Sen. Klobuchar Introduces First Major Section 230 Carve-Out Since FOSTA-SESTA

Sen. Klobuchar Introduces First Major Section 230 Carve-Out Since FOSTA-SESTA

WASHINGTON — A new Section 230-eroding bill, the “Health Misinformation Act” (HMA), was introduced yesterday by Sen. Amy Klobuchar (D-Minn.) to create liability for platforms which allow third-party content that is deemed to spread “misinformation” about an “existing public health emergency.”

Klobuchar’s HMA, co-sponsored by Sen. Ray Luján (D-NM), would “create an exception to the landmark internet law Section 230, which has always shielded tech companies like Facebook, Google and Twitter from being sued over almost any of the content people post on their platforms,” Recode — the tech vertical for news site Vox — reported.

“Klobuchar’s bill would change that,” Recode continued, “but only when a social media platform’s algorithm promotes health misinformation related to an ‘existing public health emergency.’ The legislation tasks the Secretary of Health and Human Services (HHS) to define health misinformation in these scenarios.”

This specific Section 230 carve-out would be the first major exception to Section 230 immunity since the 2018 passage of FOSTA-SESTA, which created liability around supposed instances of “human trafficking.”

However, in the HMA case, “the law wouldn’t apply in cases where a platform shows people posts using a ‘neutral mechanism,’ like a social media feed that ranks posts chronologically, rather than algorithmically,” Vox reports.

Last week, President Joe Biden made some confusing statements stating that Facebook was “killing people” by allowing “misinformation” about the COVID-19 pandemic, inciting legislators to activate projects to reform or repeal Section 230.

As XBIZ reported, several free speech and First Amendment organizations criticized Biden for those statements, with the ACLU tweeting, “No matter which party is in power, the government cannot be trusted to label ‘truth’ or ‘fiction’ any more than Facebook or Twitter can.”

Main Image: Sen. Amy Klobuchar (D-Minn.)

Copyright © 2026 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

SWR Data Publishes 'Clip Trend' Report

Adult industry market research outfit SWR Data has published a report on the performance of clip platforms and sales.

Another German Court Rejects Blocking Orders Against Pornhub, YouPorn

A German court has blocked the Rhineland-Palatinate Media Authority (MA RLP) from forcing telecom providers based within the court’s jurisdiction to cut off access to Aylo-owned adult sites Pornhub and YouPorn.

Ofcom Fines Kick Online Entertainment $1 Million for AV Noncompliance

U.K. media regulator Ofcom on Thursday fined Kick Online Entertainment 800,000 pounds (more than $1 million) for failing to implement age checks as required for compliance with the Online Safety Act.

FSC Details Legislative Outlook for 2026

The Free Speech Coalition (FSC) has laid out the legislative outlook for the industry in 2026.

AEBN Publishes Popular Searches by Country for December, January

AEBN has released the list of popular searches from its straight and gay theaters, by country, for December and January.

Jim Austin Joins CrakRevenue Team

Strategist Jim Austin has been hired by CrakRevenue.

Judge Dismisses NCOSE-Backed Suits Against Adult Sites Over Kansas AV Law

A federal judge on Tuesday dismissed lawsuits brought against two adult websites in Kansas for alleged violations of the state’s age verification law.

Aylo/SWOP Panel Spotlights Creators' Struggle for Digital, Financial Rights

Aylo and Sex Workers Outreach Project (SWOP) Behind Bars presented, on Tuesday, an online panel on creators’ rights, debanking and deplatforming.

AV Bulletin: Canada, Italy, Australia Updates

Since the Supreme Court’s decision in Free Speech Coalition v. Paxton, more state age verification laws have been enacted around the United States, as well as proposed at the federal level and in other countries. This roundup provides an update on the latest news and developments on the age verification front as it impacts the adult industry.

Holly Randall Soft Launches 'Wet Ink' Magazine

Holly Randall has officially soft-launched the creator-focused publication Wet Ink Magazine.

Show More