Bill Text For SB0383 - Engrossed

 1|ENGROSSED SENATE                                                       |
  |BILL NO. 383                         By: Standridge, Bullard and       |
 2|                                         Jett of the Senate            |
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 3|                                         and                           |
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 4|                                         West (Kevin) and McDugle of   |
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 7|       [ censorship of social media - cause of action -                |
  |       award of certain costs and fees - immunity from                 |
 8|       liability - codification - effective date ]                     |
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11|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:                  |
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12|    SECTION 1.     NEW LAW     A new section of law to be codified     |
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13|in the Oklahoma Statutes as Section 1450.1 of Title 12, unless there   |
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14|is created a duplication in numbering, reads as follows:               |
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15|    A.  As used in this section:                                       |
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16|    1.  "Algorithm" means a set of instructions designed to perform    |
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17|a specific task;                                                       |
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18|    2.  "Hate speech" means a phrase concerning content that an        |
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19|individual arbitrarily finds offensive based on his or her personal    |
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20|moral code;                                                            |
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21|    3.  "Obscene" means that to the average person, applying           |
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22|contemporary community standards, the dominant theme of the material   |
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23|taken as a whole appeals to prurient interest;                         |
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arsid8333596 (Floor Amendments Only)                               Page 1
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 1|    4.  "Political speech" means speech relating to the state, the     |
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 2|government, the body politic, public administration or government      |
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 3|policymaking.  Political speech includes speech by the government or   |
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 4|candidates for office and any discussion of social issues.             |
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 5|Political speech does not include speech concerning the                |
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 6|administration or the law of or relating to the civil aspects of       |
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 7|government;                                                            |
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 8|    5.  "Religious speech" means a set of unproven answers, truth      |
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 9|claims, faith-based assumptions and naked assertions that attempt to   |
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10|explain the greater questions like how things were created, what       |
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11|humans should or should not be doing and what happens after death;     |
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12|and                                                                    |
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13|    6.  "Social media website" means a website or application that     |
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14|allows a user to construct a public or semi-public profile and         |
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15|enables users to communicate with each other for the primary purpose   |
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16|of posting information, comments, messages or images and:              |
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17|         a.    is open to the public,                                  |
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18|         b.    has more than seventy-five million (75,000,000)         |
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19|              subscribers, and                                         |
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20|         c.    has not been specifically affiliated with any one       |
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21|              political party or religion from its inception.          |
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22|"Social media website" shall not include electronic mail or any        |
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23|online service, application or website consisting primarily of news,   |
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24|sports, entertainment or other information or content that is not      |
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 1|user-generated but is preselected or curated by the provider and for   |
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 2|which any chat, comment or interactive functionality is incidental     |
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 3|to, directly related to or dependent on the provision of such          |
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 4|content.                                                               |
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 5|    B.  The owner or operator of a social media website who            |
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 6|contracts with users in this state is subject to a private right of    |
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 7|action by a social media website user if the social media website      |
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 8|purposely:                                                             |
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 9|    1.  Deletes or censors a social media website user's political     |
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10|speech or religious speech; or                                         |
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11|    2.  Uses an algorithm to suppress political speech or religious    |
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12|speech.                                                                |
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13|    C.  1.  Damages available to a social media website user under     |
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14|this section shall include:                                            |
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15|         a.    damages in an amount not to exceed Seventy-five         |
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16|              Thousand Dollars ($75,000.00) per intentional deletion   |
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17|              or censoring of the social media website user's          |
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18|              speech,                                                  |
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19|         b.    actual damages,                                         |
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20|         c.    punitive damages if aggravating factors are present,    |
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21|              and                                                      |
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22|         d.    other applicable forms of equitable relief.             |
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23|    2.  The prevailing party in a cause of action under this section   |
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24|may be awarded costs and reasonable attorney fees.                     |
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 1|    3.  A social media website that restores from deletion or          |
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 2|removes the censoring of a social media website user's speech in a     |
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 3|reasonable amount of time may use such fact to mitigate any damages.   |
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 4|    D.  A social media website may not use the social media website    |
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 5|user's alleged hate speech as a basis for justification or defense     |
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 6|to the action against the social media website at trial.               |
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 7|    E.  1.  A social media website shall be immune from liability      |
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 8|under this section if it deletes or censors a social media website     |
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 9|user's speech or uses an algorithm to disfavor or censure speech       |
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10|that:                                                                  |
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11|         a.    calls for immediate acts of violence,                   |
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12|         b.    is obscene or pornographic in nature,                   |
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13|         c.    is the result of operational error,                     |
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14|         d.    is the result of a court order,                         |
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15|         e.    comes from an inauthentic source or involved false      |
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16|              impersonation,                                           |
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17|         f.    entices criminal conduct,                               |
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18|         g.    involves the bullying of minors, or                     |
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19|         h.    violates or misappropriates copyright, trademark or     |
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20|              other intellectual property.                             |
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21|    2.  A social media website shall not be liable under this          |
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22|section for a social media website user's censoring of the speech of   |
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23|another social media website user.                                     |
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 1|    F.  Only users who are eighteen (18) years of age or older shall   |
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 2|have standing to bring an action pursuant to this section.             |
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 3|    G.  The Attorney General may bring a civil cause of action under   |
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 4|this section on behalf of social media website users who reside in     |
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 5|this state whose political speech or religious speech has been         |
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 6|censored by a social media website.                                    |
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 7|    SECTION 2.  This act shall become effective November 1, 2021.      |
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 8|    Passed the Senate the 11th day of March, 2021.                     |
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  |                                    Presiding Officer of the Senate    |
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12|    Passed the House of Representatives the ____ day of __________,    |
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13|2021.                                                                  |
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  |                                     Presiding Officer of the House    |
16|                                                 of Representatives    |
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arsid8333596 (Floor Amendments Only)                               Page 5
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