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
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