Illinois 2023-2024 Regular Session

Illinois House Bill HB3841 Compare Versions

Only one version of the bill is available at this time.

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1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3841 Introduced , by Rep. Brad Halbrook SYNOPSIS AS INTRODUCED: New Act Creates the Stop Social Media Censorship Act. Provides that the owner or operator of a social media website that censors or deletes a user's religious or political speech is subject to a private right of action by certain social media website users in this State. Authorizes the recovery of actual damages, statutory damages, and punitive damages. Provides for the award of reasonable attorney's fees and costs. Prohibits a social media website from using alleged hate speech as a defense. Authorizes the Attorney General to bring an action on behalf of social media website users. Defines terms. Effective July 1, 2023. LRB103 30321 SPS 56749 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3841 Introduced , by Rep. Brad Halbrook SYNOPSIS AS INTRODUCED: New Act New Act Creates the Stop Social Media Censorship Act. Provides that the owner or operator of a social media website that censors or deletes a user's religious or political speech is subject to a private right of action by certain social media website users in this State. Authorizes the recovery of actual damages, statutory damages, and punitive damages. Provides for the award of reasonable attorney's fees and costs. Prohibits a social media website from using alleged hate speech as a defense. Authorizes the Attorney General to bring an action on behalf of social media website users. Defines terms. Effective July 1, 2023. LRB103 30321 SPS 56749 b LRB103 30321 SPS 56749 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3841 Introduced , by Rep. Brad Halbrook SYNOPSIS AS INTRODUCED:
3	3	New Act New Act
4	4	New Act
5	5	Creates the Stop Social Media Censorship Act. Provides that the owner or operator of a social media website that censors or deletes a user's religious or political speech is subject to a private right of action by certain social media website users in this State. Authorizes the recovery of actual damages, statutory damages, and punitive damages. Provides for the award of reasonable attorney's fees and costs. Prohibits a social media website from using alleged hate speech as a defense. Authorizes the Attorney General to bring an action on behalf of social media website users. Defines terms. Effective July 1, 2023.
6	6	LRB103 30321 SPS 56749 b LRB103 30321 SPS 56749 b
7	7	LRB103 30321 SPS 56749 b
8	8	A BILL FOR
9	9	HB3841LRB103 30321 SPS 56749 b HB3841 LRB103 30321 SPS 56749 b
10	10	HB3841 LRB103 30321 SPS 56749 b
11	11	1 AN ACT concerning civil law.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 1. Short title. This Act may be cited as the Stop
15	15	5 Social Media Censorship Act.
16	16	6 Section 5. Definitions. In this Act:
17	17	7 "Algorithm" means a set of instructions designed to
18	18	8 perform a specific task.
19	19	9 "Hate speech" means a phrase concerning content that an
20	20	10 individual finds offensive based on his or her personal moral
21	21	11 code.
22	22	12 "Obscene" means that an average person applying
23	23	13 contemporary community standards would find that, taken as a
24	24	14 whole, the dominant theme of the material appeals to prurient
25	25	15 interests.
26	26	16 "Political speech" means speech relating to the State,
27	27	17 government, body politic, or public administration as it
28	28	18 relates to governmental policymaking. "Political speech"
29	29	19 includes speech by the government or a candidate for office
30	30	20 and any discussion of social issues. "Political speech" does
31	31	21 not include speech concerning the administration, law, or
32	32	22 civil aspects of government.
33	33	23 "Religious speech" means a set of unproven answers, truth
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37	37	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3841 Introduced , by Rep. Brad Halbrook SYNOPSIS AS INTRODUCED:
38	38	New Act New Act
39	39	New Act
40	40	Creates the Stop Social Media Censorship Act. Provides that the owner or operator of a social media website that censors or deletes a user's religious or political speech is subject to a private right of action by certain social media website users in this State. Authorizes the recovery of actual damages, statutory damages, and punitive damages. Provides for the award of reasonable attorney's fees and costs. Prohibits a social media website from using alleged hate speech as a defense. Authorizes the Attorney General to bring an action on behalf of social media website users. Defines terms. Effective July 1, 2023.
41	41	LRB103 30321 SPS 56749 b LRB103 30321 SPS 56749 b
42	42	LRB103 30321 SPS 56749 b
43	43	A BILL FOR
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49	49	New Act
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68	68	1 claims, faith-based assumptions, and naked assertions that
69	69	2 attempt to explain such greater questions as how the world was
70	70	3 created, what constitutes right and wrong actions by humans,
71	71	4 and what happens after death.
72	72	5 "Social media website" means an Internet website or
73	73	6 application that enables users to communicate with each other
74	74	7 by posting information, comments, messages, or images and that
75	75	8 meets all of the following requirements:
76	76	9 (1) is open to the public;
77	77	10 (2) has more than 75,000,000 subscribers; and
78	78	11 (3) from its inception, has not been specifically
79	79	12 affiliated with any one religion or political party.
80	80	13 Section 10. Social media censorship; private right of
81	81	14 action; damages.
82	82	15 (a) The owner or operator of a social media website that
83	83	16 contracts with a social media website user in this State is
84	84	17 subject to a private right of action by such user if the social
85	85	18 media website purposely:
86	86	19 (1) deletes or censors the user's religious speech or
87	87	20 political speech; or
88	88	21 (2) uses an algorithm to disfavor or censor the user's
89	89	22 religious speech or political speech.
90	90	23 (b) A social media website user may be awarded all of the
91	91	24 following damages under this Act:
92	92	25 (1) a minimum of $75,000 in statutory damages per
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103	103	1 purposeful deletion or censorship of the social media
104	104	2 website user's speech;
105	105	3 (2) actual damages;
106	106	4 (3) if aggravating factors are present, punitive
107	107	5 damages; and
108	108	6 (4) other forms of equitable relief.
109	109	7 (c) The prevailing party in an action under this Act may be
110	110	8 awarded costs and reasonable attorney's fees.
111	111	9 (d) A social media website that restores from deletion or
112	112	10 removes the censoring of a social media website user's speech
113	113	11 in a reasonable amount of time may use that fact to mitigate
114	114	12 any damages.
115	115	13 (e) A social media website may not use the social media
116	116	14 website user's alleged hate speech as a basis for
117	117	15 justification or defense of the social media website's actions
118	118	16 at trial.
119	119	17 (f) Only users who are 18 years of age or older have
120	120	18 standing to seek enforcement of this Act.
121	121	19 Section 15. Action by Attorney General. The Attorney
122	122	20 General may bring a civil action under this Act on behalf of a
123	123	21 social media website user who resides in this State and whose
124	124	22 religious speech or political speech has been censored by a
125	125	23 social media website.
126	126	24 Section 20. Inapplicability of Act.
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137	137	1 (a) This Act does not apply to a social media website that
138	138	2 deletes or censors a social media website user's speech or
139	139	3 that uses an algorithm to disfavor or censor speech that:
140	140	4 (1) calls for immediate acts of violence;
141	141	5 (2) is obscene or pornographic in nature;
142	142	6 (3) is the result of operational error;
143	143	7 (4) is the result of a court order;
144	144	8 (5) comes from an inauthentic source or involves false
145	145	9 personation;
146	146	10 (6) entices criminal conduct; or
147	147	11 (7) involves minors bullying minors.
148	148	12 (b) This Act does not apply to a social media website
149	149	13 user's censoring of another social media website user's
150	150	14 speech.
151	151	15 Section 99. Effective date. This Act takes effect July 1,
152	152	16 2023.
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