MISSISSIPPI LEGISLATURE
2022 Regular Session
To: Judiciary B
By: Representatives Owen, Ford (73rd), McLean
AN ACT TO CREATE THE "SOCIAL MEDIA ACCOUNTABILITY, RESPONSIBILITY AND TRANSPARENCY ACT OF 2022", RELATING TO CENSORSHIP OR CERTAIN OTHER INTERFERENCES WITH DIGITAL EXPRESSION, INCLUDING EXPRESSION ON SOCIAL MEDIA PLATFORMS; TO ESTABLISH LEGISLATIVE FINDINGS; TO DEFINE TERMINOLOGY; TO REQUIRE A SOCIAL MEDIA PLATFORM TO PUBLISH AN ACCEPTABLE USE POLICY IN A LOCATION ON ITS WEBSITE THAT IS DISTINCTLY NOTICEABLE TO AND EASILY ACCESSIBLE BY USERS; TO SPECIFY THE MINIMUM REQUIREMENTS OF THE ACCEPTABLE USE POLICY; TO REQUIRE A SOCIAL MEDIA PLATFORM TO PUBLISH AN ANNUAL TRANSPARENCY REPORT FOR THE PRECEDING TWELVE-MONTH PERIOD AS A COMPONENT OF ITS ACCEPTABLE USE POLICY; TO REQUIRE A SOCIAL MEDIA PLATFORM TO PROVIDE AN EASILY ACCESSIBLE ELECTRONIC COMPLAINT SYSTEM ON ITS WEBSITE; TO STIPULATE THE PROCEDURES TO BE FOLLOWED BY A SOCIAL MEDIA PLATFORM AFTER REMOVING CONTENT FROM ITS PLATFORM WHICH VIOLATES ITS ACCEPTABLE USE POLICY; TO REMOVE THE REQUIREMENT FOR SOCIAL MEDIA PLATFORMS TO PROVIDE NOTICE OR AN OPPORTUNITY TO APPEAL AFTER REASONABLE EFFORTS WERE MADE TO CONTACT WITH THE USER; TO PRESCRIBE THE PROCEDURES TO BE FOLLOWED BY A SOCIAL MEDIA PLATFORM IF A USER FILES A COMPLAINT AGAINST THE PLATFORM FOR REMOVAL OF CONTENT THE USER BELIEVES IS NOT IN VIOLATION OF THE PLATFORM'S ACCEPTABLE USE POLICY; TO AUTHORIZE THE ATTORNEY GENERAL TO BRING AN ACTION TO ENJOIN A SOCIAL MEDIA PLATFORM FOR FAILURE TO COMPLY WITH THE PROVISIONS OF THIS ACT AND TO RECOVER COSTS FOR BRINGING THE ACTION IF THE INJUNCTION IS GRANTED; TO PROVIDE THAT THE PROVISIONS OF THIS ACT ARE SEVERABLE; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. This act shall be known and may be cited as the "Social Media Accountability, Responsibility and Transparency Act of 2022."
SECTION 2. The Legislature finds:
(a) Each person in this state has a fundamental interest in the free exchange of ideas and information, including the freedom of others to share and receive ideas and information;
(b) This state has a fundamental interest in protecting the free exchange of ideas and information in this state;
(c) Social media platforms are affected with a public interest, and are central public forums for public debate.
SECTION 3. As used in this act, the following words and phrases shall have the meanings ascribed in this section, unless context clearly requires otherwise:
(a) "Social media platform" means an Internet website or application that is open to the public, allows a user to create an account, and enables users to communicate with other users for the primary purpose of posting information, comments, messages or images. The term does not include:
(i) An Internet service provider;
(ii) Electronic mail; or
(iii) An online service, application, or website:
1. That consists primarily of news, sports, entertainment or other information or content that is not user generated but is preselected by the provider; and
2. For which any chat, comments or interactive functionality is incidental to, directly related to, or dependent on the provision of the content described by this act.
(b) "User" means a person, who resides in or is domiciled in this state, who posts, uploads, transmits, shares or otherwise publishes or receives content through a social media platform. The term includes a person who has a social media platform account that the social media platform has disabled or locked.
SECTION 4. (1) A social media platform shall publish an acceptable use policy in a location on its website that is distinctly noticeable to and easily accessible by a user. A social media platform's acceptable use policy must:
(a) Reasonably inform users about the types of content allowed on the social media platform;
(b) Explain the steps the social media platform will take to ensure content complies with the policy;
(c) Explain the means by which users can notify the social media platform of content that potentially violates the acceptable use policy, illegal content or illegal activity which includes:
(i) A complaint system; and
(ii) An email address or relevant complaint intake mechanism to handle user complaints; and
(d) Include publication of an annual transparency report on its website outlining actions taken to enforce the policy.
(2) As part of a social media platform's acceptable use policy, the social media platform shall publish an annual transparency report that includes, with respect to the preceding twelve-month period:
(a) The total number of instances in which the social media platform was alerted to illegal content, illegal activity or potentially policy-violating content discussing political, religious or cultural matters by:
(i) A user complaint;
(ii) An employee of or person contracting with the social media platform; or
(iii) An internal automated detection tool;
(b) The number of instances in which the social media platform took action with respect to illegal content, illegal activity, or potentially policy-violating content discussing political, religious or cultural matters known to the platform due to the nature of the content as illegal content, illegal activity or potentially policy-violating content, including:
(i) Content removal;
(ii) Content demonetization;
(iii) Content deprioritization;
(iv) The addition of an assessment to content;
(v) Account suspension;
(vi) Account removal; or
(vii) Any other action taken in accordance with the platform's acceptable use policy;
(c) The number of instances in which a user appealed the decision to remove the user's potentially policy-violating content;
(d) The percentage of appeals that resulted in the restoration of content; and
(e) A description of each tool, practice, action or technique used in enforcing the acceptable use policy.
SECTION 5. A social media platform shall provide, on its website, an easily accessible electronic complaint system to enable a user to submit a complaint in good faith and track the status of the complaint, including a complaint regarding:
(a) Illegal content or activity; or
(b) A decision made by the social media platform to remove content posted by the user.
SECTION 6. (1) Except as provided by subsection (2) of this section, if a social media platform removes content discussing political, religious or cultural matters based on a violation of the platform's acceptable use policy, the social media platform shall, concurrently with the removal:
(a) Notify the user who provided the content of the removal and explain the reason the content was removed;
(b) Allow the user to appeal the decision to remove the content to the platform; and
(c) Provide written notice to the user who provided the content the determination regarding an appeal.
(2) A social media platform is not required to provide a user with notice or an opportunity to appeal if the social media platform is unable to contact the user after taking reasonable steps to make contact or knows that the potentially policy-violating content constitutes an immediate emergency or relates to an ongoing law enforcement investigation.
SECTION 7. If a social media platform receives a user complaint on the social media platform's removal, from the platform, of content discussing political, religious or cultural matters provided by the user that the user believes was not potentially policy-violating content, the social media platform shall, not later than the fourteenth business day, excluding Saturdays, Sundays and nationally observed holidays, after the date the platform receives the complaint:
(a) Review the content;
(b) Determine whether the content adheres to the platform's acceptable use policy;
(c) Take appropriate steps based on the determination; and
(d) Notify the user regarding the determination made and the steps taken to reach the determination.
SECTION 8. (1) The Attorney General may bring an action against a social media platform to enjoin a platform not in compliance with this chapter.
(2) If an injunction is granted in an action brought under subsection (3) of this section, the Attorney General may recover costs incurred in bringing the action, including reasonable attorney's fees and reasonable investigative costs.
(3) Any person may notify the Attorney General of a violation or potential violation of this chapter by a social media platform.
SECTION 9. This act may not be construed to limit or expand intellectual property law.
SECTION 10. If any provision of this act or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this act which can be given effect without the invalid provision or application, and to this end the provisions of this act are severable.
SECTION 11. This act shall take effect and be in force from and after July 1, 2022.