; or (bb) disproportionately restricts or promotes access to, or the availability of, information from a political party, political candidate, or political viewpoint; or (II) an officer or employee of the provider makes a decision about moderating information provided by other information content providers that is motivated by an intent to negatively affect a political party, political candidate, or political viewpoint. (iii) Exceptions (I) Business necessity An action of a provider of an interactive computer service that disproportionately restricts access to, or the availability of, information from a political party, political candidate, or political viewpoint shall not be considered to be a politically biased moderation practice if the action is necessary for business or the information involved is not speech that would be protected under the First Amendment of the United States Constitution, there is no available alternative that has a less disproportionate effect, and the provider does not act with the intent to discriminate based on political affiliation, political party, or political viewpoint. (II) Actions by employees A provider of an interactive computer service shall not be denied a certification under this subparagraph on the basis of an employee of the provider acting in the manner described in clause (ii)(II) in making a decision about moderating information provided by other information content providers if the provider, immediately upon learning of the actions of the employee— (aa) publicly discloses in a conspicuous manner that an employee of the provider acted in a politically biased manner with respect to moderating information content