SAFE Platforms Act

In this Act:

(1) Advertiser. The term advertiser means any person or entity that pays a covered platform to display, promote, or otherwise disseminate content that promotes a product or service in interstate commerce to users of the platform.

(2) Commission. The term Commission means the Federal Trade Commission.

(3) Covered platform. The term covered platform means a provider of an interactive computer service that—

(A) makes available information provided by an information content provider;

(B) enables users to view or interact with such information; and

(C) has at least 100,000 monthly active users or generates annual gross revenue in excess of $25,000,000, adjusted annually to reflect adjustments in the Consumer Price Index.

(4) Fraud. The term fraud means any representation, omission, or practice in or affecting commerce that—

(A) is likely to mislead a consumer acting reasonably under the circumstances; and

(B) is material to consumer decision-making.

(5) Fraudulent content. The term fraudulent content means content that constitutes fraud.

(6) Has reason to know. The term has reason to know means circumstances that would make the fraudulent nature of content apparent to a reasonable operator of a covered platform.

(7) Interactive computer service. The term interactive computer service has the meaning given such term in section 230(f) of the Communications Act of 1934 (47 U.S.C. 230(f)).

(8) Internet service provider. The term internet service provider means a person—

(A) qualified to do business; and

(B) that provides individuals and entities with the ability to connect to the internet.

(9) Information content provider. The term information content provider has the meaning given that term in section 230(f) of the Communications Act of 1934 (47 U.S.C. 230(f)).

(10) Materially contribute. The term materially contribute means conduct that goes beyond providing neutral tools for the development or dissemination of fraudulent content, including the following:

(A) Encouraging or inducing a third party to develop or disseminate fraudulent content.

(B) Targeting, recommending, promoting, curating, or prioritizing fraudulent content directed at consumers that the covered platform knows or has reason to know is fraudulent.

(C) Other conduct that the Commission determines to be a material contribution through regulations promulgated pursuant to the rulemaking authority conferred under section 3 of this Act.

(11) Mutual connection. The term mutual connection—

(A) means a relationship in which two users on a covered platform are each directly connected to the same third-party user through a formal connection mechanism such as a friend or follow; and

(B) does not include shared participation between two users in the same group, forum, or public page.

(12) Operator of a covered platform. The term operator of a covered platform means a person who operates a covered platform as defined in this Act.

(13) Reasonable steps. The term reasonable steps means proactive and reactive measures that can reasonably be expected from a covered platform considering the size, resources, and user base of the platform, and the nature of the fraudulent content at issue and includes the following:

(A) Implementing and enforcing clear policies against fraudulent content.

(B) Maintaining an accessible and responsive mechanism for users to report suspected fraudulent content.

(C) Reviewing reported content in a timely manner.

(D) Removing or limiting the distribution of content determined to be fraudulent.

(E) Warning potentially affected users when fraudulent content has been identified.

(F) Implementing reasonable measures to prevent repeated or similar fraudulent content.

(14) Unconnected user. The term unconnected user means a user who—

(A) is not verified by the covered platform; and

(B) does not share a mutual connection with the user whose content or account is at issue.