Relating to censorship of expression on interactive computer services and social media platforms and including retroactive applicability provisions

The bill applies only to users who reside, do business within, or share within the state and the expression is done on a 50-million user interactive computer service or social media platform within the state. The bill does not subject an interactive computer service or a social media platform to any cause of action or liability that the interactive computer service or social media platform is protected from by federal law. An interactive computer service or social media platform may censor expression that the interactive computer service or social media platform is specifically authorized to censor by federal law and that unlawfully harasses individuals or unlawfully incites violence. An interactive computer service or a social media platform may authorize a user’s ability to receive objectionable expression at the specific active request of that user. The bill does not apply to an interactive computer service or a social media platform that is providing expression to a user in a particular instance in response to that user’s express request or to commentary by an interactive computer service or a social media platform. The bill does not change existing intellectual property law or violate doctrine on the dormant commerce clause. The bill provides remedies for a user’s expression that was unlawfully limited. The bill authorizes a user to bring an action for a violation of the provisions of the bill and a prevailing user is entitled to declaratory relief, including costs and reasonable and necessary attorney fees, injunctive relief, and civil damages for each act of censorship of $75,000. A court must hold an interactive computer service or a social media platform in contempt if it fails to promptly comply with a court order. The bill may only be enforced through private civil action and not by public officials or entities. The bill applies retroactively to a user before the effective date of the bill to remedy censorship of the user’s ability to share or receive expression that occurred before the effective date if censorship continues after the bill takes effect.