A bill introduced in July would change how platforms are treated when they promote health misinformation. Can you get sued for sharing it?
Democratic Senators Amy Klobuchar and Ben Ray Luján say social media platforms have failed to control the spread of health misinformation, and they recently introduced a bill under which these platforms would lose their immunity from lawsuits under Section 230 of the Communications Decency Act when their algorithms promote health misinformation during a declared public health emergency. The bill would leave it to the Department of Health and Human Services (HHS) to define health misinformation.
Where Do Social Media Platforms Stand?
The senators’ proposal does not make it illegal for social media platforms or other tech companies to distribute health misinformation. Instead, it would remove a defense: platforms that promote such content could no longer rely on Section 230 of the Communications Decency Act, which has generally given them immunity from lawsuits over content posted by users. A lawsuit would still have to be based on some other law that makes the content actionable.
Currently, no law broadly bans the distribution of health misinformation. Even if the bill passes, spreading medical misinformation will generally remain legal, which helps explain why no such lawsuit has been brought against media companies such as Fox News over vaccine coverage.
Critics have accused Fox News of undermining vaccination efforts by airing segments skeptical of the vaccine. An opinion piece published by CNN argued that the coverage hurt the Biden administration’s vaccination campaign and was politically motivated.
What Does This Mean for You?
In late July, President Joe Biden aired his discontent with social media, saying that platforms were “killing people.” He later clarified that he meant something had to be done about the misinformation that was going around about the vaccine.
Facebook responded in a blog post saying that 85% of its U.S. users had been or wanted to be vaccinated against COVID-19. According to the company, this was an increase of about 15 percentage points from the beginning of 2021.
In mid-July, U.S. Surgeon General Vivek Murthy, MD, published an advisory recommending that online platforms do more to address and monitor misinformation. He also said that platforms should give researchers access to data and amplify information from trusted sources. He stressed that misinformation can be detrimental to people and can lower vaccination rates.
According to the Kaiser Family Foundation, more than half of U.S. adults either believe or are unsure about at least one common piece of COVID-19 vaccine misinformation. The same article reports that most people who refuse the vaccine are more worried about its side effects than about getting COVID-19.
At the time of writing, just over 57.5% of the U.S. population had been fully vaccinated, significantly higher than the global rate of 36.7%.
Because so many people turn to social media for information, the platforms face pressure to limit misinformation. For now, though, ordinary users generally cannot be sued simply for sharing medical misinformation.
Final Take
When you use social media sites like Facebook and Twitter, be a critical consumer of medical information, especially on public health issues like COVID-19. Make sure to seek information from trusted sources that provide opinions from health experts. Read or listen to news from reputable sources. When you are unsure about information, check it against a few credible sources, and avoid sharing it if you are in doubt.
