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On Tuesday, Representatives Ralph Norman (R-SC), Tom Rice (R-SC), and David Joyce (R-OH) introduced The Promoting Responsibility Over Moderation In the Social Media Environment (PROMISE) Act, a bill to hold Big Tech companies accountable for their promises to operate without political bias. This is companion legislation to a bill introduced by Senator Mike Lee’s PROMISE Act in the U.S. Senate.  

 

The PROMISE Act would:

 

(1) Require a “covered entity” to implement, operate, and disclose information moderation policies that explain the standards, processes, and policies regarding its moderation of information provided by a user or other information content provider.

 

Such policy must include: (A) categories of information not permitted on its service or subject to moderation by users or the entity itself; (B) the process used in moderating content; and (C) the notification process (if any) utilized to inform users of a moderation action taken, the rationale for the moderation decision, and options for redress (if any).

 

(2) Prohibits a “covered entity” from making a “deceptive policy statement” with respect to its information moderation policy. A “deceptive policy statement” carries with it a rebuttable presumption that a statement is material and likely to cause injury.

 

(3) Make violations of the requirements to implement, operate, or disclose an “information moderation policy” or to not make a “deceptive policy statement” constitute an unfair or deceptive act or practice in violation of Section 5 of the Federal Trade Commission Act (15 U.S.C. 45(a))

 

 

“For too long, Silicon Valley Elites have leveraged the power of Big Tech to not only censor conservatives but smear us. This legislation will bring about transparency for consumers and dilute any deniability social media giants still retain in moderating or removing user content without reason or cause,” said Congressman Norman.

 

“From deleting conservative content to banning conservative ads, we’ve seen time and time again that Big Tech lies to the American people when they claim to operate under the guise of neutrality,” said Congressman Rice. “The PROMISE Act will help keep Big Tech from weaponizing against Americans who hold differing views than the billionaires of Silicon Valley.  This legislation requires Big Tech to explain their content moderation policies and holds them accountable to following those policies.” 

 

“With just a small handful of platforms dominating the exchange of ideas online, it’s critical that their content moderation policies be implemented consistently and fairly across the board,” said Congressman Joyce. “Unfortunately, we now know that Big Tech and Silicon Valley often do the exact opposite, suppressing speech and views they disagree with. The natural competition of all thought and expression – not just those that are popular in elite circles – is a staple of any free, democratic society. That’s why I’m proud to introduce the PROMISE Act. By holding Facebook and other online platforms accountable for their biased censorship decisions, this important legislation will help ensure the internet fosters the free exchange of all ideas, no matter if they are liberal or conservative.”

 

Background

 

In a Pew Research study conducted in August 2020, polls show most Americans, both liberal and conservative, believe that Big Tech is involved in censoring opinions and information the company does not agree with. Additionally, the same research polls show Americans from both parties also agree these companies tend to favor liberal ideologies over conservative views. 

 

More recently, Facebook has been the center of scrutiny within Congress. Although it tried its efforts in a campaign earlier this year to promote “content modification” and increased speech regulation, some believe Facebook and other media tech giants are not doing enough to eliminate speech they simply do not agree with. 

 

The PROMISE Act aims to preserve our First Amendment rights by holding Big Tech accountable and requiring transparency in how information is moderated and shared to ensure political bias is not in question.