HF 1479

as introduced - 92nd Legislature (2021 - 2022) Posted on 02/22/2021 02:38pm

A bill for an act
relating to civil actions; permitting cause of action against interactive computer
service providers for censoring social media content; proposing coding for new
law in Minnesota Statutes, chapter 604.

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

Section 1.

new text begin [604.191] CIVIL LIABILITY FOR SOCIAL MEDIA SITE CENSORSHIP.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin For the purposes of this section, the following terms have
the meanings given them.
new text end

new text begin (a) "End user" means a person or entity that accesses a social media site.
new text end

new text begin (b) "Information content provider" means any person or entity that is responsible, in
whole or part, for the creation or development of information provided through the Internet
or any other interactive computer service. Information content provider may include an end
user.
new text end

new text begin (c) "Interactive computer service" means any information service, system, or access
software provider that provides or enables computer access by multiple end users to a
computer server, including a service or system that provides access to the Internet and
systems operated or services offered by libraries or educational institutions.
new text end

new text begin (d) "Social media content" means information created or developed by an information
content provider and delivered to end users of an interactive computer service.
new text end

new text begin (e) "Social media site" means a website through which an Internet content provider may
generate social media content and find and connect with other end users with common
interests.
new text end

new text begin Subd. 2. new text end

new text begin Applicability. new text end

new text begin (a) This section applies to an interactive computer service
provider who:
new text end

new text begin (1) takes action that is immune from civil liability under federal law;
new text end

new text begin (2) is not considered a publisher;
new text end

new text begin (3) has over one million end users; and
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new text begin (4) is a provider of a social media site.
new text end

new text begin (b) Immune from civil liability in paragraph (a) means an action by an interactive
computer service provider:
new text end

new text begin (1) voluntarily taken in good faith to restrict access to or the availability of social media
content that the provider or end user considers obscene, lewd, lascivious, filthy, excessively
violent, harassing, or otherwise objectionable, regardless of whether the material is
constitutionally protected; or
new text end

new text begin (2) taken to provide users with the technical means to restrict access to content described
in clause (1).
new text end

new text begin (c) An interactive computer service provider may state affirmatively that it is a publisher
in the provider's terms of service. If an information content provider or end user agrees to
the statement in the provider's terms of service, the provider is not liable under this section.
new text end

new text begin Subd. 3. new text end

new text begin Prohibition. new text end

new text begin (a) An interactive computer service provider may only restrict,
censor, or suppress social media content that is obscene, lewd, lascivious, filthy, excessively
violent, harassing, or otherwise objectionable in its subject matter.
new text end

new text begin (b) Notwithstanding the prohibition in paragraph (a), an interactive computer service
provider may limit social media content to subject matter expressly stated in the provider's
terms of service.
new text end

new text begin Subd. 4. new text end

new text begin Civil cause of action; damages. new text end

new text begin (a) The following persons may bring an action
to enjoin a violation of this section or to recover damages for a violation of subdivision 3:
new text end

new text begin (1) an information content provider whose social media content was restricted, censored,
or suppressed by an interactive computer service provider; and
new text end

new text begin (2) an end user that reasonably would have received the social media content that was
restricted, censored, or suppressed by the interactive computer service provider.
new text end

new text begin (b) An interactive computer service provider that violates subdivision 3 is liable to each
injured person for civil damages, including treble damages for compensatory, consequential,
and incidental damages. The court may award punitive damages in the amount determined
by the court. The court may award reasonable attorney fees and court costs to a prevailing
plaintiff.
new text end

new text begin Subd. 5. new text end

new text begin Venue. new text end

new text begin An action under this section may be brought in any district court in the
county where any of the persons named in subdivision 4, paragraph (a), resides.
new text end