Amends TCA Title 4; Title 47 and Title 65.

PUBLIC DISCLOSURE<br /> <br /> This bill requires a social media platform to publicly disclose, on a website that is easily accessible by the public, accurate information regarding its content management, data management, and business practices, including specific information regarding the manner in which the platform: <br /> <br /> (1) Curates and targets content to a user;<br /> <br /> (2) Places and promotes content, services, and products, including its own content, services, and products; <br /> <br /> (3) Moderates content; <br /> <br /> (4) Uses search, ranking, or other algorithms or procedures that determine results on the platform; and<br /> <br /> (5) Provides a user's performance data on the use of the platform and its products and services. <br /> <br /> This bill requires such disclosure to be sufficient to enable a user to make an informed choice regarding the purchase or use of access to or services from the platform.<br /> <br /> ACCEPTABLE USE POLICY<br /> <br /> This bill requires a social media platform to publish an acceptable use policy, in a location that is conspicuous and easily accessible to a user, that does the following:<br /> <br /> (1) Reasonably informs a user about the types of content allowed on the platform; <br /> <br /> (2) Explains the steps the platform will take to ensure content complies with the policy;<br /> <br /> (3) Explains the means by which a user can notify the platform of content that potentially violates the acceptable use policy, is illegal content, or is illegal activity; and<br /> <br /> (4) Includes the publication of a biannual transparency report outlining actions taken to enforce the policy.<br /> <br /> BIANNUAL TRANSPARNECY REPORT<br /> <br /> This bill requires a social media platform to publish a biannual transparency report, as a part of its acceptable use policy, that includes, with respect to the preceding six-month period, the following:<br /> <br /> (1) The total number of instances in which the social media platform was alerted of illegal content, illegal activity, or potentially policy-violating content by a government; a user complaint; an internal automated detection tool; coordination with other social media platforms; or an employee of, or person contracting with the social media platform;<br /> <br /> (2) Subject to the requirements below, the total number of instances in which the social media platform acted with respect to illegal content, illegal activity, or potentially policy-violating content known to the platform due to the nature of its content as illegal content, illegal activity, or potentially policy-violating content, including content removal; content demonetization; content deprioritization; the addition of an assessment to content; account suspension; account removal; or other action taken in accordance with the platform's acceptable use policy; <br /> <br /> (3) The country of the user who provided the content for each instance described by (2); <br /> <br /> (4) The number of coordinated campaigns, if applicable; <br /> <br /> (5) The number of instances in which a user appealed the decision to remove the user's potentially policy-violating content; <br /> <br /> (6) The percentage of appeals in (5) that resulted in the restoration of content; and <br /> <br /> (7) A description of each tool, practice, action, or technique used in enforcing the acceptable use policy. <br /> <br /> This bill requires a social media platform to publish such transparency information with an open license, in a machine-readable and open format, and in a location that is conspicuous and easily accessible to users. <br /> <br /> COMPLAINT SYSTEM<br /> <br /> This bill requires a social media platform to provide a complaint system that is located in a conspicuous and easily accessible location to enable a user to submit a complaint in good faith and track the status of the complaint regarding illegal content or activity or a decision made by a platform to remove content posted by a user. When a platform receives notice of illegal content or illegal activity, the platform must make a good faith effort to evaluate the legality of the content or activity within 48 hours of receiving the notice, excluding hours during a Saturday or Sunday. <br /> <br /> This bill provides that, if a social media platform removes content based on a violation of the platform's acceptable use policy, then the platform must do the following: <br /> <br /> (1) Notify the user who provided the content of the removal and explain the reason the content was removed; <br /> <br /> (2) Allow the user to appeal the decision to remove the content; and <br /> <br /> (3) Provide written notice to the user who provided the content of the determination regarding an appeal requested under (2); and, in the case of a reversal of the social media platform's decision to remove the content, the reason for the reversal.<br /> <br /> However, a social media platform is not required to provide a user with notice or an opportunity to appeal if the platform is unable to contact the user after taking reasonable steps to make contact; or knows that the potentially policy-violating content relates to an ongoing law enforcement investigation. <br /> <br /> This bill authorizes a user whose content was removed based on a user complaint that the social media platform received, but, who believes the content did not violate policy to submit a complaint about the removal. If a user submits a complaint about the removal of their content, then the social media platform must, no later than 14 days, excluding Saturday and Sunday, after the date the platform received the complaint: <br /> <br /> (1) Review the content; <br /> <br /> (2) Determine whether the content adheres to the platform's acceptable use policy; <br /> <br /> (3) Take appropriate steps based on the determination under (2); and <br /> <br /> (4) Notify the user regarding the determination and the steps taken. <br /> <br /> PROHIBITED CENSORSHIP<br /> <br /> This bill prohibits a social media platform from censoring a user, a user's expression, or a user's ability to receive the expression of another person based on the viewpoint of the user or another person; the viewpoint represented in the user's expression or another person's expression; or a user's geographic location in this state. This prohibition applies whether the viewpoint is expressed on a social media platform or through another medium. The protections created by this prohibition cannot be waived. However, a social media platform is not prohibited from doing the following: <br /> <br /> (1) Censoring expression that:<br /> <br /> (A) The social media platform is specifically authorized to censor under federal law; <br /> <br /> (B) Directly incites criminal activity or consists of specific threats of violence targeted against a person or group because of their race, color, disability, religion, national origin or ancestry, age, sex, or status as a peace officer or judge; or<br /> <br /> (C) Is unlawful expression under federal law or the law of this state;<br /> <br /> (2) Authorizing or facilitating a user's ability to censor specific expression on the user's platform or page at the request of that user; or<br /> <br /> (3) Taking action to restrict access to, or the availability of, material in accordance with federal law 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.<br /> <br /> REMEDIES<br /> <br /> This bill authorizes the attorney general to bring an action against a social media platform to enjoin a violation of this bill. If an injunction is granted in an action brought, then the attorney general may recover costs incurred in bringing the action, including reasonable attorneys' fees, court costs, and reasonable investigative costs.<br /> <br /> This bill also authorizes a user to bring a private action for a violation of this bill. Upon a finding that a social media platform has violated the prohibitions, a 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. <br /> <br /> If a social media platform fails to promptly comply with a court order in an action brought, then the court must hold the social media platform in contempt and use all lawful measures to secure immediate compliance with the order, including daily penalties.<br /> <br /> APPLICABILITY<br /> <br /> This bill applies to the following:<br /> <br /> (1) A user who resides or is located in this state; does business in this state; or shares or receives content on a social media platform in this state or shares or receives expression in this state; or <br /> <br /> (2) A social media platform that functionally has more than 50 million active users in the United States, including the District of Columbia and the several territories of the United States, in a calendar month. <br />