2019 -- H 5500

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LC001232

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2019

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A N   A C T

RELATING TO COURTS AND CIVIL PROCEDURE - PROCEDURE IN PARTICULAR

ACTIONS - SOCIAL MEDIA CENSORSHIP PROTECTION ACT

     Introduced By: Representative Justin Price

     Date Introduced: February 14, 2019

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Title 10 of the General Laws entitled "COURTS AND CIVIL

PROCEDURE - PROCEDURE IN PARTICULAR ACTIONS" is hereby amended by adding

thereto the following chapter:

CHAPTER 21

SOCIAL MEDIA CENSORSHIP PROTECTION ACT

     10-21-1. Legislative findings.

     The state has a compelling interest to hold certain social media websites to higher

standards for having substantially created a digital public square. The state has an interest in

helping its citizens enjoy their free exercise rights in certain semi-public forums commonly used

for religious and political speech.

     10-21-2. Definitions.

     As used in this chapter:

     (1) "Algorithm" means a set of instructions designed to perform a specific task;

     (2) "Hate speech" means a phrase concerning content that an individual arbitrarily finds

offensive based on his or her personal moral code;

     (3) "Obscene" means that to the average person, applying contemporary community

standards, the dominant theme of the material taken as a whole appeals to prurient interest;

     (4)(i) "Political speech" means speech relating to:

     (A) The state;

     (B) The government;

     (C) The body politic;

     (D) Public administration; or

     (E) Government policy making.

     (ii) "Political speech" includes speech by the government or candidates for office and any

discussion of social issues.

     (iii) "Political speech" does not include speech concerning the administration or the law

of or relating to the civil aspects of government;

     (5) "Religious speech" means a set of unproven answers, truth claims, faith-based

assumptions, and naked assertions that attempt to explain the greater questions like how things

were created, what humans should or should not be doing, and what happens after death; and

     (6) "Social media website" means a website or application that enables users to

communicate with each other by posting information, comments, messages, or images and:

     (i) Is open to the public;

     (ii) Has more than seventy-five million (75,000,000) subscribers; and

     (iii) Has not been specifically affiliated with any one religion or political party from its

inception.

      10-21-3. Cause of action.

     The owner or operator of a social media website who contracts with users in this state is

subject to a private right of action by a social media website user if the social media website

purposely:

     (1) Deletes or censors a social media website user's religious speech or political speech;

or

     (2) Uses an algorithm to suppress political speech or religious speech.

     10-21-4. Damages.

     (a) Damages available to a social media website user under this section include without

limitation:

     (1) A minimum of seventy-five thousand dollars ($75,000) per purposeful deletion or

censoring of the social media website user's speech in statutory damages;

     (2) Actual damages;

     (3) Punitive damages if aggravating factors are present; and

     (4) Other forms of equitable relief.

     (b) The prevailing party in a cause of action under this section may be awarded costs and

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reasonable attorneys' fees.

     (c) A social media website that restores from deletion or removes the censoring of a

social media website user's speech in a reasonable amount of time may use that fact to mitigate

any damages.

     (d) A social media website may not use the social media website's user's alleged hate

speech as a basis for justification or defense to the social media website's actions at trial.

     10-21-5. Exemptions.

     (a) A social media website is immune from liability under this chapter if it deletes or

censors a social media website user's speech or uses an algorithm to disfavor or censure speech

that:

     (1) Calls for immediate acts of violence;

     (2) Is obscene or pornographic in nature;

     (3) Was the result of operational error;

     (4) Was the result of a court order;

     (5) Came from an inauthentic source or involved false impersonation;

     (6) Enticed criminal conduct; or

     (7) Involved minors bullying minors.

     (b) A social media website is not liable under this chapter for a social media website

user's censoring of another social media website user's speech.

     10-21-6. Standing.

     (a) Only users who are over eighteen (18) years old have standing to enforce this chapter.

     (b) The attorney general may also bring a civil cause of action under this chapter on

behalf of social media website users who reside in this state whose religious speech or political

speech has been censored by a social media website.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO COURTS AND CIVIL PROCEDURE - PROCEDURE IN PARTICULAR

ACTIONS - SOCIAL MEDIA CENSORSHIP PROTECTION ACT

***

     This act would prohibit certain social media companies from censoring users speech by

either removal of the user's speech or using algorithms to prevent the user's speech.

     This act would take effect upon passage.

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