Mississippi Senate Bill SB2853

Mississippi 2022 Regular Session

• Introduced: 1/17/22
• Refer: 1/17/22
• Failed: 2/1/22

Caption

Cyberstalking; authorize injunction when criminal charges filed.

Impact

If enacted, SB2853 will significantly affect state laws surrounding cyberstalking and online communication practices. By clarifying the grounds for issuing injunctions, the bill aims to provide victims of online harassment with more robust legal remedies. Courts may now consider prior criminal charges as pertinent to determining whether a defendant's actions breach social media standards, thereby potentially increasing accountability for harmful online speech.

Summary

Senate Bill 2853 seeks to enhance protections against harassment and cyberstalking by enabling courts to issue injunctions based on evidence showing violations of social media companies' community standards. This bill mandates that a court of original jurisdiction must issue an injunction if a plaintiff can prove that a defendant violated a social media platform's policies within their communications. This marks a significant step in the legal approach to combating online harassment through clearer mechanisms for sanctioning inappropriate behaviors on digital platforms.

Contention

The bill includes provisions that have raised concerns regarding the potential for overreach and the implications for free speech. Critics of SB2853 argue that it may infringe upon lawful expression and communication by expanding the scope of what could be deemed harmful under social media policies. There are fears that the criteria for issuing injunctions could be broadly interpreted, potentially leading to unjust penalties against individuals expressing their opinions online. Supporters, however, assert that the bill is necessary to combat rampant cyberbullying and harassment, asserting that it provides a balanced approach by including only verified instances of harmful communication.