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 © 2025 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

Nerdgasm: A Look at the Naughty Side of Pop Culture Geekdom

From “Call of Duty” to cosplay, from tabletop dice rolls to dungeon-inspired dirty talk, the worlds of geek fandom and fantasy are no longer confined to the basement. They’ve kicked down the door, shed the “Firefly” tee and gone full frontal.

Kyrgyzstan Parliament Moves to Outlaw Internet Pornography

A parliamentary committee of the Supreme Council of Kyrgyzstan on Tuesday approved a measure to outlaw online adult content in the country.

Sweden Bans Purchase of 'Remote' Sexual Services

The Riksdag, Sweden’s parliament, has approved a proposal to criminalize purchasing sexual services performed remotely by streamers and custom content creators.

Asa Akira to Deliver XBIZ Talk at Miami Conference

XBIZ is pleased to announce that decorated performer, Pornhub brand ambassador, and author Asa Akira is set to deliver an exclusive talk at XBIZ Miami.

JustFor.fans Launches 'Fentanyl Test Strip' Initiative

JustFor.fans (JFF) has launched a test strip initiative to combat the nationwide fentanyl crisis.

2025 XBIZ Miami Speaker Lineup Announced

XBIZ is pleased to announce the release of the full speaker lineup for XBIZ Miami, the latest edition of the adult industry’s premier summer conference, set to take place May 19-22 at the Nautilus Sonesta Miami Beach hotel in South Beach.

AV Bulletin: Arizona's About-Face, What New Laws Mean for Adult

Industry stakeholders and free speech advocates have anxiously been awaiting the Supreme Court’s decision in Free Speech Coalition v. Paxton, which could significantly impact state age verification laws around the United States. In the meantime, state legislatures continue to weigh and pass AV bills, the U.K. and the EU are moving ahead with their own AV mandates and strategies, and legal challenges continue to play out in U.S. courts — with some cases on hold pending the SCOTUS ruling in Paxton.

Million Billion Media Launches New Website

Management and PR agency Million Billion Media (MBM) has launched a new website.

'Neon Nightswim' Party Returns to XBIZ Miami

XBIZ is pleased to announce that the annual Neon Nightswim Pool Party will once again illuminate XBIZ Miami on Tuesday, May 20.

FSC Addresses UK Age Verification Guidelines

The Free Speech Coalition (FSC) has published an article offering guidance on the U.K.'s Online Safety Act and the various guidelines put forward by the country's telecommunications regulator Ofcom.The article follows:

Show More