2021 -- H 5564

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LC001380

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2021

____________

A N   A C T

RELATING TO COURTS AND CIVIL PROCEDURE -- PROCEDURE IN PARTICULAR

ACTIONS -- SOCIAL MEDIA CENSORSHIP PROTECTION ACT

     Introduced By: Representatives Vella-Wilkinson, Perez, McNamara, Williams, and
Azzinaro

     Date Introduced: February 12, 2021

     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 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 of 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. Prohibition and cause of action.

     (a) No social media website shall:

(1) Delete or censor a social media website user's religious speech or political

     speech; or

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

     (b) A social media user aggrieved by a wrongful violation of subsection (a) of this section,

may file a civil action in any court of competent jurisdiction to obtain relief. An aggrieved party

shall be entitled to recover damages pursuant to § 10-21-4.

     (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.

     10-21-4. Damages.

     (a) In a civil action brought by a social media website user for a violation of § 10-21-3, the

plaintiff social media website user may recover actual damages and injunctive or any other

appropriate relief. For a willful and malicious violation of § 10-21-3, the court may award punitive

damages. Whenever any person or entity is found to have violated § 10-21-3, they shall be liable

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in damages in a sum of not less than seventy-five thousand dollars ($75,000).

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

reasonable attorneys' fees.

     (c) 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

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     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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