Bills · 2023-2024 Regular Session
Relating to: prohibiting social media website censorship of journalistic enterprises. (FE)
Damage personal injury Data processing Data processing — Privacy issues Freedom of speech and press Newspaper and magazine
- Introduced, stopped here
- Passes Assembly, not reached
- Passes Senate, not reached
- Governor signs, not reached
- Law, not reached
Unfamiliar terms? Glossary
What this bill does
Plain-language analysis by the nonpartisan Legislative Reference Bureau
This bill prohibits a social media website from censoring, deplatforming, or
shadow banning a journalistic enterprise on the basis of the content of its publication
or broadcast. The bill applies to social media websites or applications that enable
users to communicate with each other and that have more than 150 million users.
The bill defines a “journalistic enterprise” as an entity that publishes more than
10,000 words online with at least 5,000 paid subscribers or 10,000 monthly active
users, publishes more than 100 hours of audio or video online with at least 100
million viewers annually, operates a cable television channel that provides more
than 40 hours of content per week to more than 100,000 cable television subscribers,
or operates under a broadcast license issued by the Federal Communications
Commission.
Under the bill, a social media website must also provide a mechanism for a
journalistic enterprise to request the number of other individual users who were
provided or shown the journalistic enterprise's content or posts, and to provide that
number to the journalistic enterprise upon request.
The bill also allows a journalistic enterprise to bring a private cause of action
against a social media website if the website violates the bill's requirements. The bill
provides that, in a private cause of action, a court may award statutory damages of
up to $100,000 for each proven violation, actual damages, punitive damages if
aggravating factors exist, other forms of equitable relief, and costs and attorney fees.
What it would cost
Fiscal estimates filed by state agencies, as official PDFs
Sponsors
Full history
- Jan 4, 2024 · Assembly
Introduced by Representatives Sortwell, Behnke, Goeben, Murphy, Schmidt and Schraa
- Jan 4, 2024 · Assembly
Read first time and referred to Committee on Consumer Protection
- Feb 6, 2024 · Assembly
Fiscal estimate received
- Apr 15, 2024 · Assembly
Failed to pass pursuant to Senate Joint Resolution 1