Amends TCA Title 4; Title 47 and Title 65.

This bill imposes certain requirements on market dominant online platforms. This bill defines "online platform" as a website or application that is open to the public and allows users to create and share content electronically or engage in social networking, or a general search engine. "Market dominant" means the platform is actively used by a majority of the residents of this state who are 13 years of age or older, or the platform has a majority market share of this state. This bill requires market dominant online platforms to, among other things: (1) Describe the relevant content moderation policies applicable to information content providers in plain and particular terms of service or use that are available at the time of use; (2) Not deplatform or deny service to information content providers within this state; (3) Not adversely treat content on the basis of philosophical, political, ideological, or religious views expressed among other provisions listed in this bill; (4) Provide an explanation and an opportunity to appeal when adversely treating a content provider; and (5) Publish statistics on a quarterly basis of the number of posts and information content providers within the state that are subject to the actions described above in (4), the number of appeals filed, and the number of appeals granted. This bill requires the Tennessee public utility commission to issue annual determinations identifying market dominant online platforms and the platform services in which those platforms are market dominant and in which the requirements of this bill applies. This bill vests the attorney general with the sole authority to bring actions to recover damages on behalf of users affected by violations of this bill by market dominant online platforms. However, if the attorney general does not bring an action within 30 days of notice of the alleged violation, then an information content provider or user may bring a cause of action against a market dominant online platform in a trial court in the county in which the plaintiff resides. The bill requires a trial court to award a plaintiff that prevails against a market dominant online platform with, at least, the following: (1) Actual damages; (2) Statutory damages of: (A) $1,000 for each day an information content provider is deplatformed or otherwise denied service; (B) $1,000 for each incident of adversely treating an information content providers' content based on the philosophical, political, ideological, or religious viewpoints expressed; (C) $1,000 for each incident of content moderation not taken in good faith; (D) $1,000 for each violation related to adversely treating content, providing explanations for the adverse treatment, and providing a good faith opportunity to appeal content moderation as required in this bill; and (E) $1,000 for the failure to disclose the statistics as required by this bill; (3) Court costs, fees, and reasonable attorney fees; and (4) Injunctive relief, if deemed appropriate. Under this bill, the Tennessee public utility commission will assess a quarterly platform fee against a corporation with annual gross revenues attributable to users located in this state of more than $10 million and that owns or operates an online platform. The fee will be assessed on platform services actively used by 10 percent or more of individuals located in this state who are 13 years of age and older. The platform fee: (1) Must be equal to: (A) $7.50 per quarter per active state user of the corporation's general internet search platform services; (B) $5.00 per quarter per active state user of the corporation's personal social networking platform services; (C) $1.50 per quarter per active state user of the corporation's microblogging social networking platform services; (D) $1.50 per quarter per active state user of the corporation's online video sharing platform services; and (E) $4.00 per quarter per active state user of the corporation's online photo sharing platform services; and (2) Will be capped at 15 percent of the annual gross revenues attributable to users located in this state that the corporation generates through the platform service. This bill exempts a corporation from the platform fee if the corporation: (1) Publishes the statistics called for under this bill; and (2) Incorporates into the platform service's terms of service certain contractual terms specified in detail in this bill (See section 65-16-106 in Section 1 of this bill). Revenue from the platform fee will be distributed as follows: 60 percent deposited into a fund controlled by the commission and used for the sole purpose of enforcing this bill; and 40 percent deposited into the Tennessee broadband accessibility fund. This bill provides the following penalties in regard to the platform fee: (1) Prosecution for perjury for willfully filing a false return to evade payment of the fee; (2) Class E felony, subject to a fine not exceeding $70,000, imprisonment not exceeding five years, or both, for willfully failing to file the return in regard to the fee; (3) Interest on unpaid platform fees; and (4) A penalty not exceeding 25 percent of the amount due if a corporation required to pay a platform fee fails to pay the tax within 780 days of the due date of the fee.