New Jersey Assembly Bill A3413

New Jersey 2022-2023 Regular Session

• Introduced: 3/7/22
• Refer: 3/7/22

Caption

Prohibits selective suspension of candidates for elective office by social media websites.

Impact

The enactment of A3413 would create significant implications for state laws governing digital platforms and campaign conduct. It would require social media companies with substantial operations in New Jersey to adopt measures that ensure candidates can operate freely on their platforms. Such measures would likely involve adjusting algorithms and practices surrounding the moderation of political content. Moreover, the bill introduces penalties for violations, including fines amounting to $250,000 per day for affected statewide candidate violations, representing a considerable financial risk for non-compliance.

Summary

Assembly Bill A3413 aims to address the issue of selective suspension of candidates for elective office by social media platforms in New Jersey. The bill prohibits social media websites from willfully suspending candidates once they are recognized by the platform as candidates for office. This prohibition remains in effect from the date of their qualification until the election's conclusion or until they no longer are candidates. It expresses a growing concern regarding the influence of social media in political discourse, aiming to ensure fairness and opportunity for candidates to engage with voters without fear of being silenced or removed from these platforms during critical election periods.

Contention

The bill's provisions are expected to spark debate regarding the balance between moderation policies employed by social media companies and candidates' rights. Supporters of A3413 may argue that it is essential for ensuring that candidates are not unjustly silenced while critics may express concerns regarding the potential challenges this poses to content moderation efforts. Additionally, the definitions and thresholds set forth for what constitutes a social media website suggest a focus on regulating larger platforms, which could raise questions about equitable treatment among smaller entities. The discourse around the bill will likely reflect broader tensions in how society navigates freedom of speech and the role of technology in democracy.