this effort to update our nation’s laws, reign in Section 230 and hold Big Tech accountable,” said Grassley.
“When Section 230 was enacted 30 years ago it was intended to give small tech companies space to innovate. But today many of these companies are now worth billions and even trillions of dollars yet the law still shields them from accountability from harms that occur on their platforms including child exploitation and illegal fentanyl sales. Parents and victims should be able to hold these companies accountable by suing for damages, the same way they can sue if injured by nearly any other product,” said Klobuchar.
“For too long, Big Tech giants have hidden behind the outdated shield of Section 230 to censor conservative voices and silence viewpoints they don't agree with. We must repeal Section 230 to finally hold Big Tech accountable and restore true freedom of speech and fairness online for the American people,” said Blackburn.
“Big Tech hides behind Section 230 to dodge accountability while their platforms exploit children and inflict harm on the American people. Mark Zuckerberg and others have spent a decade claiming to support Section 230 reforms in public, while their lobbyists and lawyers fight tooth-and-nail behind the scenes. Our bipartisan measure would force Big Tech to the table with a bold demand: either negotiate sensible reforms now or lose your absolute immunity forever,” said Blumenthal.
“As a former prosecutor and the mother of a school aged child I know firsthand the dangers our children face online. We are the first generation of parents having to deal with predators getting to our children under our own roofs through their devices. The old rules — stranger danger, don’t get in the van — aren’t enough to protect them anymore. That is why I am throwing my full support behind the Sunset Section 230 Act, and I urge my colleagues to get off the sidelines and finally do something to protect our kids,” said Moody.
“The internet has dramatically transformed since the Communications Decency Act was passed in 1996. Nearly 30 years later, Section 230 has been used by America’s biggest tech giants not as a tool but as a shield, providing immunity from legal consequences when their platforms harm consumers. Our bipartisan bill to sunset Section 230 is an important step forward in a bipartisan effort to hold Big Tech accountable. It will protect children and other vulnerable communities from harm, misinformation, and exploitation,” said Welch.
Section 230 was created in 1996, as a part of the Communications Decency Act, to allow then-fledgling social media companies to grow without fear of lawsuits. Those days have long since passed, as these companies are now some of the most powerful in the history of the world.
In the digital era, thousands of Americans, many of whom are children, have been targeted by online perpetrators who engage in harassment, bullying, the dissemination of child sexual abuse material (CSAM), and sextortion—a type of online blackmail using nude or sexually explicit images. In certain cases, victims of these crimes are driven to suicide within mere minutes or hours after being abused online, long before their loved ones ever knew they were victimized. Surviving victims and their families are unable to sue the social media companies that criminals use to commit these heinous acts due to protections under Section 230.
This bill is endorsed by Less Than 3, Enough Is Enough, Zero Abuse Project, National Center on Sexual Exploitation (NCOSE), Institute for Family Studies, American Principles Project, Bull Moose Project, Protect Young Eyes, Concerned Women for America Action, Fairplay for Kids, ParentsSOS, David’s Legacy Foundation, Digital Progress Institute, Rights4Girls, and Digital Childhood Alliance.
Full text of the bill is available here.
Durbin has used his role on the Senate Judiciary Committee to prioritize child safety online through hearings, legislation, and oversight efforts. On January 31, 2024, while Durbin was serving as Chair, the Committee held a hearing featuring testimony from the CEOs of social media companies Discord, Meta, Snap, TikTok, and X (formerly known as Twitter). This hearing highlighted the ongoing risk to children and the immediate need for Congress to act on the bipartisan bills reported by the Committee.
Durbin and U.S. Senator Josh Hawley (R-MO) also joined forces to re-introduce the bipartisan STOP CSAM Act, which would combat online child sexual abuse material. The bill passed the Judiciary Committee unanimously and awaits action on the Senate floor.
In addition, Durbin’s bipartisan Disrupt Explicit Forged Images and Non-Consensual Edits Act of 2024 (DEFIANCE Act) passed the Senate in July 2024—and was reintroduced in the Senate this year. The legislation would hold accountable those responsible for the proliferation of nonconsensual, sexually-explicit “deepfake” images and videos. The volume of “deepfake” content available online is increasing exponentially as the technology used to create it has become more accessible to the public. The overwhelming majority of this material is sexually explicit and produced without the consent of the person depicted.
Earlier this year, the Judiciary Committee held a hearing entitled “Children’s Safety in the Digital Era: Strengthening Protections and Addressing Legal Gaps.” Durbin’s opening statement from that hearing is available here, and his questions for the witnesses are available here.
Earlier this month, Durbin and Grassley introduced a bipartisan legislative package to address CSAM.
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