New Jersey 2022-2023 Regular Session

New Jersey Assembly Bill A4051

Introduced
5/19/22  

Caption

Prohibits social media websites from selectively suspending candidates for elective office and creates private right of action for users whose political or religious speech has been deleted.

Impact

The legislation will significantly affect how social media companies operate in relation to political content, specifically altering their ability to moderate content without facing substantial penalties. Companies found in violation could incur daily fines of up to $250,000 for candidates running for statewide office and $25,000 for other candidates. Additionally, the bill establishes a private right of action for users whose political or religious speech is deleted or censored, allowing them to seek damages in court. This could empower many individuals to challenge perceived injustices against their speech on these platforms.

Summary

Assembly Bill A4051 aims to protect the political speech of candidates for office by prohibiting social media websites from unduly suspending or 'deplatforming' them during an election cycle. The bill mandates that once a person declares their intent to run for office, they must not be selectively suspended from social media from that point until after the election or when they cease to be a candidate. This provision is designed to ensure fair access to social media platforms for all political candidates, and it requires social media companies to develop methods for confirming a user's candidacy through state election resources.

Contention

Notable points of contention around A4051 arise from the balance between protecting free speech and managing hate speech or other harmful content. Critics may argue that while the intent to protect candidates is important, the definitions of 'hate speech' and 'political speech' employed in the bill leave room for misinterpretation and may complicate enforcement. Furthermore, the bill limits social media companies' discretion in content moderation, placing them under potential legal scrutiny and financial burden, which some might argue stifles their ability to maintain a safe online environment.

Additional_points

The bill also addresses the issue of free advertising by requiring social media platforms to inform candidates of any in-kind contributions made through the visibility of their content. By stipulating how political content should be treated and introducing penalties for non-compliance, A4051 strives to foster an equitable environment for political discourse online, reflecting an increasing concern over the influence of tech companies in the electoral process.

Companion Bills

No companion bills found.

Previously Filed As

NJ A530

"Stop Social Media Censorship Act"; creates private right of action for users of social media websites whose political or religious speech has been deleted or censored by social media websites.

NJ A3000

Prohibits selective suspension of candidates for elective office by social media websites.

NJ S861

Establishes certain requirements for social media websites concerning content moderation practices; establishes cause of action against social media websites for violation of content moderation practices.

NJ A525

Prohibits candidates from nomination for more than one elective office at primary or general election.

NJ HB464

Prohibiting certain candidates for political office from participating in counting ballots.

NJ A10714

Prohibits municipal officers or employees who are a candidate for nomination or election to any elective office from using municipal funds for certain mass mailings prior to an election, including a special election; defines terms.

NJ HB2333

Protecting elected officials and candidates, executive state officers, election officials, and criminal justice participants against threats and incidents of political violence.

NJ HB3185

Creates the Social Media User Rights and Deletion Act

NJ SB6095

Protecting elected officials and candidates, executive state officers, election officials, and criminal justice participants against threats and incidents of political violence.

NJ A2986

Clarifies and strengthens disclosure requirements for certain complimentary tickets received by candidates, officeholders, political party officials, political committees and continuing political committees.

Similar Bills

No similar bills found.