Censorship of social media; creating cause of action for censorship of certain speech. Effective date.
The bill significantly impacts state laws concerning freedom of speech, particularly related to how social media companies can manage content on their platforms. It introduces a cause of action for users whose political or religious speech is censored, empowering users and potentially leading to an increase in lawsuits against social media companies. Importantly, the bill also clarifies that only users aged eighteen and older can initiate these actions, creating a designated group of individuals who can assert their rights under this law.
Senate Bill 977, also known as the Censorship of Social Media Act, aims to protect users from the deletion or censorship of their political and religious speech on social media platforms. The bill defines specific terms related to speech and censorship, including 'algorithm', 'hate speech', and 'political speech'. It establishes a legal framework allowing users to sue social media websites that intentionally censor their speech or use algorithms to suppress it. Victims of such censorship can seek damages that include a minimum of $75,000 per incident, along with other forms of relief and the possibility of recovering attorney fees.
Notably, the bill presents points of contention regarding the limits of free speech versus the need for platforms to moderate harmful content. Critics argue that the definitions within the bill, particularly what constitutes 'hate speech' and what is deemed 'obscene', may lead to confusion and excessive legal challenges, ultimately stifling platforms' ability to create safe environments for discourse. Additionally, the immunity clauses for social media websites under specific circumstances—such as when content incites violence or is obscene—may create grey areas in enforcement, prompting debates over the balance of user protection and platform accountability.