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

Strike 3 Rejects Meta 'Personal Use' Defense in AI Suit

Vixen Media Group owner Strike 3 Holdings this week responded to Facebook parent company Meta’s motion to dismiss Strike 3’s suit accusing Meta of pirating VMG content to train its artificial intelligence models.

Pornhub, Stripchat: VLOP Designation Based on Flawed Data

In separate cases, attorneys for Pornhub and Stripchat this week told the EU’s General Court that the European Commission relied on unreliable data when it classified the sites as “very large online platforms” (VLOPs) under the EU’s Digital Services Act, news organization MLex reports.

New Age Verification Service 'AgeWallet' Launches

Tech company Brady Mills Agency has officially launched its subscription-based age verification solution, AgeWallet.

AEBN Publishes Popular Searches for September, October

AEBN has published the top search terms for the months of September and October from its straight and gay theaters in all 50 states and the District of Columbia.

Creator, Influencer YesKingzTV Passes Away at 47

Adult content creator and social media personality YesKingzTV, aka Micheal Willis Heard, has passed away at the age of 47.

Pre-Nominations Now Open for 2026 TEAs

The pre-nomination period for the 2026 Trans Erotica Awards (TEAs) is now open.

FSC Releases Updated Age Verification Toolkit

The Free Speech Coalition (FSC) has announced the release of its updated age verification toolkit.

Duke Tax Joins Pineapple Support as Supporter-Level Sponsor

Duke Tax has joined the ranks of over 70 adult businesses and organizations committing funds and resources to Pineapple Support.

UK Moving Ahead with Plan to Outlaw 'Choking' Content

The U.K. government has announced its intent to follow through on criminalizing “choking” content, a plan that was announced earlier this year.

Italy to Require Age Verification for Adult Sites

Italian media regulator AGCOM has announced that all sites and platforms hosting adult content will be required to implement age verification systems to prevent access by users under 18.

Show More