Bill Text: IA HF171 | 2021-2022 | 89th General Assembly | Introduced
Bill Title: A bill for an act relating to the prohibition of social media censorship and suppression of religious and political speech.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2021-01-22 - Introduced, referred to Judiciary. H.J. 183. [HF171 Detail]
Download: Iowa-2021-HF171-Introduced.html
House
File
171
-
Introduced
HOUSE
FILE
171
BY
SALMON
A
BILL
FOR
An
Act
relating
to
the
prohibition
of
social
media
censorship
1
and
suppression
of
religious
and
political
speech.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
TLSB
1123YH
(1)
89
cm/jh
H.F.
171
Section
1.
NEW
SECTION
.
686E.1
Definitions.
1
As
used
in
this
chapter,
unless
the
context
otherwise
2
requires:
3
1.
“Algorithm”
means
a
set
of
instructions
designed
to
4
perform
a
specific
task.
5
2.
“Hate
speech”
means
content
that
a
person
arbitrarily
6
finds
offensive
based
on
the
person’s
personal
moral
code.
7
3.
“Obscene”
means
content
that
to
the
average
person,
when
8
applying
contemporary
community
standards,
taken
as
a
whole
9
appeals
to
prurient
interests,
and
lacks
serious
literary,
10
artistic,
political,
or
scientific
value.
11
4.
“Political
speech”
means
speech
relating
to
the
state,
12
government,
body
politic,
public
administration,
or
government
13
policymaking,
including
speech
relating
to
social
issues.
14
“Political
speech”
does
not
include
speech
concerning
the
15
administration
of
or
the
law
relating
to
the
civil
aspects
of
16
government.
17
5.
“Social
media
internet
site”
means
an
internet
site
or
18
application
that
enables
users
to
communicate
with
each
other
19
by
posting
information,
comments,
messages,
or
images
and
meets
20
all
of
the
following
criteria:
21
a.
Is
open
to
the
public.
22
b.
Has
more
than
seventy-five
million
users.
23
c.
Has
not
been
specifically
affiliated
with
any
one
24
religion
or
political
party
from
its
inception.
25
Sec.
2.
NEW
SECTION
.
686E.2
Civil
action.
26
A
social
media
internet
site
user
may
bring
a
civil
action
27
against
the
owner
or
operator
of
a
social
media
internet
site
28
with
users
in
this
state
if
the
social
media
internet
site
29
purposely
does
any
of
the
following:
30
1.
Censors
a
social
media
internet
site
user’s
religious
or
31
political
speech.
32
2.
Uses
an
algorithm
to
suppress
a
social
media
internet
33
site
user’s
religious
or
political
speech.
34
Sec.
3.
NEW
SECTION
.
686E.3
Damages.
35
-1-
LSB
1123YH
(1)
89
cm/jh
1/
3
H.F.
171
A
social
media
internet
site
user
may
be
awarded
damages
1
under
section
686E.2,
including
civil
damages
of
seventy-five
2
thousand
dollars
for
each
purposeful
censoring
or
suppression
3
of
the
social
media
user’s
speech,
actual
damages,
forms
of
4
equitable
relief,
and
attorney
fees.
5
Sec.
4.
NEW
SECTION
.
686E.4
Hate
speech
not
a
defense.
6
It
is
not
a
defense
to
a
civil
action
under
section
686E.2
7
that
the
social
media
internet
site
user’s
speech
was
hate
8
speech.
9
Sec.
5.
NEW
SECTION
.
686E.5
Defenses.
10
A
social
media
internet
site
shall
not
be
found
liable
under
11
section
686E.2
if
the
censored
speech
calls
for
immediate
acts
12
of
violence,
is
obscene
or
pornographic
in
nature,
was
censored
13
as
a
result
of
operational
error,
was
censored
as
a
result
of
14
a
court
order,
came
from
an
inauthentic
source
or
involved
15
false
impersonation,
enticed
criminal
conduct,
involved
minors
16
bullying
minors,
or
if
the
speech
was
censored
by
another
17
social
media
internet
site
user.
18
Sec.
6.
NEW
SECTION
.
686E.6
Standing
——
eighteen
years
of
19
age
or
older.
20
Only
social
media
internet
site
users
eighteen
years
of
age
21
or
older
have
standing
to
enforce
this
chapter.
22
Sec.
7.
NEW
SECTION
.
686E.7
Attorney
general
may
enforce.
23
The
attorney
general
may
bring
a
civil
action
under
section
24
686E.2
on
behalf
of
a
social
media
internet
user
who
resides
25
in
this
state
whose
religious
or
political
speech
has
been
26
censored
by
a
social
media
internet
site.
27
Sec.
8.
NEW
SECTION
.
686E.8
Venue.
28
The
venue
for
any
civil
action
brought
under
section
686E.2
29
shall
be
in
this
state.
30
EXPLANATION
31
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
32
the
explanation’s
substance
by
the
members
of
the
general
assembly.
33
This
bill
relates
to
the
prohibition
of
social
media
34
censorship
and
suppression
of
religious
and
political
speech.
35
-2-
LSB
1123YH
(1)
89
cm/jh
2/
3
H.F.
171
The
bill
creates
a
new
Code
chapter.
The
bill
provides
that
1
a
social
media
internet
site
user
may
bring
a
civil
action
2
against
the
owner
or
operator
of
a
social
media
internet
site
3
with
users
in
this
state
if
the
social
media
internet
site
4
purposely
censors
a
social
media
internet
site
user’s
religious
5
or
political
speech
or
uses
an
algorithm
to
suppress
the
social
6
media
internet
site
user’s
religious
or
political
speech.
The
7
bill
provides
for
damages
up
to
$75,000
for
each
purposeful
8
act
of
censorship
or
suppression,
as
well
as
actual
damages,
9
equitable
relief,
and
attorney
fees.
The
bill
sets
forth
what
10
a
social
media
internet
site
may
use
as
a
defense
and
what
11
a
social
media
internet
site
may
not
use
as
a
defense
for
12
censorship
or
suppression.
The
bill
provides
that
the
Code
13
chapter
may
be
enforced
by
a
social
media
internet
site
user
14
who
is
18
years
old
or
older
or
by
the
attorney
general.
The
15
bill
provides
that
venue
is
in
the
state
of
Iowa.
16
-3-
LSB
1123YH
(1)
89
cm/jh
3/
3