House introduces GRANITE Act to block foreign censorship of American platforms
The U.S. House has introduced the GRANITE Act, which would prohibit domestic courts from enforcing foreign judgments or fines related to censorship laws that conflict with First Amendment protections. The bill aims to protect American platforms from international regulatory pressure, such as the EU's Digital Services Act and the UK's Online Safety Act, by limiting remedies to declaratory relief.
Key Takeaways
- Prohibits federal and state courts from recognizing foreign fines or orders that penalize expression based on content or viewpoint.
- Strips foreign states of sovereign immunity to prevent governments from evading U.S. judicial scrutiny regarding censorship demands.
- Limits legal remedies for U.S. persons to declaratory relief, avoiding the high statutory damages seen in state-level proposals.
- Addresses the 'Brussels effect' where EU penalties, such as the €120 million fine against X, dictate global platform terms.
Why It Matters
The legislation creates a legal shield for American streaming and social platforms facing aggressive international regulation. By ensuring foreign fines for lawful U.S. speech are unenforceable domestically, the bill reduces the financial risk for companies like Meta and X when they refuse to apply restrictive foreign moderation standards to American users. This move signals a federal effort to decouple U.S. digital expression from the regulatory reach of the Digital Services Act and similar frameworks. In the broader ecosystem, it challenges the trend of globalized content policies driven by the most restrictive jurisdictions. Watch for whether the bill gains the same unanimous bipartisan support seen by the 2010 SPEECH Act as it moves through committee.
Additional Context
The GRANITE Act censorship shield arrives as the EU's Digital Services Act enters its most aggressive enforcement phase against American platforms. In April 2025, the European Commission opened formal proceedings against Meta over addictive design features on Instagram and Facebook, marking the first DSA investigation targeting a U.S. social media giant's core product architecture rather than content moderation alone. The Commission had already designated X as a Very Large Online Platform under the DSA in April 2023, subjecting it to mandatory risk assessments and independent audits. These enforcement actions illustrate the regulatory pressure the GRANITE Act seeks to neutralize by making foreign judgments unenforceable in U.S. courts.
On the business side, the UK's Online Safety Act has already imposed compliance costs that U.S. platforms must weigh against the GRANITE Act's protections. UK Children’s Commissioner slams Online Safety Act implementation as ineffective in recent reports, highlighting the ongoing friction between regulators and platforms. Meanwhile, Meta reported spending over $5 billion on safety and security initiatives in 2024, a figure that reflects the cumulative cost of complying with multiple overlapping international regimes. The GRANITE Act's limitation of remedies to declaratory relief would not eliminate these compliance expenditures but would remove the threat of domestic asset seizure for non-compliance with foreign censorship orders.
The legislative precedent for the GRANITE Act is the 2010 SPEECH Act, which passed unanimously through both chambers of Congress and was signed into law by President Obama to block enforcement of foreign libel judgments that conflicted with First Amendment standards. The SPEECH Act has been invoked in at least where the court refused to enforce a UK defamation judgment. Legal scholars have noted that the extends this framework from defamation into the broader domain of content regulation, potentially creating friction with international treaty obligations on judgment recognition. The bill's prospects may depend on whether Congress views foreign content moderation mandates as analogous to the libel tourism problem the SPEECH Act addressed.
Read full article at rstreet.org
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