Private Censorship Through Litigation

This provision enables any private individual or entity to initiate misinformation proceedings against any speaker, creating a privatized censorship mechanism with significant chilling effects. Unlike defamation law with its developed safeguards, this operates within a framework where "misinformation" includes unintentional inaccuracies and where a presidentially-appointed Division has initial adjudicatory power (60). Well-resourced entities can weaponize this provision to silence critics, competitors, or journalists through strategic litigation—even unsuccessful claims impose costs and reputational harm, discouraging legitimate speech about matters of public concern.