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
If enacted, A180 would have significant implications on state law regarding the operation of social media services. It creates a framework for accountability where social media platforms could face substantial penalties for violations, such as a fine of $250,000 per day for actions against statewide candidates, and $25,000 for other offices. By instituting these penalties, the bill positions the Election Law Enforcement Commission as an active regulator, creating a process for addressing grievances related to candidates being suspended without due cause.
Summary
Assembly Bill A180 seeks to regulate the actions of social media platforms regarding the suspension of candidates for public office. Specifically, the bill prohibits social media websites from selectively suspending, known as 'deplatforming,' individuals identified as candidates during their election campaigning period. This regulation is designed to uphold the right to free political speech and ensure that candidates retain access to their audience on social media platforms. The legislation extends from the date of a candidate's declaration to the end of the election cycle, promoting fair treatment in the digital sphere, especially leading up to elections.
Contention
The bill has sparked debates around issues of censorship, fairness, and the limits of private business operations versus public political discourse. Critics may argue that imposing such regulations could undermine the ability of social media companies to enforce their community standards or manage harmful content, particularly in instances where candidates may engage in disinformation or hate speech. Additionally, the introduction of a private right of action for users to sue over deletions or censorship of their speech raises concerns about potential legal ramifications and increased litigations against these platforms.
Carry Over
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.
"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.
Prohibits use of private funds and personnel in governmental offices and procedures pertaining to administration of elections; establishes crimes and penalties for violations.
Prohibits State from imposing mileage-based user fee; prohibits use of State funding for any program, study, or pilot program related to imposition of mileage-based user fee.
Transfers Division of Elections from Department of State to Department of Law and Public Safety; designates Attorney General as chief election official and requires two bipartisan co-directors.