SB 1106 — social media platforms; standards; notification

House Engrossed Senate BillEngrossed social media platforms;

"CENSOR" INCLUDES ANY ACTION TAKEN BY ANA EMPLOYEESOCIAL OFMEDIA THISPLATFORM: STATE IN THE EMPLOYEE'S OFFICIAL CAPACITY:

(a) MEANS ANY ACTION TAKEN BY A SOCIAL MEDIA PLATFORM TO PLACE, FEATURE OR PRIORITIZE CERTAIN CONTENT OR MATERIAL AHEAD OF, BELOW OR IN A -MORE 1OR -LESS S.B.PROMINENT POSITION THAN OTHER CONTENT OR MATERIAL IN A NEWSFEED, FEED OR VIEW OR IN SEARCH RESULTS.

1106- MORE1 OR- LESSS.B. PROMINENT POSITION THAN OTHER CONTENT OR MATERIAL IN A NEWSFEED, FEED OR VIEW OR IN SEARCH RESULTS.

1106 (b) DOES NOT INCLUDE ANY ACTION TAKEN BY A SOCIAL MEDIA PLATFORM TO PLACE, FEATURE OR PRIORITIZE THE CONTENT AND MATERIAL OF A THIRD PARTY, INCLUDING OTHER USERS, BASED ON PAYMENTS BY THAT THIRD PARTY TO THE SOCIAL MEDIA PLATFORM.

"SHADOW BAN":

(a) MEANS ANY ACTION TAKEN BY A SOCIAL MEDIA PLATFORM THROUGH ANY MEANS, 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.

(b) INCLUDES ANY ACTION THAT IS TAKEN BY A SOCIAL MEDIA PLATFORM TO LIMIT OR ELIMINATE CONTENT OR MATERIAL AND THAT IS NOT READILY APPARENT TO A USER.

8.

(a) MEANS PUBLICANY ORINFORMATION SEMIPUBLICSERVICE, INTERNET-BASEDSYSTEM, SERVICEINTERNET SEARCH ENGINE OR APPLICATIONACCESS SOFTWARE PROVIDER THAT MEETS ALL OF THE FOLLOWING:

(i) OPERATESPROVIDES ASOR AENABLES SOLECOMPUTER PROPRIETORSHIP,ACCESS PARTNERSHIP,BY LIMITEDMULTIPLE LIABILITYUSERS COMPANY,TO CORPORATION,A ASSOCIATIONCOMPUTER SERVER, INCLUDING AN INTERNET PLATFORM OR OTHERA LEGALSOCIAL ENTITY.MEDIA SITE.

(ii) DOESOPERATES BUSINESSAS INA THISSOLE STATE.PROPRIETORSHIP, PARTNERSHIP, LIMITED LIABILITY COMPANY, CORPORATION, ASSOCIATION OR OTHER LEGAL ENTITY.

(iii) HASDOES ANNUALBUSINESS GROSS REVENUES OF MORE THAN $100,000,000 DIRECTLY FROM THE OPERATION OF THE SOCIAL MEDIA PLATFORM AND NOT FROM THE SELLING OF GOODS AND SERVICES, AS ADJUSTED IN JANUARYTHIS OFSTATE. EACH ODD-NUMBERED YEAR TO REFLECT ANY INCREASE IN THE CONSUMER PRICE INDEX AND HAS AT LEAST ONE HUNDRED MILLION MONTHLY INDIVIDUAL PLATFORM PARTICIPANTS GLOBALLY.

(iv) PRIMARILYHAS FUNCTIONSANNUAL TOGROSS CONNECTREVENUES USERSOF MORE THAN $100,000,000, AS ADJUSTED IN ORDERJANUARY TOOF ALLOWEACH USERSODD-NUMBERED YEAR TO INTERACTREFLECT SOCIALLYANY WITHINCREASE EACHIN OTHERTHE WITHINCONSUMER THEPRICE PLATFORM.INDEX OR HAS AT LEAST ONE HUNDRED MILLION MONTHLY INDIVIDUAL PLATFORM PARTICIPANTS GLOBALLY.

EMAIL(b) OR DIRECT MESSAGING SERVICES DOES NOT MEETINCLUDE THISAN CRITERIONONLINE ONSERVICE, THEAPPLICATION BASISOR OFWEBSITE: THAT FUNCTION ALONE.

(v)(i) ALLOWSTHAT USERSCONSISTS TOPRIMARILY CREATE A PUBLIC OR SEMIPUBLIC PROFILE FOR THE PURPOSES OF LOGGINGNEWS, INSPORTS, TOENTERTAINMENT ANDOR USING THE PLATFORM, POPULATE A PUBLIC LIST OF OTHER USERSINFORMATION WITHOR WHOMCONTENT ANTHAT INDIVIDUALIS SHARESNOT AUSER-GENERATED SOCIALBUT CONNECTION WITHIN THE PLATFORM, AND POST CONTENT THAT IS VIEWABLEPRESELECTED BY OTHERTHE USERS.PROVIDER.

(b) DOES NOT INCLUDE A BROADBAND INTERNET ACCESS SERVICE PROVIDER OR AN ONLINE SERVICE, APPLICATION, CLOUD SERVICES PROVIDER OR WEBSITE:

(i) THAT CONSISTS PRIMARILY OF NEWS, SPORTS, ENTERTAINMENT, E-COMMERCE OR INFORMATION OR CONTENT THAT IS NOT USER-GENERATED BUT IS PRESELECTED BY THE PROVIDER.

(c)9. DOES NOT INCLUDE CLOUD STORAGE, SHARED DOCUMENT COLLABORATION AND OTHER CLOUD COMPUTING SERVICES.

8.

civil penaltiespenalties; A.

Afree SOCIALadvertising MEDIAA. PLATFORM MAY DEPLATFORM A CANDIDATE WHO IS KNOWN BY THE SOCIAL MEDIA PLATFORM TO BE A CANDIDATE, BEGINNING ON THE DATE OF THE CANDIDATE'S QUALIFICATION AND ENDING ON THE DATE OF THE ELECTION OR THE DATE THE CANDIDATE CEASES TO BE A CANDIDATE AS ALLOWED UNDER THE - 2 - S.B.

1106A COMMUNICATIONSSOCIAL DECENCYMEDIA ACTPLATFORM MAY NOT WILFULLY DEPLATFORM A CANDIDATE WHO IS KNOWN BY THE SOCIAL MEDIA PLATFORM TO BE A CANDIDATE, BEGINNING ON THE DATE OF 1996THE (P.L.CANDIDATE'S QUALIFICATION AND ENDING ON THE DATE OF THE ELECTION OR THE DATE THE CANDIDATE CEASES TO BE A CANDIDATE.

104-104;A SOCIAL MEDIA PLATFORM SHALL PROVIDE EACH USER WITH A METHOD BY WHICH THE USER MAY BE IDENTIFIED AS A CANDIDATE AND THAT PROVIDES SUFFICIENT INFORMATION TO ALLOW THE SOCIAL MEDIA PLATFORM TO CONFIRM THE CANDIDATE'S QUALIFICATION - 2 - S.B.

1101106 STAT.BY REVIEWING THE CANDIDATE'S STATEMENT OF ORGANIZATION FILED PURSUANT TO SECTION 16-906.

133;

47 UNITED STATES CODE 230).

C.

A SOCIAL MEDIA PLATFORM THAT WILFULLY PROVIDES FREE ADVERTISING FOR A CANDIDATE SHALL INFORM THE CANDIDATE OF THE IN-KIND CONTRIBUTION.

POSTS, CONTENT, MATERIAL AND COMMENTS BY CANDIDATES THAT ARE SHOWN ON THE SOCIAL MEDIA PLATFORM IN THE SAME OR A SIMILAR MANNER AS THE POSTS, CONTENT, MATERIAL AND COMMENTS OF OTHER USERS ARE NOT CONSIDERED FREE ADVERTISING.

Censorship standardsstandards; A SOCIAL MEDIA PLATFORM SHALL PUBLISH THE STANDARDS, INCLUDING DETAILED DEFINITIONS, THAT THE SOCIAL MEDIA PLATFORM USES FOR DETERMINING HOW IT WILL DEPLATFORM THE SOCIAL MEDIA PLATFORM'S USERS.

18-704.notification requirements;

Penalties;obscene content;

cause of action;

remedies;

ANA EMPLOYEESOCIAL WHOMEDIA VIOLATESPLATFORM THIS CHAPTER SHALL BEPUBLISH SUBJECTTHE TOSTANDARDS, REMOVALINCLUDING FROMDETAILED STATEDEFINITIONS, SERVICE,THAT REDUCTIONTHE INSOCIAL GRADE,MEDIA DEBARMENTPLATFORM FROMUSES STATEOR EMPLOYMENTHAS USED FOR ADETERMINING PERIODHOW NOTIT TOWILL EXCEEDCENSOR, FIVEDEPLATFORM YEARS,AND SUSPENSION,SHADOW REPRIMANDBAN ORTHE ASOCIAL CIVILMEDIA PENALTYPLATFORM'S NOTUSERS. TO EXCEED $1,000.

THISA CHAPTERSOCIAL DOESMEDIA NOTPLATFORM PROHIBITSHALL ANAPPLY EMPLOYEECENSORSHIP, FROMDEPLATFORMING ENGAGINGAND INSHADOW LAWFULBANNING ACTIONSSTANDARDS WITHININ THEA OFFICIALCONSISTENT AUTHORITYMANNER OFAMONG THE EMPLOYEESOCIAL FORMEDIA THEPLATFORM'S PURPOSEUSERS. OF EITHER:

C.

A SOCIAL MEDIA PLATFORM SHALL INFORM EACH USER ABOUT ANY CHANGES TO THE SOCIAL MEDIA PLATFORM'S USER RULES, TERMS AND AGREEMENTS BEFORE IMPLEMENTING THE CHANGES AND MAY NOT MAKE CHANGES MORE THAN ONCE EVERY THIRTY DAYS.

D.