SB525: Bill Text

SB525,4,20 2. Has at least 20,000 global users who use the social media platform per month.

SB525,4,24 (i) “User" means a person who has an account on a social media platform, regardless of whether the person posts or has posted content or material to the social media platform, and who, unless modified by the term “global,” resides or is domiciled in this state.

SB525,4,25 (2) Requirements. A social media platform shall do all of the following:

SB525,5,3 (a) Publish the standards, including detailed definitions, that it uses or has used for determining how to censor, deplatform, and shadow ban users on the platform.

SB525,5,5 (b) Apply censorship, deplatforming, and shadow banning standards in a consistent manner among its users on the platform.

SB525,5,7 (c) Inform each user about any changes to its user rules, terms, and agreements before implementing the changes.

SB525,5,10 (d) Provide a mechanism for a user to request the number of other global users who were provided or shown the user's content or posts and provide that number to the user upon request.

SB525,5,14 (e) Categorize algorithms used for post prioritization and shadow banning and allow users to opt out of post prioritization and shadow banning algorithm categories, including to allow users to view posts and content sequentially or chronologically.

SB525,5,17 (f) Provide users with an annual notice on the use of algorithms for post prioritization and shadow banning and annually offer the opt-out opportunity under par. (e).

SB525,5,20 (g) Allow a user who has been deplatformed to access or retrieve all of the user's information, content, material, and data for at least 60 days after being deplatformed.

SB525,5,23 (h) Provide users with a method to self-identify as candidates or elected officials. A social media platform may confirm an identification as a candidate by reviewing the Internet site of the elections commission.

SB525,5,24 (3) Prohibitions. A social media platform may not do any of the following:

SB525,6,9 (a) Knowingly censor a user's content or material or knowingly deplatform a user from the social media platform without notifying the user who posted or attempted to post the content or material, except that a social media platform is not required to notify a user if the censored content or material constitutes obscene material, as defined in s. 944.21 (2) (c), or a credible threat, as defined in s. 947.013 (1) (b). An action by a social media platform employee creates a rebuttable presumption that the social media platform acted knowingly under this paragraph. A notification under this paragraph shall comply with all of the following requirements:

SB525,6,10 1. The notice shall be in writing.

SB525,6,12 2. The notice shall be delivered by electronic mail or direct electronic notification to the user within 30 days after the censoring action.

SB525,6,14 3. The notice shall include a thorough explanation of the reason that the social media platform censored the user.

SB525,6,18 4. The notice shall include a precise and thorough explanation of how the social media platform became aware of the censored content or material, including a thorough explanation of the algorithms used, if any, to identify or flag the user's content or material as objectionable.

SB525,6,22 (b) Knowingly censor a user's content or material or knowingly deplatform a user from the social media platform in a way that violates this section. An action by a social media platform employee creates a rebuttable presumption that the social media platform acted knowingly under this paragraph.

SB525,6,24 (c) Make changes to its user rules, terms, and agreements more than once every 30 days.

SB525,7,15 (d) Apply or use post prioritization on content or material posted by or about, or knowingly take any action to censor, deplatform, or shadow ban, a user who is known by the social media platform to be a candidate or elected official, except that a social media platform is not prohibited from censoring content or material that constitutes obscene material, as defined in s. 944.21 (2) (c), or a credible threat, as defined in s. 947.013 (1) (b). This prohibition applies only to official pages, accounts, profiles, or handles relating to a candidate's campaign or an elected official's office and does not apply to any personal pages, accounts, profiles, or handles. For a candidate, this prohibition shall begin from the date of qualification as a candidate and end on the date of the election or the date the candidate ceases to be a candidate before the date of election. An action by a social media platform employee creates a rebuttable presumption that the social media platform acted knowingly under this paragraph. Post prioritization of certain content or material from or about a candidate or elected official based on payments to the social media platform by such candidate or elected official or by a 3rd party is not a violation of this paragraph.

SB525,7,17 (4) Private cause of action. (a) A user may bring a private cause of action for violations of sub. (2) or (3).

SB525,7,19 (b) In a private cause of action brought under this subsection, the court may award any of the following damages to the user:

SB525,7,24 1. Statutory damages of not more than $250,000 for each proven claim involving statewide candidates and elected officials; not more than $200,000 for each proven claim involving other candidates and elected officials; and not more than $100,000 for each proven claim involving a user that is not a candidate or elected official.

SB525,7,25 2. Actual damages.

SB525,8,1 3. If aggravating factors are present, punitive damages.

SB525,8,2 4. Other forms of equitable relief.

SB525,8,3 5. Costs and, notwithstanding s. 814.04 (1), reasonable attorney fees.

SB525,8,5 (c) Each violation of sub. (2) or (3) shall be treated as a separate violation, and each day of violation constitutes a separate offense.

SB525,8,7 (5) Unfair trade practices. A violation of sub. (2) or (3) is an unfair trade practice under s. 100.20.

SB525,8,9 (6) Other state laws. This section may be enforced notwithstanding any other provision of state law.

SB525,2 Section 2. Effective date.

SB525,8,12 (1) This act takes effect on the first day of the 7th month beginning after publication.

SB525,8,13 (End)