Wash. Rev. Code § 29B.35.020

Current through 2024

Section 29B.35.020 - [Effective 1/1/2026] Liability of medium disseminating communication

(1) For an action brought under *RCW 42.62.020, the sponsor of the electioneering communication may be held liable, and not the medium disseminating the electioneering communication except as provided in subsection (2) of this section.

(2) Except when a licensee, programmer, or operator of a federally licensed broadcasting station transmits an electioneering communication that is subject to 47 U.S.C. Sec. 315, a medium may be held liable in a cause of action brought under *RCW 42.62.020 if:

(a) The medium removes any disclosure described in *RCW 42.62.020(4) from the electioneering communication it disseminates; or

(b) Subject to affirmative defenses described in *RCW 42.62.020, the medium changes the content of an electioneering communication such that it qualifies as synthetic media, as defined in *RCW 42.62.020.

(3)

(a) No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider. However, an interactive computer service may be held liable in accordance with subsection (2) of this section.

(b) "Interactive computer service" means any information service, system, or access software provider that provides or enables computer access by multiple users to a computer server, including specifically a service or system that provides access to the internet and such systems operated or services offered by libraries or educational institutions.

(c) "Information content provider" means any person or entity that is responsible, in whole or in part, for the creation or development of information provided through the internet or any other interactive computer service.

RCW 29B.35.020

Renumbered from 42.62.030 by 2024 c 164,§ 311, eff. 1/1/2026.

Added by 2023 c 360,§ 3, eff. 7/23/2023.

*Reviser's note:RCW 42.62.020 was recodified as RCW 29B.35.010 pursuant to 2024 c 164 s 311, effective January 1, 2026.