Preventing Online Censorship

The order directs the Secretary of Commerce, through the National Telecommunications and Information Administration, to file a petition asking the FCC to propose regulations clarifying when online platforms lose their Section 230 liability immunity by engaging in viewpoint-based content restrictions not taken in "good faith." It also directs every federal agency to audit its advertising spending on online platforms and report findings to OMB within 30 days, directs the DOJ to review speech restrictions by platforms identified in those reports, and instructs the FTC to consider enforcement action against platforms whose content moderation practices are inconsistent with their public representations. The Attorney General is directed to establish a working group on state-level unfair-trade and anti-discrimination statutes and to develop a federal legislative proposal.

The order does not itself amend or repeal Section 230, impose any new legal liability on platforms, or prohibit any specific platform practices. All concrete regulatory changes depend on future FCC rulemaking, FTC enforcement proceedings, or congressional action — none of which the order itself initiates or mandates beyond directing agencies to begin those processes.

Large social media companies and online search platforms — singled out by name are Twitter, Facebook, Instagram, and YouTube — as well as all federal agencies that pay for advertising on digital platforms and the Americans who use social media as a primary forum for public expression.

Social media platforms could face FCC rulemaking that narrows their Section 230 immunity, exposing them to greater legal liability for content moderation decisions. Federal advertising dollars to certain platforms could be restricted. Users who filed bias complaints through the White House tool will see those complaints forwarded to the DOJ and FTC for potential review.

Implementation runs on two parallel tracks. The Commerce/NTIA track requires a formal FCC petition within 60 days, after which the FCC would need to complete a notice-and-comment rulemaking before any regulatory change takes effect — a process that typically takes months to years. The spending-audit track requires agency reports to OMB within 30 days, which DOJ then reviews; any decision to restrict agency advertising on a platform would follow from those findings. The FTC and AG working-group tracks have no hard deadlines and depend on prosecutorial discretion and state-law coordination.