SB 1106
Initials PRB/HG Page 1 Caucus & COW
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-sixth Legislature
First Regular Session
Senate: TAT DP 4-3-0-0 | 3
rd
Read 16-13-1-0
House: COM DPA 6-4-0-0
SB 1106: social media platforms; standards; notification
Sponsor: Senator Rogers, LD 7
Caucus & COW
Overview
Establishes standards for social media platforms relating to deplatforming candidates, user
censorship, algorithm categorization and notification requirements.
History
A social media platform is an organization that provides a service for public users to disseminate
speech, expression, information or other content to other users or the public and includes both
the organization and any of its officers, agents, employees, contractors or any other person
employed by or acting on behalf of the social media platform, as well subcontractors or entities
used to conduct fact-checking or any other activities relating to content modulation.
Provisions
Social Media Platforms (Sec. 1)
1. Establishes laws governing social media platforms (Platforms).
2. Defines social media platform as any information service, system, internet search engine or
access software provider that meets all of the following:
a) provides or enables computer access by multiple users to a computer server, including an
internet platform or social media site;
b) operates as a sole proprietorship, partnership, limited liability company, corporation,
association or other legal entity;
c) does business in Arizona; and
d) has either annual gross revenues of more than $100,000,000, as adjusted in January of
each odd-numbered year to reflect any increase in the consumer price index, or at least
100,000,000 monthly individual platform participants globally.
Candidates
3. Prohibits a Platform from wilfully deplatforming a candidate from the date of the candidate's
qualification to the date of the election or cessation of candidacy.
4. Requires a social media platform to provide a method:
a) by which a user can be identified as a candidate; and
b) that provides the social media platform with sufficient information to confirm the
candidate's qualification.
5. Stipulates the Secretary of State may, upon finding that a Platform has violated the
deplatforming prohibition, impose a civil penalty of:
a) $250,000 per day for deplatforming a candidate for statewide office; and SB 1106
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b) $25,000 per day for deplatforming a candidate for any other office.
6. Requires a platform to inform the candidate, when free advertising is wilfully provided, of the
in-kind consideration and specifies what is not considered as free advertising.
Censorship Standards
7. Mandates the Platform to publish the standards used for determining how it will censor,
deplatform and shadow ban the Platform's users.
8. Requires the Platform's censorship, deplatforming and shadow banning standards to be
applied in a consistent manner among the Platform's users.
9. Instructs the Platform, before the implementation of changes to the rules, terms and
agreements, to inform each user about any such changes.
10. Prohibits the platform from making changes more than once every 30 days.
11. Prohibits the Platform from censoring or shadow banning a user's content or material or
deplatforming a user:
a) without delivering a specified notification to the user; or
b) in a manner that violates censorship standards.
12. Instructs the Platform to:
a) provide a mechanism that allows a user to request the number of other Platform
participants who were provided or shown the user's content or posts;
b) provide a user with the number of other Platform participants who were provided or shown
the user's content or posts;
c) categorize algorithms used for postprioritization and shadow banning; and
d) permit a user to opt out of postprioiritization and shadow banning algorithm categories to
allow sequential or chronological posts and content.
13. Requires the Platform to annually provide notice on algorithms used for postprioritization and
shadow banning and reoffer the opt-out opportunity.
14. Prohibits a Platform from applying or using postprioritization or shadow banning algorithms
for content posted by or about a user who is a candidate, during the user's candidacy.
15. Asserts postprioritization of certain content from or about a candidate based on payments to
the Platform by the candidate or a third party is not a violation of censorship standards.
16. Requires a social media platform to provide a user with a method:
a) by which a user can be identified as a candidate; and
b) that provides the social media platform with sufficient information to confirm the user's
qualification of candidacy.
17. Requires the Platform to permit a user, who has been deplatformed, to access or retrieve all
of their information, content, material and data for at least 60 days after the required
notification of deplatforming has been received.
18. Prevents a Platform from censoring, deplatforming or shadow banning a journalistic enterprise
based on the content of the journalistic enterprise's publication or broadcast, unless the
content is obscene.
19. Asserts postprioritization of certain journalistic enterprise content based on payments to the
Platform by the journalistic enterprise is not a violation of censorship standards.
☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note SB 1106
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20. Stipulates that a Platform is not required to notify a user if the censored content or material is
obscene.
21. Asserts a violation of the censorship standards constitutes an unlawful practice under
consumer fraud statutes and is in addition to all other causes of action, remedies and penalties
available to this state.
22. Permits the Attorney General to investigate and take appropriate action against anyone who
commits a violation in accordance with consumer fraud statutes.
23. Allows a user who is harmed by a Platform's violation of certain censorship standards to bring
a private cause of action for the violation for which the court may award:
a) a maximum of $100,000 in statutory damages for each proven claim;
b) actual damages;
c) punitive damages, if aggravating factors are present;
d) other forms of equitable relief, including injunctive relief; and
e) costs and reasonable attorney fees, if the user was deplatformed in violation of
censorship, deplatforming or shadow banning standards.
24. Stipulates that the failure of a Platform's compliance with the standards regarding allowing
users to opt out of postprioritization and shadow banning algorithms will be treated as a
separate violation, act or practice.
25. Specifies a Platform that censors, shadow bans, deplatforms or applies postprioritization
algorithms to candidates and users in Arizona is conclusively presumed to be engaged in
substantial and not isolated activities within Arizona and operating, conducting, engaging in
or carrying on a business and doing business in Arizona, and the social media platform is
therefore subject to the jurisdiction of the courts of Arizona.
26. Excludes, from the Platform censorship standards, a publisher, broadcaster, printer or other
person engaged in disseminating information or reproducing printed or pictorial matter if the
information or matter has been disseminated or reproduced on behalf of others without
knowledge of violation.
27. Defines pertinent terms.
Amendments
Committee on Commerce
1. Modifies the definition of censor and social media platform.
2. Removes the definition of shadow ban.
3. Allows a Platform to deplatform a candidate as allowed under the Communications Decency
Act, rather than prohibiting a Platform from wilfully deplatforming a candidate.
4. Removes the requirement for a Platform to publish standards for determining how it will censor
or shadow ban a user.
5. Includes specified penalties for an employee who violates censorship standards.
6. Adds that the censorship standards requirements do not an employee from engaging in lawful
actions within the official authority of the employee for specified purposes.
7. Deletes language relating to identifying a user as a candidate, providing free advertising for a
candidate by a Platform, changes to Platform rules, postprioritization of content, notification
requirements, journalistic enterprises, private cause of action and remedies, exemptions from
censorship standards. (This are provisions 8 – 26 as outlined in the summary).