23 LC 44 2167ER
H. B. 250
- 1 -
House Bill 250
By: Representatives Sainz of the 180
th
, Hitchens of the 161
st
, Kelley of the 16
th
, Townsend
of the 179
th
, and Mathiak of the 74
th
A BILL TO BE ENTITLED
AN ACT
To amend Title 9 of the Official Code of Georgia Annotated, relating to civil practice, so as
1
to prohibit censorship by social media platforms; to prohibit waivers of protections; to2
provide for limitations; to provide for construction; to provide for user remedies; to provide3
for action by the Attorney General; to amend Title 10 of the Official Code of Georgia4
Annotated, relating to commerce and trade, so as to provide for disclosure requirements5
regarding social media platforms; to provide for construction; to provide for acceptable use6
policies; to provide for transparency reports; to provide for a complaint system; to provide7
for removal of content and exceptions; to provide for appeals; to provide for action by the8
Attorney General; to provide for definitions; to provide for applicability; to provide for9
related matters; to repeal conflicting laws; and for other purposes.10
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:11
SECTION 1.12
Title 9 of the Official Code of Georgia Annotated, relating to civil practice, is amended by13
adding a new chapter to read as follows:14 23 LC 44 2167ER
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"CHAPTER 1815
9-18-1.16
As used in this chapter, the term:17
(1) 'Censor' or 'censorship' means any action taken to edit, alter, block, ban, delete,18
remove, deplatform, demonetize, de-boost, regulate, restrict, inhibit the publication or19
reproduction of, or deny equal access or visibility to expression; to suspend a right to20
post, remove, or post an addendum to any content or material posted by a user; or to21
otherwise discriminate against expression. Such term includes an action taken to inhibit22
a social media platform or interactive computer service user's ability to be viewed by or23
interact with another user of the platform or service.24
(2) 'Expression' means any word, numeral music, sound, still or moving image, or other25
perceivable communication.26
(3) 'Interactive computer service' means an information service, system, or access27
software provider that provides or enables computer access by multiple users to a28
computer server. Such term does not include an internet access provider as defined by29
Code Section 39-5-1.30
(4) 'Receive' means, with respect to an expression, to read, hear, look at, access, or gain31
access to the expression.32
(5) 'Social media platform' means an internet website or application, internet system, or33
access software provider that is available to the public, allows a user of the platform to34
create an account, and enables users to communicate with other users for the primary35
purpose of posting information, comments, messages, or images. Such term does not36
include:37
(A) An internet access provider as defined by Code Section 39-5-1;38
(B) Email; or39
(C) An online service, application, or website:40 23 LC 44 2167ER
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(i) That consists primarily of news, sports, entertainment, or other information or41
content that is not user generated but is preselected by the platform; and42
(ii) For which any chat, comments, or interactive functionality is incidental to,43
directly related to, or dependent on the provision of the content described by division44
(i) of this subparagraph.45
(6) 'Unlawful expression' means an expression that is unlawful under the United States46
Constitution, federal law, the Georgia Constitution, or the laws of this state, including47
expression that constitutes a tort under the laws of this state or the United States.48
(7) 'User' means a person who posts, uploads, transmits, shares, or otherwise publishes49
or receives expression, through a social media platform or interactive computer service.50
9-18-2.51
(a) A social media platform or interactive computer service may not censor a user, a user's52
expression, or a user's ability to receive the expression of another person based on:53
(1) The viewpoint of the user or another person;54
(2) The viewpoint represented in the user's expression or another person's expression; or55
(3) A user's geographic location in this state or any part of this state.56
(b) This Code section applies regardless of whether the viewpoint is expressed on a social57
media platform or interactive computer service or through any other medium.58
9-18-3.59
(a) A waiver or purported waiver of the protections provided by this chapter is void as60
unlawful and against public policy, and a court or arbitrator may not enforce or give effect61
to the waiver, including in an action brought under Code Section 9-18-7, notwithstanding62
any contract or choice-of-law provision in a contract.63
(b) The waiver prohibition described by subsection (a) of this Code section is a public64
policy limitation on contractual and other waivers of the highest importance and interest65 23 LC 44 2167ER
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to this state, and this state is exercising and enforcing this limitation to the full extent66
permitted by the United States Constitution and the Georgia Constitution.67
9-18-4.68
(a) This chapter applies only to a user who:69
(1) Resides in this state;70
(2) Does business in this state; or71
(3) Shares or receives expression in this state.72
(b) This chapter applies only to expression that is shared or received in this state.73
(c) This chapter applies only to a social media platform or interactive computer service74
that functionally has more than 50 million active users in the United States in any calendar75
month.76
(d) This chapter applies to the maximum extent permitted by the United States77
Constitution and the laws of the United States but no further than the maximum extent78
permitted by the United States Constitution and the laws of the United States.79
9-18-5.80
This chapter does not subject a social media platform or interactive computer service to81
damages or other legal remedies to the extent the social media platform or interactive82
computer service is protected from those remedies under federal law.83
9-18-6.84
(a) This chapter does not prohibit a social media platform or interactive computer service85
from:86
(1) Censoring expression that the social media platform or interactive computer service87
is specifically authorized to censor by federal law; or88 23 LC 44 2167ER
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(2) Censoring unlawful expression, including expression that unlawfully harasses89
individuals or unlawfully incites violence.90
(b) This chapter shall not be construed to prohibit or restrict a social media platform or91
interactive computer service from authorizing or facilitating a user's ability to censor92
specific expression on the user's account or page at the request of that user.93
(c) This chapter may not be construed to expand or limit intellectual property law.94
9-18-7.95
(a) A user may bring an action against a social media platform or interactive computer96
service that violates this chapter with respect to the user.97
(b) If the user proves that the social media platform or interactive computer service98
violated this chapter with respect to the user, the user is entitled to recover:99
(1) Declaratory relief, including costs and reasonable and necessary attorney's fees; and100
(2) Injunctive relief.101
(c) If a social media platform or interactive computer service fails to promptly comply102
with a court order in an action brought under this Code section, the court shall hold the103
social media platform or interactive computer service in contempt and shall use all lawful104
measures to secure immediate compliance with the order, including daily penalties105
sufficient to secure immediate compliance.106
(d) A user may bring an action under this Code section regardless of whether another court107
has enjoined the Attorney General from enforcing this chapter or declared any provision108
of this chapter unconstitutional unless that court decision is binding on the court in which109
the action is brought.110
(e) Nonmutual issue preclusion and nonmutual claim preclusion are not defenses to an111
action brought under this Code section.112 23 LC 44 2167ER
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(f) A user may bring an action under this Code section to remedy censorship of the user's113
ability to publish or receive expression that occurred before July 1, 2023, if the censorship114
continues after June 30, 2023.115
9-18-8.116
(a) Any person may notify the Attorney General of a violation or potential violation of this117
chapter by a social media platform or interactive computer service.118
(b) The Attorney General may bring an action to enjoin a violation or a potential violation119
of this chapter. If the injunction is granted, the Attorney General may recover costs and120
reasonable attorney's fees incurred in bringing the action and reasonable investigative costs121
incurred in relation to the action."122
SECTION 2.123
Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, is124
amended by adding a new chapter to read as follows:125
"CHAPTER 16126
10-16-1.127
As used in this chapter, the term:128
(1) 'Social media platform' means an internet website or application, internet system, or129
access software provider that is available to the public, allows a user of the platform to130
create an account, and enables users to communicate with other users for the primary131
purpose of posting information, comments, messages, or images. Such term does not132
include:133
(A) An internet access provider as defined by Code Section 39-5-1;134
(B) Email; or135 23 LC 44 2167ER
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(C) An online service, application, or website:136
(i) That consists primarily of news, sports, entertainment, or other information or137
content that is not user generated but is preselected by the platform; and138
(ii) For which any chat, comments, or interactive functionality is incidental to,139
directly related to, or dependent on the provision of the content described by140
division (i) of this subparagraph.141
(2) 'User' means a person who posts, uploads, transmits, shares, or otherwise publishes142
or receives content through a social media platform.143
10-16-2.144
(a) This chapter applies only to a user who:145
(1) Resides in this state;146
(2) Does business in this state; or147
(3) Shares or receives content on a social media platform in this state.148
(b) This chapter applies only to a social media platform that functionally has more than 50149
million active users in the United States in any calendar month.150
10-16-3.151
This chapter may not be construed to limit or expand intellectual property law.152
10-16-4.153
(a) A social media platform shall, in accordance with this chapter, publicly disclose154
accurate information regarding its content management, data management, and business155
practices, including specific information regarding the manner in which the social media156
platform:157
(1) Curates and targets content to users;158 23 LC 44 2167ER
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(2) Places and promotes content, services, and products, including its own content,159
services, and products;160
(3) Moderates user generated content;161
(4) Uses search, ranking, or other algorithms or procedures that determine results on the162
platform; and163
(5) Provides users' performance data on the use of the platform and its products and164
services.165
(b) The disclosure required by subsection (a) of this Code section must be sufficient to166
enable users to make an informed choice regarding the purchase of or use of access to or167
services from the platform.168
(c) A social media platform shall publish the disclosure required by subsection (a) of this169
Code section on an internet website that is easily accessible by the public.170
10-16-5.171
(a) A social media platform shall publish an acceptable use policy in a location that is172
easily accessible to users.173
(b) A social media platform's acceptable use policy shall:174
(1) Reasonably inform users about the types of content allowed on the social media175
platform;176
(2) Explain the steps the social media platform will take to ensure that content complies177
with its policy;178
(3) Explain the means by which users can notify the social media platform of content that179
potentially violates its acceptable use policy or that is illegal content or illegal activity,180
which includes:181
(A) Subject to subsection (c) of this Code section, making available a live company182
representative to take user complaints through a toll-free telephone number that users183
may call during regular business hours;184 23 LC 44 2167ER
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(B) An email address or relevant complaint intake mechanism to handle user185
complaints; and186
(C) A complaint system as provided for in Code Sections 10-16-7 through 10-16-10;187
and188
(4) Include publication of a quarterly transparency report outlining actions taken to189
enforce its acceptable use policy.190
(c) The live company representative described by subparagraph (b)(3)(A) of this Code191
section shall be available at a minimum eight hours a day, five days a week.192
10-16-6.193
(a) As part of a social media platform's acceptable use policy under Code Section 10-16-5,194
the social media platform shall publish a quarterly transparency report that includes, with195
respect to the preceding three-month period:196
(1) The total number of instances in which the social media platform was alerted to197
illegal content, illegal activity, or potentially policy-violating content by:198
(A) A user complaint;199
(B) An employee of or person contracting with the social media platform; or200
(C) An internal automated detection tool;201
(2) Subject to subsection (b) of this Code section, the number of instances in which the202
social media platform took action with respect to illegal content, illegal activity, or203
potentially policy-violating content known to the platform due to the nature of the content204
as illegal content, illegal activity, or potentially policy-violating content, including:205
(A) Content removal;206
(B) Content demonetization;207
(C) Content deprioritization;208
(D) The addition of an assessment to content;209
(E) Account suspension;210 23 LC 44 2167ER
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(F) Account removal; or211
(G) Any other action taken in accordance with the platform's acceptable use policy;212
(3) The country of the user who provided the content for each instance described in213
paragraph (2) of this subsection;214
(4) The number of coordinated campaigns, if applicable;215
(5) The number of instances in which a user appealed the decision to remove the user's216
illegal content, illegal activity, or potentially policy-violating content;217
(6) The percentage of appeals described in paragraph (5) of this subsection that resulted218
in the restoration of content; and219
(7) A description of each tool, practice, action, or technique used in enforcing the220
acceptable use policy.221
(b) The information described in paragraph (2) of subsection (a) of this Code section shall222
be categorized by:223
(1) The specific policy violated; and224
(2) The source for the alert of illegal content, illegal activity, or potentially225
policy-violating content, including:226
(A) A government;227
(B) A user;228
(C) An internal automated detection tool;229
(D) Coordination with other social media platforms; or230
(E) Persons employed by or contracting with the social media platform.231
(c) A social media platform shall publish the information described in subsection (a) of232
this Code section with an open license, in a machine-readable and open format, and in a233
location that is easily accessible to users.234 23 LC 44 2167ER
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10-16-7.235
A social media platform shall provide an easily accessible complaint system to enable a236
user to submit a complaint in good faith and track the status of the complaint, including a237
complaint regarding:238
(1) Illegal content or activity; or239
(2) A decision made by the social media platform to remove content posted by the user.240
10-16-8.241
A social media platform that receives notice of illegal content or illegal activity on its242
platform shall make a good faith effort to evaluate the legality of the content or activity243
within 24 hours of receiving the notice, subject to reasonable exceptions based on concerns244
about the legitimacy of the notice.245
10-16-9.246
(a) Except as provided by subsection (b) of this Code section, if a social media platform247
removes content based on a violation of the platform's acceptable use policy under Code248
Section 10-16-5, the social media platform shall, concurrently with the removal:249
(1) Notify the user who provided the content of the removal and explain the reason or250
reasons why the content was removed;251
(2) Allow the user to appeal the decision to remove the content to the platform; and252
(3) Provide written notice to the user who provided the content of:253
(A) The determination regarding an appeal requested under paragraph (2) of this254
subsection; and255
(B) In the case of a reversal of the social media platform's decision to remove the256
content, the reason or reasons for the reversal.257
(b) A social media platform is not required to provide a user with notice or an opportunity258
to appeal under subsection (a) of this Code section if the social media platform:259 23 LC 44 2167ER
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(1) Is unable to contact the user after taking reasonable steps to make contact; or260
(2) Knows that the illegal content, illegal activity, or potentially policy-violating content261
relates to an ongoing law enforcement investigation.262
10-16-10.263
If a social media platform receives a user's complaint about the platform's removal of264
content provided by the user that the user believes was not illegal content, illegal activity,265
or potentially policy-violating content, the social media platform shall, not later than 14266
days after the date the platform receives the complaint:267
(1) Review the removed content;268
(2) Determine whether the content adheres to the platform's acceptable use policy and269
take appropriate steps based on such determination; and270
(3) Notify the user regarding such determination and steps taken under paragraph (2) of271
this Code section.272
10-16-11.273
(a) The Attorney General may bring an action against a social media platform to enjoin a274
violation of this chapter.275
(b) If an injunction is granted in an action brought under subsection (a) of this Code276
section, the Attorney General may recover costs incurred in bringing the action, including277
reasonable attorney's fees and reasonable investigative costs."278
SECTION 3.279
This Act shall apply to actions taken on or after July 1, 2023.280
SECTION 4.281
All laws and parts of laws in conflict with this Act are repealed.282