Amends TCA Title 4; Title 47 and Title 65.

This bill requires an operator of a social media platform authorizing users located in this state to post content or material on the platform to obtain a certificate of public convenience and necessity from the Tennessee public utility commission as a social media common carrier. This bill requires the commission to prescribe by rule the form on which application may be made for a certificate and the fee for the certificate. This bill authorizes the commission to prescribe an equitable fee schedule based on a social media platform's gross annual revenue or the number of global individual platform participants. This bill requires an operator of a social media platform to disclose and file with the commission as part of the operator's application for a certificate all information relating to ownership and control of the company that is required to be filed with the federal communications commission. This bill prohibits a social media platform from willfully deplatforming or shadow banning a user of the social media platform if the basis of such action is rooted in political ideology, viewpoint discrimination, or personal animus. This bill states that this prohibition does not prohibit a social media platform from taking action to restrict access to, or the availability of, material that the social media platform considers to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable, regardless of whether the material is constitutionally protected. This bill defines "deplatform" as the action or practice by a social media platform to permanently delete or ban a user, or to temporarily delete or ban a user, from the social media platform for more than 21 consecutive days; and defines "shadow ban" as an action by a social media platform, whether the action is determined by a natural person or an algorithm, to limit or eliminate the exposure of a user or content or material posted by a user to other users of the social media platform, including such actions by a social media platform that are not readily apparent to a user. Under this bill, if the commission, by its own inquiry or as a result of the filing of a written complaint by a user, suspects that a violation of this bill is imminent, occurring, or has occurred, then the commission may investigate the suspected violation. Based on its investigation, the commission may conduct a contested case hearing to take appropriate action. This bill provides that if the commission finds a violation of the above-described prohibition on deplatforming and shadow banning, then the commission may: (1) Fine the operator of a social media platform. For a user who is not a candidate for public office or an official, the fine will be $25,000 for each day the social media platform is not in compliance. For a user known by the social media platform to be a candidate for public office or an official, the fine will be $100,000 for each day the social media platform is not in compliance; and (2) Suspend or revoke the certificate of public convenience and necessity of the social media platform indefinitely until the platform's operator provides the commission with proof satisfactory to the commission that the social media platform is in compliance with this bill. This bill also provides for a private cause of action by a user against the operator of the social media platform for a violation. In such an action, the court may award to the user actual damages; if aggravating factors are present, punitive damages; other forms of equitable relief, including injunctive relief; and costs and reasonable attorney fees. If the commission investigates an alleged violation of this bill, then the commission's investigative powers include, but are not limited to, the ability to subpoena algorithms used by a social media platform related to the alleged violation. This bill will take effect upon becoming a law for purposes of promulgating rules and carrying out administrative duties necessary to effectuate the provisions and intent of this bill. For all other purposes, this bill will take effect January 1, 2023.