Bill Text: MS SB2573 | 2022 | Regular Session | Introduced

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Bill Title: Social media companies; require to file a report for any restriction of a candidate or elected official.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2022-02-01 - Died In Committee [SB2573 Detail]

Download: Mississippi-2022-SB2573-Introduced.html

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MISSISSIPPI LEGISLATURE

2022 Regular Session

To: Elections; Judiciary, Division A

By: Senator(s) Tate

Senate Bill 2573

AN ACT TO CREATE NEW SECTION 23-15-823, MISSISSIPPI CODE OF 1972, TO  REQUIRE A SOCIAL MEDIA COMPANY THAT RESTRICTS A CANDIDATE OR ELECTED OFFICIAL TO FILE A REPORT WITH THE SECRETARY OF STATE; TO DEFINE TERMS; TO REQUIRE THE SECRETARY OF STATE TO PROMULGATE RULES AND REGULATIONS TO PROVIDE FOR THE PRESERVATION AND PUBLIC INSPECTIONS OF ANY REPORTS AS WELL AS A PROCEDURE FOR AN ELECTED OFFICIAL TO ALLEGE A VIOLATION OF THIS SECTION; AND FOR RELATED PURPOSES.

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

     SECTION 1.  The following shall be codified as Section 23-15-823, Mississippi Code of 1972:

     23-15-823.  (1)  As used in this section, the following terms have the meanings ascribed herein unless the context requires otherwise:

          (a)  "Candidate" means an individual who seeks nomination for election, or election, to any elective office and has or intends to:

               (i)  Pay the assessment, file a written statement and file a petition containing the signatures of the requisite number of voters, if applicable, pursuant to Sections 23-15-297 and 23-15-299; or

               (ii)  Designate a principal campaign committee pursuant to 52 USC Section 30102(e) and 11 C.F.R. Section 101.1.

          (b)  "Elected official" means a person elected to any elective office.

          (c)  "Social media platform" means any website and/or application with the primary purpose of communication, collaboration, social interaction and sharing of user-generated content through personalized web profiles.  "Social media platform" does not include electronic mail, short message service, or other similar means of communication.

     (2)  When a candidate or elected official has been restricted from a social media platform, the entity which operates and/or maintains the social media platform, or its successor entities, shall file a report with the Secretary of State disclosing this action, on a form as prescribed by the Secretary, within three (3) business days of the restriction occurring.

     (3)  When an entity which operates and/or maintains the social media platform indicates a good-faith effort has been made to submit the information required, any record or report shall be considered in compliance with the section.

     (4)  The Secretary of State shall:

          (a)  Promulgate rules and regulations regarding the administration of this section to:

               (i)  Define a restriction for purposes of this section;

               (ii)  Provide for the preservation and public inspection of the reports filed by an entity under this section; and

               (iii)  Provide a process by which candidates or elected officials may allege a violation of this section; and

          (b)  Provide notice of the rules and regulations promulgated under this section to any entity which operates and/or maintains a social media platform and is registered to do business in the state.

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2022.