House Bill 725

AN ACT TO REGULATE SOCIAL MEDIA PLATFORMS IN ELECTIONS; TO PROVIDE DEFINITIONS FOR; TO PROVIDE THAT A SOCIAL MEDIA PLATFORM MAY NOT WILLFULLY DEPLATFORM A CANDIDATE FOR OFFICE WHO IS KNOWN BY THE SOCIAL MEDIA PLATFORM; TO PROVIDE FINES FOR VIOLATIONS OF THIS ACT; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. (1) The Legislature finds that:

(a) Social media platforms represent an extraordinary advance in communication technology for Mississippians.

(b) Users should be afforded control over their personal information related to social media platforms.

(d) Social media platforms have transformed into the new public town square.

(e) Social media platforms have become as important for conveying public opinion as public utilities are for supporting modern society.

(f) Social media platforms hold a unique place in preserving first amendment protections for all Mississippians and should be treated similarly to common carriers.

(g) Social media platforms that unfairly censor, shadow ban, deplatform, or apply post-prioritization algorithms to Mississippi candidates, Mississippi users, or Mississippi residents are not acting in good faith.

(h) Social media platforms should not take any action in bad faith to restrict access or availability to Mississippians.

(i) Social media platforms have unfairly censored, shadow banned, deplatformed, and applied post-prioritization algorithms to Mississippians.

(j) The state has a substantial interest in protecting its residents from inconsistent and unfair actions by social media platforms.

(k) The state must vigorously enforce state law to protect Mississippians.

(2) For purposes of this act, the following words shall have the meanings described herein:

(a) "Candidate" has the same meaning as defined in Section 23-15-801.

(b) "Deplatform" means the action or practice by a social media platform to permanently delete or ban a user or to temporarily delete or ban a user from the social media platform for more than fourteen (14) days.

(c) "Social media platform" means any website and/or application that has a primary purpose of communication, collaboration, social interaction and/or sharing user-generated content through personalized web profiles. This definition shall not be construed to mean electronic mail, short message service, or other similar means of communication.

(d) "User" means a person who resides or is domiciled in this state and 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.

(3) A social media platform may not willfully deplatform a candidate for office who is known by the social media platform to be a candidate, beginning on the date of qualification and ending on the date of the election or the date the candidate ceases to be a candidate. A social media platform must provide each user a method by which the user may be identified as a qualified candidate and which provides sufficient information to allow the social media platform to confirm the user's qualification by reviewing the website of the Secretary of State's office.

(4) Upon a violation of this act, the social media platform may be fined Two Hundred Fifty Thousand Dollars ($250,000.00) per day for a candidate for statewide office and Twenty-five Thousand Dollars ($25,000.00) per day for a candidate for other offices.

(5) A social media platform that willfully provides free advertising for a candidate must inform the candidate of such in kind contribution. Posts, content, material, and comments by candidates which are shown on the platform in the same or similar way as other users' posts, content, material, and comments are not considered free advertising.

(6) This act may only be enforced to the extent not inconsistent with federal law and notwithstanding any other provision of state law.

SECTION 2. This act shall take effect and be in force from and after July 1, 2023.