Indiana 2022 Regular Session

Indiana Senate Bill SB0274 Compare Versions

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

Old	New	Differences
1	1
2	2	Introduced Version
3	3	SENATE BILL No. 274
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 34-30-2-96.8; IC 37.
7	7	Synopsis: Censorship of digital expression. Prohibits an interactive
8	8	computer service or a social media platform from censoring any user
9	9	of the interactive computer service or social media platform, the
10	10	expression of any user of the interactive computer service or social
11	11	media platform, or the ability of any user of the interactive computer
12	12	service or social media platform to receive the expression of another
13	13	person, based on: (1) the viewpoint of the user or another person; (2)
14	14	the viewpoint represented in the user's expression or another person's
15	15	expression; or (3) the user's geographic location in Indiana. Provides
16	16	for specified exceptions to the prohibition. Provides that an interactive
17	17	computer service or social media platform that violates the prohibition
18	18	with respect to a user of the interactive computer service or social
19	19	media platform is subject to a civil action by the user in which a
20	20	prevailing user is entitled to one or more of the following: (1) A
21	21	declaratory judgment. (2) Injunctive relief. (3) Recovery of the user's
22	22	costs and reasonable and necessary attorney's fees. Provides that an
23	23	interactive computer service or social media platform that willfully
24	24	fails to promptly comply with an order issued by a court in an action
25	25	brought for a violation of the prohibition commits contempt of the
26	26	court, and provides that the court: (1) may impose on the interactive
27	27	computer service or social media platform any penalty authorized for
28	28	contempt of court; and (2) shall impose on the interactive computer
29	29	service or social media platform a civil penalty for each day the
30	30	interactive computer service or social media platform remains in
31	31	noncompliance with the order, in an amount and duration sufficient to
32	32	secure the interactive computer service's or social media platform's
33	33	immediate compliance.
34	34	Effective: July 1, 2022.
35	35	Koch
36	36	January 10, 2022, read first time and referred to Committee on Judiciary.
37	37	2022 IN 274—LS 7027/DI 119 Introduced
38	38	Second Regular Session of the 122nd General Assembly (2022)
39	39	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
40	40	Constitution) is being amended, the text of the existing provision will appear in this style type,
41	41	additions will appear in this style type, and deletions will appear in this style type.
42	42	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
43	43	provision adopted), the text of the new provision will appear in this style type. Also, the
44	44	word NEW will appear in that style type in the introductory clause of each SECTION that adds
45	45	a new provision to the Indiana Code or the Indiana Constitution.
46	46	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
47	47	between statutes enacted by the 2021 Regular Session of the General Assembly.
48	48	SENATE BILL No. 274
49	49	A BILL FOR AN ACT to amend the Indiana Code concerning civil
50	50	rights.
51	51	Be it enacted by the General Assembly of the State of Indiana:
52	52	1 SECTION 1. IC 34-30-2-96.8 IS ADDED TO THE INDIANA
53	53	2 CODE AS A NEW SECTION TO READ AS FOLLOWS
54	54	3 [EFFECTIVE JULY 1, 2022]: Sec. 96.8. IC 37-1-1-12 and
55	55	4 IC 37-1-1-13 (Concerning interactive computer services and social
56	56	5 media platforms).
57	57	6 SECTION 2. IC 37 IS ADDED TO THE INDIANA CODE AS A
58	58	7 NEW TITLE TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2022]:
59	59	8 TITLE 37. CIVIL RIGHTS
60	60	9 ARTICLE 1. CENSORSHIP
61	61	10 Chapter 1. Internet Censorship
62	62	11 Sec. 1. The general assembly finds that:
63	63	12 (1) each person in Indiana has a fundamental interest in the
64	64	13 free exchange of ideas and information, including the freedom
65	65	14 of others to share and receive ideas and information;
66	66	15 (2) this state has a fundamental interest in protecting the free
67	67	16 exchange of ideas and information in Indiana;
68	68	17 (3) interactive computer services and social media platforms
69	69	2022 IN 274—LS 7027/DI 119 2
70	70	1 function as common carriers, are affected with a public
71	71	2 interest, are public accommodations, are central public
72	72	3 forums for public debate, have enjoyed governmental support
73	73	4 in the United States, and have cooperated with government
74	74	5 and party officials to censor opinions and information; and
75	75	6 (4) the interactive computer services and social media
76	76	7 platforms with the largest number of users are, by virtue of
77	77	8 their market dominance, common carriers.
78	78	9 Sec. 2. (a) This chapter applies only with regard to a user (as
79	79	10 defined by section 10 of this chapter) who:
80	80	11 (1) currently resides in Indiana;
81	81	12 (2) does business in Indiana; or
82	82	13 (3) shares or receives expression in Indiana.
83	83	14 (b) This chapter applies only with regard to expression to the
84	84	15 extent the expression is shared or received in Indiana.
85	85	16 (c) This chapter applies only to an interactive computer service
86	86	17 or social media platform that is open to the public and that
87	87	18 functionally has more than fifty million (50,000,000) active users in
88	88	19 the United States in a calendar month.
89	89	20 Sec. 3. As used in this chapter, "censor" means:
90	90	21 (1) any action taken to edit, alter, block, ban, delete, remove,
91	91	22 deplatform, demonetize, de-boost, regulate, restrict, inhibit
92	92	23 the publication or reproduction of, deny equal access or
93	93	24 visibility to, or otherwise discriminate against expression; and
94	94	25 (2) any action taken to inhibit or restrict the ability of a user
95	95	26 to be viewed by or to interact with another user of the
96	96	27 platform and any other action taken to block, ban, remove,
97	97	28 suspend a right to post, demonetize, restrict, deplatform, or
98	98	29 otherwise discriminate against the user.
99	99	30 Sec. 4. As used in this chapter, "expression" means any words,
100	100	31 numbers, music, sound, still or moving image, or other perceivable
101	101	32 communication.
102	102	33 Sec. 5. (a) As used in this chapter, except as provided in
103	103	34 subsection (b), "interactive computer service" means an
104	104	35 information service, system, or software provider that provides or
105	105	36 enables computer access by multiple users to a computer server.
106	106	37 (b) The term does not include an Internet service provider.
107	107	38 Sec. 6. As used in this chapter, "Internet service provider"
108	108	39 means a company to the extent the company provides subscribers
109	109	40 and consumers with access to the Internet.
110	110	41 Sec. 7. As used in this chapter, with respect to expression,
111	111	42 "receive" means to read, hear, view, access, or gain access to the
112	112	2022 IN 274—LS 7027/DI 119 3
113	113	1 expression.
114	114	2 Sec. 8. (a) As used in this chapter, "social media platform"
115	115	3 means an Internet search engine, Internet web site, Internet
116	116	4 system, software provider, or software application that is open to
117	117	5 the public, allows a person to create a user account, and enables
118	118	6 users to communicate with one another for the primary purpose of
119	119	7 disseminating expression.
120	120	8 (b) The term does not include:
121	121	9 (1) an Internet service provider;
122	122	10 (2) an electronic mail provider or service; or
123	123	11 (3) an Internet web site, service, or application:
124	124	12 (A) that consists primarily of news, sports, entertainment,
125	125	13 or other information or content that:
126	126	14 (i) is not generated by users of the Internet web site,
127	127	15 service, or application; and
128	128	16 (ii) is preselected for dissemination by the owner or
129	129	17 operator of the Internet web site, service, or application;
130	130	18 and
131	131	19 (B) for which any interactive functionality that allows
132	132	20 dissemination of expression by users of the Internet web
133	133	21 site, service, or application is incidental to, directly related
134	134	22 to, or dependent on dissemination of the content described
135	135	23 in clause (A).
136	136	24 Sec. 9. As used in this chapter, "unlawful expression" means
137	137	25 expression that is:
138	138	26 (1) unlawful; or
139	139	27 (2) tortious;
140	140	28 under the constitution or laws of the United States and the State of
141	141	29 Indiana.
142	142	30 Sec. 10. As used in this chapter, with regard to an interactive
143	143	31 computer service or social media platform, "user" means a person
144	144	32 who disseminates or receives expression through the interactive
145	145	33 computer service or social media platform.
146	146	34 Sec. 11. Subject to section 12 of this chapter:
147	147	35 (1) an interactive computer service may not censor a user of
148	148	36 the interactive computer service, the expression of a user of
149	149	37 the interactive computer service, or the ability of a user of the
150	150	38 interactive computer service to receive the expression of
151	151	39 another person, based on:
152	152	40 (A) the viewpoint:
153	153	41 (i) of the user or another person; or
154	154	42 (ii) represented in the user's expression or another
155	155	2022 IN 274—LS 7027/DI 119 4
156	156	1 person's expression;
157	157	2 regardless of whether the viewpoint is expressed through
158	158	3 the interactive computer service or elsewhere; or
159	159	4 (B) the user's geographic location in Indiana; and
160	160	5 (2) a social media platform may not censor a user of the social
161	161	6 media platform, the expression of a user of the social media
162	162	7 platform, or the ability of a user of the social media platform
163	163	8 to receive the expression of another person, based on:
164	164	9 (A) the viewpoint:
165	165	10 (i) of the user or another person; or
166	166	11 (ii) represented in the user's expression or another
167	167	12 person's expression;
168	168	13 regardless of whether the viewpoint is expressed through
169	169	14 the interactive computer service or elsewhere; or
170	170	15 (B) the user's geographic location in Indiana.
171	171	16 Sec. 12. (a) This chapter does not prohibit an interactive
172	172	17 computer service or a social media platform from doing any of the
173	173	18 following:
174	174	19 (1) Censoring expression that the interactive computer service
175	175	20 or social media platform is specifically authorized by federal
176	176	21 law to censor.
177	177	22 (2) Censoring unlawful expression, including expression that
178	178	23 unlawfully harasses individuals or that unlawfully incites
179	179	24 violence.
180	180	25 (3) Doing any of the following at the express, specific, and
181	181	26 active request of a user:
182	182	27 (A) Limiting the user's reception of obscene, lewd,
183	183	28 lascivious, filthy, excessively violent, harassing, or
184	184	29 otherwise objectionable expression.
185	185	30 (B) Authorizing the user or facilitating the user's ability, at
186	186	31 the user's discretion, to limit access through the user's own
187	187	32 page, platform, or account to expression that is obscene,
188	188	33 lewd, lascivious, filthy, excessively violent, harassing, or
189	189	34 otherwise objectionable.
190	190	35 (4) Merely providing expression to a user in a particular
191	191	36 instance in response to that user's express request in that
192	192	37 particular instance for expression limited on the basis of
193	193	38 viewpoint or geographic location.
194	194	39 (5) Disseminating the interactive computer service's or social
195	195	40 media platform's own expression through the interactive
196	196	41 computer service or social media platform, except to the
197	197	42 extent that the dissemination of the interactive computer
198	198	2022 IN 274—LS 7027/DI 119 5
199	199	1 service's or social media platform's expression is done in a
200	200	2 manner that:
201	201	3 (A) delays or otherwise:
202	202	4 (i) diminishes the visibility of; or
203	203	5 (ii) denies equal access to;
204	204	6 expression; or
205	205	7 (B) otherwise censors expression;
206	206	8 on the basis of viewpoint or geographic location in violation
207	207	9 of this chapter.
208	208	10 (b) This chapter does not subject an interactive computer
209	209	11 service or a social media platform to any cause of action or liability
210	210	12 to the extent that the interactive computer service or a social media
211	211	13 platform is protected from the causes of action or liability under
212	212	14 federal law.
213	213	15 Sec. 13. (a) A user may bring a civil action against an interactive
214	214	16 computer service or social media platform for a violation of this
215	215	17 chapter committed by the interactive computer service or social
216	216	18 media platform with respect to the user.
217	217	19 (b) Except as provided in subsection (c), if a court finds that an
218	218	20 interactive computer service or social media platform has violated
219	219	21 this chapter with respect to the user, the user is entitled to one (1)
220	220	22 or more of the following:
221	221	23 (1) Declaratory relief under IC 34-14-1.
222	222	24 (2) Injunctive relief.
223	223	25 (3) Recovery of costs and reasonable and necessary attorney's
224	224	26 fees incurred by the user in bringing the civil action.
225	225	27 (c) An interactive computer service or social media platform is
226	226	28 not subject to liability under this chapter for an act for which the
227	227	29 interactive computer service or social media platform is protected
228	228	30 from causes of action or liability under federal law.
229	229	31 (d) Nonmutual issue preclusion and nonmutual claim preclusion
230	230	32 are not defenses to an action brought under this section.
231	231	33 (e) Notwithstanding any other law to the contrary, this chapter:
232	232	34 (1) may be enforced only in a private civil action as provided
233	233	35 under this section; and
234	234	36 (2) may not be enforced by a state or local government entity.
235	235	37 Sec. 14. (a) An interactive computer service or social media
236	236	38 platform that willfully fails to promptly comply with an order
237	237	39 issued by a court in a civil action under section 13 of this chapter
238	238	40 commits contempt of court under IC 34-47-3-1.
239	239	41 (b) A court that finds an interactive computer service or social
240	240	42 media platform guilty of contempt of court under subsection (a):
241	241	2022 IN 274—LS 7027/DI 119 6
242	242	1 (1) may impose on the interactive computer service or social
243	243	2 media platform any penalty authorized for contempt of court
244	244	3 under IC 34-47-3; and
245	245	4 (2) shall impose on the interactive computer service or social
246	246	5 media platform a civil penalty:
247	247	6 (A) for each day the interactive computer service or social
248	248	7 media platform remains in noncompliance with the order;
249	249	8 and
250	250	9 (B) in an amount and duration sufficient to secure the
251	251	10 interactive computer service's or social media platform's
252	252	11 immediate compliance.
253	253	12 Sec. 15. (a) A waiver or purported waiver of a person's right to
254	254	13 bring a civil action under section 13 of this chapter is void as
255	255	14 unlawful and against public policy.
256	256	15 (b) A court or arbitrator may not enforce or give effect to a
257	257	16 waiver described in subsection (a) regardless of any contractual or
258	258	17 other agreement to the waiver by the person.
259	259	18 (c) The waiver prohibition under subsections (a) and (b) is a
260	260	19 public policy limitation on contractual and other waivers of the
261	261	20 highest importance and interest to the State of Indiana, and the
262	262	21 State of Indiana shall exercise and enforce this limitation to the full
263	263	22 extent permitted by the constitutions and laws of the United States
264	264	23 and the State of Indiana.
265	265	24 Sec. 16. This chapter may not be construed to limit or expand
266	266	25 intellectual property law.
267	267	26 Sec. 17. (a) This chapter applies to the maximum extent
268	268	27 permitted by the constitutions and laws of the United States and
269	269	28 the State of Indiana, but no further than the maximum extent
270	270	29 permitted by the constitutions and laws of the United States and
271	271	30 the State of Indiana.
272	272	31 (b) This chapter may not be construed to apply to cases in which
273	273	32 this chapter would violate the dormant Commerce Clause doctrine
274	274	33 enunciated by the Supreme Court of the United States.
275	275	34 Sec. 18. (a) The provisions, sections, subsections, clauses, and
276	276	35 items of this chapter are severable in the manner provided in
277	277	36 IC 1-1-1-8(b).
278	278	37 (b) If a court finds a provision, section, subsection, clause, or
279	279	38 item of this chapter to be invalid or unconstitutional, the provision,
280	280	39 section, subsection, clause, or item, to the extent the provision,
281	281	40 section, subsection, clause, or item is applicable in a manner that
282	282	41 is valid and constitutional, remains in effect.
283	283	42 (c) If an application of a provision, section, subsection, clause,
284	284	2022 IN 274—LS 7027/DI 119 7
285	285	1 or item of this chapter to a person, group of persons, or
286	286	2 circumstance is found by a court to be invalid or unconstitutional,
287	287	3 the provision, section, subsection, clause, or item, as applicable to
288	288	4 all other persons, groups of persons, and circumstances, remains
289	289	5 in effect.
290	290	2022 IN 274—LS 7027/DI 119