MISSISSIPPI LEGISLATURE
2022 Regular Session
To: Technology
By: Senator(s) Carter
AN ACT TO CREATE THE "SOCIAL MEDIA ACCOUNTABILITY, RESPONSIBILITY, AND TRANSPARENCY ACT OF 2022" RELATING TO CENSORSHIP OR CERTAIN OTHER INTERFERENCE WITH DIGITAL EXPRESSION, INCLUDING EXPRESSION ON SOCIAL MEDIA PLATFORMS; TO DECLARE THE FINDINGS OF THE LEGISLATURE; TO ENACT DEFINITIONS; TO REQUIRE AN ACCEPTABLE USE POLICY THAT MUST BE PUBLISHED. TO REQUIRE AN ANNUAL TRANSPARENCY REPORT THAT MUST BE PUBLISHED; TO REQUIRE AN ACCESSIBLE COMPLAINT SYSTEM; TO REQUIRE THAT COMPLAINTS BE CONSIDERED AND ADDRESSED; TO REQUIRE AN APPEALS SYSTEM; TO REQUIRE NOTIFICATION TO USERS CONCERNING REMOVED CONTENT; TO AUTHORIZE RECOVERY OF COSTS BY THE ATTORNEY GENERAL INCURRED IN ENFORCEMENT OF THIS ACT; TO INSULATE THE ACT FROM INTELLECTUAL PROPERTY LAW; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) This section shall be known and may be cited as the "Social Media Accountability, Responsibility, and Transparency Act of 2022."
(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 of public interest, are central public forums for public debate, and have enjoyed governmental support in the United States.
(3) As used in this section, the following words and phrases shall have the following meanings, unless the 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 section.
(b) "User" means a person 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.
(4) A social media platform must publish an acceptable use policy in a location on its website that is easily accessible to 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) An email address or relevant complaint intake mechanism to handle user complaints; and
(ii) A complaint system; and
(d) Include publication of an annual transparency report outlining actions taken to enforce the policy.
(5) As part of a social media platform's acceptable use policy, the social media platform must 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;
account suspension;
(v) Account removal; or
(vi) Any other action taken in accordance with the platform's acceptable use policy;
(c) The country of the user who provided the content for each instance described by paragraph (b) of this subsection;
(d) The number of coordinated campaigns, if applicable;
(e) The number of instances in which a user appealed the decision to remove the user 's potentially policy-violating content;
(f) The percentage of appeals that resulted in the restoration of content; and
(g) A description of each tool, practice, action or technique used in enforcing the acceptable use policy.
(6) The information described by subsection (5) of this section must be categorized by:
(a) The rule violated; and
(b) The source for the alert of illegal content, illegal activity, or potentially policy-violating content, including:
(i) A government;
(ii) A user;
(iii) An internal automated detection tool;
(iv) Coordination with other social media platforms; or
(v) Persons employed by or contracting with the platform.
(7) A social media platform must publish the information
described by subsection (6) of this section with an open license, in a machine-readable and open format, and in a location on its website so that it is easily accessible to users.
(8) A social media platform must 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.
(9) A social media platform that receives notice of illegal content or illegal activity discussing political, religious or cultural matters on the social media platform must make a good faith effort to evaluate the legality of the content or activity within forty-eight (48) hours of receiving the notice, excluding hours during a Saturday or Sunday and subject to reasonable exceptions based on concerns about the legitimacy of the notice.
(10) Except as provided by subsection (11) 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 must, 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 of the determination regarding an appeal to the user who provided the content.
(11) 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 relates to an ongoing law enforcement investigation.
(12) 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 must, not later than the fourteenth day, excluding Saturdays and Sundays, 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.
(13) The attorney general may bring an action against a social media platform to enjoin a platform not in compliance with this chapter.
(14) If an injunction is granted in an action brought under subsection (13) of this section, the attorney general may recover costs incurred in bringing the action, including reasonable attorney's fees and reasonable investigative costs.
(15) This section may not be construed to limit or expand intellectual property law.
(16) Any person may notify the attorney general of a violation or potential violation of this chapter by a social media platform.
(17) The Legislature further declares that it would have enacted this section and each provision, section, subsection, paragraph, subparagraph, item, sentence, clause, phrase or word, and all constitutional applications of this section, irrespective of the fact that any part of this section were to be declared unconstitutional.
SECTION 2. This act shall take effect and be in force from and after July 31, 2022.