1.1 	A bill for an act
1.2 	relating to commerce; regulating certain activities by social media platforms; 
1.3 	providing antitrust protections; prohibiting certain unfair and deceptive practices; 
1.4 	providing penalties;proposing coding for new law in Minnesota Statutes, chapters 
1.5 	211B; 325D; 325E.
1.6 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.7 	Section 1. LEGISLATIVE PURPOSE; FINDINGS.
 1.8 	The legislature of the state of Minnesota finds:
1.9 	(1) social media platforms represent an extraordinary advance in communication 
1.10 	technology for Minnesota citizens;
1.11 	(2) users should be afforded control over personal information related to social media 
1.12 	platforms;
1.13 	(3) Minnesota citizens increasingly rely on social media platforms to express political 
1.14 	and other opinions;
1.15 	(4) social media platforms have transformed into the new public town square;
1.16 	(5) social media platforms have become as important for conveying public opinion as 
1.17 	public utilities are for supporting modern society;
1.18 	(6) social media platforms hold a unique place in preserving first amendment protections 
1.19 	for all Minnesota citizens and should be treated similarly to common carriers;
1.20 	(7) social media platforms that unfairly censor, shadow ban, deplatform, or apply 
1.21 	post-prioritization algorithms to Minnesota political candidates, Minnesota users, or 
1.22 	Minnesota citizens are not acting in good faith;
2.1 	(8) social media platforms should not take any action in bad faith to restrict access or 
2.2 	availability to Minnesota citizens;
2.3 	(9) social media platforms have unfairly censored, shadow banned, deplatformed, and 
2.4 	applied post-prioritization algorithms to Minnesota citizens;
2.5 	(10) Minnesota has a substantial interest in protecting residents from inconsistent and 
2.6 	unfair actions by social media; and
2.7 	(11) Minnesota must vigorously enforce state law to protect Minnesota citizens.

2.8 	Sec. 2. [211B.40] SOCIAL MEDIA DEPLATFORMING; POLITICAL 
2.9 	CANDIDATES.
2.10 		Subdivision 1.Definitions. (a) For purposes of this section, the following terms have 
2.11 	the meanings given.
2.12 	(b) "Deplatform" has the meaning given in section 325E.80, subdivision 1, paragraph 
2.13 	(d).
2.14 	(c) "Social media platform" has the meaning given in section 325E.80, subdivision 1, 
2.15 	paragraph (h).
2.16 	(d) "User" has the meaning given in section 325E.80, subdivision 1, paragraph (i).
2.17 		Subd. 2.Deplatforming political candidates prohibited. A social media platform is 
2.18 	prohibited from willfully deplatforming a candidate for office who is known by the social 
2.19 	media platform to be a candidate. The prohibition under this subdivision begins on the date 
2.20 	of qualification and ends on the date of the election or the date the candidate ceases to be 
2.21 	a candidate. A social media platform must provide each user a method by which the user 
2.22 	may be identified as a qualified candidate and which provides sufficient information to 
2.23 	allow the social media platform to confirm the user's qualification by reviewing the secretary 
2.24 	of state's website or the website of the local supervisor of elections.
2.25 		Subd. 3.Penalty. If the secretary of state determines a social media platform has violated 
2.26 	subdivision 2, in addition to the remedies provided in sections 10A.34 and 211B.19, the 
2.27 	social media platform may be fined $250,000 per day for a candidate for statewide office 
2.28 	and $25,000 per day for a candidate for other offices.
2.29 		Subd. 4.Free advertising.  A social media platform that willfully provides free advertising 
2.30 	for a candidate must inform the candidate of the in-kind contribution. Posts, content, material, 
2.31 	and comments by candidates which are shown on the platform in the same or similar way 
2.32 	as other users' posts, content, material, and comments are not considered free advertising.
3.1 		Subd. 5.Enforcement. Notwithstanding any law to the contrary, this section may only 
3.2 	be enforced to the extent not inconsistent with federal law and United States Code, title 47, 
3.3 	section 230(e)(3).

3.4 	Sec. 3. [325D.75] ANTITRUST VIOLATIONS; DENIAL OR REVOCATION OF 
3.5 	THE RIGHT TO TRANSACT BUSINESS WITH PUBLIC ENTITIES; DENIAL OF 
3.6 	ECONOMIC BENEFITS.
3.7 		Subdivision 1.Definitions. (a) For purposes of this section, the following terms have 
3.8 	the meanings given.
3.9 	(b) "Affiliate" means: (1) a predecessor or successor of a person convicted of or held 
3.10 	civilly liable for an antitrust violation; or (2) an entity under the control of any natural person 
3.11 	who is active in the management of the entity that has been convicted of or held civilly 
3.12 	liable for an antitrust violation. Affiliate includes the officers, directors, executives, partners, 
3.13 	shareholders, employees, members, and agents who are active in the management of an 
3.14 	affiliate. The ownership by one person of shares constituting a controlling interest in another 
3.15 	person, or a pooling of equipment or income among persons when not for fair market value 
3.16 	under an arm's length agreement, is a prima facie case that one person controls another 
3.17 	person. Affiliate also includes a person who knowingly enters into a joint venture with a 
3.18 	person who has violated an antitrust law during the preceding 36 months.
3.19 	(c) "Antitrust violation" means any failure to comply with a state or federal antitrust law 
3.20 	as determined in a civil or criminal proceeding brought by the attorney general, a state 
3.21 	attorney, a similar body or agency of another state, the Federal Trade Commission, or the 
3.22 	United States Department of Justice.
3.23 	(d) "Antitrust violator vendor list" means the list required under subdivision 3, paragraph 
3.24 	(b).
3.25 	(e) "Economic incentives" means state grants, cash grants, tax exemptions, tax refunds, 
3.26 	tax credits, state funds, and other state incentives under chapter 116J or administered under 
3.27 	chapter 116O by Enterprise Minnesota, Inc.
3.28 	(f) "Person" means a natural person or an entity organized under the laws of any state 
3.29 	or of the United States which operates as a social media platform, as defined in section 
3.30 	325E.80, subdivision 1, paragraph (h), with the legal power to enter into a binding contract 
3.31 	and which bids or applies to bid on contracts let by a public entity, or which otherwise 
3.32 	transacts or applies to transact business with a public entity. Person includes the officers, 
4.1 	directors, executives, partners, shareholders, employees, members, and agents who are 
4.2 	active in the management of an entity.
4.3 	(g)  "Public entity" means the state of Minnesota and any of the state's departments or 
4.4 	agencies.
4.5 		Subd. 2.Prohibitions. (a) A person or an affiliate who has been placed on the antitrust 
4.6 	violator vendor list following a conviction or being held civilly liable for an antitrust violation 
4.7 	is prohibited from: (1) submitting a bid, proposal, or reply for any new contract to provide 
4.8 	any goods or services to a public entity; (2) submitting a bid, proposal, or reply for a new 
4.9 	contract with a public entity for the construction or repair of a public building or public 
4.10 	work; (3) submitting a bid, proposal, or reply on new leases of real property to a public 
4.11 	entity; (4) being awarded or performing work as a contractor, supplier, subcontractor, or 
4.12 	consultant under a new contract with a public entity; and (5) transacting new business with 
4.13 	a public entity.
4.14 	(b) A public entity is prohibited from accepting a bid, proposal, or reply from, awarding 
4.15 	a new contract to, or transacting new business with a person or affiliate on the antitrust 
4.16 	violator vendor list unless the person or affiliate has been removed from the list pursuant 
4.17 	to subdivision 3, paragraph (e).
4.18 	(c) This subdivision does not apply to contracts that were awarded or business transactions 
4.19 	that began before a person or an affiliate was placed on the antitrust violator vendor list or 
4.20 	before July 1, 2021, whichever date occurs later.
4.21 		Subd. 3.Contracting requirements. (a) Beginning July 1, 2021, all formal solicitations, 
4.22 	informal solicitations, requests for bid, and requests for proposals, as defined under section 
4.23 	16C.02, and any contract, as defined under section 16C.02, subdivision 6, must contain a 
4.24 	statement informing persons of the requirements under subdivision 2, paragraph (a).
4.25 	(b) The department shall maintain an antitrust violator vendor list of the names and 
4.26 	addresses of the persons or affiliates who have been disqualified from the public contracting 
4.27 	and purchasing process under this section. The department shall electronically publish the 
4.28 	initial antitrust violator vendor list on January 1, 2022, and shall update and electronically 
4.29 	publish the list quarterly thereafter. Notwithstanding this paragraph, a person or an affiliate 
4.30 	disqualified from the public contracting and purchasing process pursuant to this section is 
4.31 	disqualified as of the date the department enters the final order.
4.32 	(c)(1) After receiving notice of a judgment, sentence, or order from any source that a 
4.33 	person was convicted or held civilly liable for an antitrust violation and after the department 
4.34 	has investigated the information and verified both the judgment, sentence, or order and the 
5.1 	identity of the person named in the documentation, the department must immediately notify 
5.2 	the person or affiliate in writing of its intent to place the name of that person or affiliate on 
5.3 	the antitrust violator vendor list and of the person's or affiliate's right to a hearing, the 
5.4 	procedure that must be followed, and the applicable time requirements. If the person or 
5.5 	affiliate does not request a hearing, the department shall enter a final order placing the name 
5.6 	of the person or affiliate on the antitrust violator vendor list. A person or affiliate may be 
5.7 	placed on the antitrust violator vendor list only after the department has provided the person 
5.8 	or affiliate with a notice of intent.
5.9 	(2) Within 21 days after receipt of the notice of intent, the person or affiliate may file a 
5.10 	petition for a formal hearing under section 14.57 to determine whether good cause has been 
5.11 	shown by the department and whether it is in the public interest for the person or affiliate 
5.12 	to be placed on the antitrust violator vendor list. A person or an affiliate is prohibited from 
5.13 	filing a petition for an informal hearing under section 14.59. The procedures of chapter 14 
5.14 	apply to any formal hearing under this paragraph, except that within 30 days after the formal 
5.15 	hearing or receipt of the hearing transcript, whichever is later, the administrative law judge 
5.16 	shall enter a final order that consists of findings of fact, conclusions of law, interpretation 
5.17 	of agency rules, and any other information required by law or rule to be contained in the 
5.18 	final order. The final order shall direct the department to place or not place the person or 
5.19 	affiliate on the antitrust violator vendor list. The final order of the administrative law judge 
5.20 	is final agency action for purposes of sections 14.63 to 14.69.
5.21 	(3) When determining whether it is in the public interest to place a person or an affiliate 
5.22 	on the antitrust violator vendor list under this paragraph, the administrative law judge shall 
5.23 	consider the following factors:
5.24 	(i) whether the person or affiliate was convicted or held civilly liable for an antitrust 
5.25 	violation;
5.26 	(ii) the nature and details of the antitrust violation;
5.27 	(iii) the degree of culpability of the person or affiliate proposed to be placed on the 
5.28 	antitrust violator vendor list;
5.29 	(iv) reinstatement or clemency in any jurisdiction in relation to the antitrust violation at 
5.30 	issue in the proceeding;
5.31 	(v) the needs of public entities for additional competition in the procurement of goods 
5.32 	and services in their respective markets; and
5.33 	(vi) the effect of the antitrust violations on Minnesota citizens.
6.1 	(4) After the person or affiliate requests a formal hearing, the burden shifts to the 
6.2 	department to prove that it is in the public interest for the person or affiliate to whom it has 
6.3 	given notice under this paragraph to be placed on the antitrust violator vendor list. Proof 
6.4 	that a person was convicted or was held civilly liable or that an entity is an affiliate of the 
6.5 	person constitutes a prima facie case that it is in the public interest for the person or affiliate 
6.6 	to whom the department has given notice to be put on the antitrust violator vendor list. 
6.7 	Status as an affiliate must be proven by clear and convincing evidence. Unless the 
6.8 	administrative law judge determines that the person was convicted or that the person was 
6.9 	civilly liable or is an affiliate of the person, that person or affiliate may not be placed on 
6.10 	the antitrust violator vendor list.
6.11 	(5) Any person or affiliate who has been notified by the  department of the department's 
6.12 	intent to place the person's name on the antitrust violator vendor list may offer evidence on 
6.13 	any relevant issue. An affidavit alone does not constitute competent substantial evidence 
6.14 	that the person has not been convicted or  is not an affiliate of a person convicted or held 
6.15 	civilly liable. Upon establishment of a prima facie case that it is in the public interest for 
6.16 	the person or affiliate to whom the department has given notice to be put on the antitrust 
6.17 	violator vendor list, the person or affiliate may prove by a preponderance of the evidence 
6.18 	that it would not be in the public interest to put him or her on the antitrust violator vendor 
6.19 	list based upon evidence addressing the factors under clause (3).
6.20 	(d)(1) Upon receipt of information or an indictment from any source that a person has 
6.21 	been charged with or accused of violating any state or federal antitrust law in a civil or 
6.22 	criminal proceeding, including a civil investigative demand, brought by the attorney general, 
6.23 	a state attorney, the Federal Trade Commission, or the United States Department of Justice 
6.24 	on or after July 1, 2021, the attorney general must determine whether there is probable cause 
6.25 	that a person has likely violated the underlying antitrust laws, which justifies temporary 
6.26 	placement of such person on the antitrust violator vendor list until such proceeding has 
6.27 	concluded.
6.28 	(2) If the attorney general determines probable cause exists, the attorney general shall 
6.29 	notify the person in writing of the attorney general's intent to temporarily place the person's 
6.30 	name on the antitrust violator vendor list and of the person's right to a hearing, the procedure 
6.31 	that must be followed, and the applicable time requirements. If the person does not request 
6.32 	a hearing, the attorney general shall enter a final order temporarily placing the name of the 
6.33 	person on the antitrust violator vendor list. A person may be placed on the antitrust violator 
6.34 	vendor list only after being provided with a notice of intent from the attorney general.
7.1 	(3) Within 21 days after receipt of the notice of intent, the person may file a petition for 
7.2 	a formal hearing under sections 14.57 to 14.62 to determine whether it is in the public 
7.3 	interest for the person to be temporarily placed on the antitrust violator vendor list. The 
7.4 	procedures under chapter 14 apply to any formal hearing under this paragraph.
7.5 	(4) When determining whether it is in the public interest to place a person on the antitrust 
7.6 	violator vendor list under this paragraph, the administrative law judge shall consider the 
7.7 	following factors:
7.8 	(i) the likelihood the person will be convicted or held civilly liable for the antitrust 
7.9 	violation;
7.10 	(ii) the nature and details of the antitrust violation;
7.11 	(iii) the degree of culpability of the person proposed to be placed on the antitrust violator 
7.12 	vendor list;
7.13 	(iv) the needs of public entities for additional competition in the procurement of goods 
7.14 	and services in their respective markets; and
7.15 	(v) the effect of the antitrust violations on Minnesota citizens.
7.16 	(5) The attorney general has the burden to prove that it is in the public interest for the 
7.17 	person to whom it has given notice under this paragraph to be temporarily placed on the 
7.18 	antitrust violator vendor list. Unless the administrative law judge determines that it is in the 
7.19 	public interest to temporarily place a person on the antitrust violator vendor list, that person 
7.20 	shall not be placed on the antitrust violator vendor list.
7.21 	(6) This paragraph does not apply to affiliates.
7.22 	(e)(1) A person or an affiliate may be removed from the antitrust violator vendor list 
7.23 	subject to terms and conditions prescribed by the administrative law judge upon a 
7.24 	determination that removal is in the public interest. In determining whether removal is in 
7.25 	the public interest, the administrative law judge must consider any relevant factors, including 
7.26 	but not limited to the factors identified in paragraph (c), clause (3). Upon proof that a person 
7.27 	was found not guilty or not civilly liable, the antitrust violation case was dismissed, the 
7.28 	court entered a finding in the person's favor, the person's conviction or determination of 
7.29 	liability has been reversed on appeal, or the person has been pardoned, the administrative 
7.30 	law judge shall determine that removal of the person or an affiliate of that person from the 
7.31 	antitrust violator vendor list is in the public interest. A person or an affiliate on the antitrust 
7.32 	violator vendor list may petition for removal from the list no sooner than six months after 
7.33 	the date a final order is entered pursuant to this section but may petition for removal at any 
8.1 	time if the petition is based upon a reversal of the conviction or liability on appellate review 
8.2 	or pardon. The petition must be filed with the department, and the proceeding must be 
8.3 	conducted pursuant to the procedures and requirements of this subdivision.
8.4 	(2) If the petition for removal is denied, the person or affiliate may not petition for 
8.5 	another hearing on removal for a period of nine months after the date of denial unless the 
8.6 	petition is based upon a reversal of the conviction on appellate review or a pardon. The 
8.7 	department may petition for removal before the expiration of the period if, in the department's 
8.8 	discretion, the department determines that removal is in the public interest.
8.9 		Subd. 4.Effect of contracts. The conviction of a person or a person being held civilly 
8.10 	liable for an antitrust violation, or placement on the antitrust violator vendor list, does not 
8.11 	affect any rights or obligations under any contract, franchise, or other binding agreement 
8.12 	that predates such conviction, finding of civil liability, or placement on the antitrust violator 
8.13 	vendor list.
8.14 		Subd. 5.Disqualification; limitation. A person who has been placed on the antitrust 
8.15 	violator vendor list is not a qualified applicant for economic incentives under chapter 116J 
8.16 	and the person is not qualified to receive such economic incentives. This subdivision does 
8.17 	not apply to economic incentives that are awarded before a person is placed on the antitrust 
8.18 	violator vendor list or before July 1, 2021.
8.19 		Subd. 6.Applicability; exception. This section does not apply to:
8.20 	(1) any activity regulated by the Public Utilities Commission;
8.21 	(2) the purchase of goods or services made by any public entity from the Department 
8.22 	of Corrections; or
8.23 	(3) any contract with a public entity to provide any goods or services for emergency 
8.24 	response efforts related to a state of emergency declaration issued by the governor.
8.25 		Subd. 7.Enforcement. This section may only be enforced to the extent not inconsistent 
8.26 	with federal law and notwithstanding any other provision of state law.

8.27 	Sec. 4. [325E.80] UNLAWFUL ACTS AND PRACTICES BY SOCIAL MEDIA 
8.28 	PLATFORMS.
8.29 		Subdivision 1.Definitions. (a) For purposes of this section, the following terms have 
8.30 	the meaning given.
8.31 	(b) "Algorithm" means a mathematical set of rules that specifies how a group of data 
8.32 	behaves and that assists in ranking search results and maintaining order or that is used in 
9.1 	sorting or ranking content or material based on relevancy or other factors instead of using 
9.2 	published time or chronological order of such content or material.
9.3 	(c) "Censor" means any action taken by a social media platform to delete, regulate, 
9.4 	restrict, edit, alter, inhibit the publication or republication of, suspend a right to post, remove, 
9.5 	or post an addendum to any content or material posted by a user. Censor also means actions 
9.6 	to inhibit the ability of a user to be viewable by or to interact with another user of the social 
9.7 	media platform.
9.8 	(d) "Deplatform" means the action or practice by a social media platform to permanently 
9.9 	delete or ban a user or to temporarily delete or ban a user from the social media platform 
9.10 	for more than 14 days.
9.11 	(e) "Journalistic enterprise" means an entity doing business in Minnesota that:
9.12 	(1) publishes in excess of 100,000 words available online with at least 50,000 paid 
9.13 	subscribers or 100,000 monthly active users;
9.14 	(2) publishes 100 hours of audio or video available online with at least 100,000,000 
9.15 	viewers annually;
9.16 	(3) operates a cable channel that provides more than 40 hours of content per week to 
9.17 	more than 100,000 cable television subscribers; or
9.18 	(4) operates under a broadcast license issued by the Federal Communications 
9.19 	Commission.
9.20 	(f) "Post-prioritization" means action by a social media platform to place, feature, or 
9.21 	prioritize certain content or material ahead of, below, or in a more or less prominent position 
9.22 	than others in a newsfeed, a feed, a view, or in search results. Post-prioritization does not 
9.23 	include post-prioritization of content and material of a third party, including other users, 
9.24 	based on payments by that third party, to the social media platform.
9.25 	(g) "Shadow ban" means action by a social media platform, through any means, whether 
9.26 	the action is determined by a natural person or an algorithm, to limit or eliminate the exposure 
9.27 	of a user or content or material posted by a user to other users of the social media platform. 
9.28 	Shadow ban includes acts of shadow banning by a social media platform which are not 
9.29 	readily apparent to a user.
9.30 	(h) "Social media platform" means any information service, system, Internet search 
9.31 	engine, or access software provider that:
10.1 	(1) provides or enables computer access by multiple users to a computer server, including 
10.2 	an Internet platform or a social media site;
10.3 	(2) operates as a sole proprietorship, partnership, limited liability company, corporation, 
10.4 	association, or other legal entity;
10.5 	(3) does business in the state; and
10.6 	(4) satisfies at least one of the following thresholds:
10.7 	(i) has annual gross revenues in excess of $100,000,000, as adjusted in January of each 
10.8 	odd-numbered year to reflect any increase in the Consumer Price Index; or
10.9 	(ii) has at least 100,000,000 monthly individual platform participants globally.
10.10 	(i) "User" means a person who resides or is domiciled in Minnesota and who has an 
10.11 	account on a social media platform, regardless of whether the person posts or has posted 
10.12 	content or material to the social media platform.
10.13 		Subd. 2.Requirements; prohibitions. (a) A social media platform that fails to comply 
10.14 	with this subdivision commits an unfair or deceptive act or practice.
10.15 	(b) A social media platform must publish the standards, including detailed definitions, 
10.16 	it uses or has used to determine how to censor, deplatform, and shadow ban.
10.17 	(c) A social media platform must apply censorship, deplatforming, and shadow banning 
10.18 	standards in a consistent manner among the social media platform's users on the platform.
10.19 	(d) A social media platform must inform each user about any changes to the social media 
10.20 	platform's user rules, terms, and agreements before implementing the changes. A social 
10.21 	media platform is prohibited from making changes to the social media platform's rules, 
10.22 	terms, and agreements more than once every 30 days.
10.23 	(e) A social media platform is prohibited from censoring or shadow banning a user's 
10.24 	content or material, or from deplatforming a user from the social media platform:
10.25 	(1) without notifying the user who posted or attempted to post the content or material; 
10.26 	or
10.27 	(2) in any manner that violates this section.
10.28 	(f) A social media platform must:
10.29 	(1) provide a mechanism that allows a user to request the number of other individual 
10.30 	platform participants who were provided or shown the user's content or posts; and
11.1 	(2) provide, upon request, a user with the number of other individual platform participants 
11.2 	who were provided or shown content or posts.
11.3 	(g) A social media platform must:
11.4 	(1) categorize algorithms used for post-prioritization and shadow banning; and
11.5 	(2) allow a user to opt out of post-prioritization and shadow banning algorithm categories 
11.6 	to allow sequential or chronological posts and content.
11.7 	(h) A social media platform must provide users with an annual notice on the use of 
11.8 	algorithms for post-prioritization and shadow banning, and must annually reoffer the opt-out 
11.9 	opportunity in paragraph (g), clause (2).
11.10 	(i) A social media platform may not apply or use post-prioritization or shadow banning 
11.11 	algorithms for content and material posted by or about a user who is known by the social 
11.12 	media platform to be a candidate, as defined in section 211B.01, subdivision 3, beginning 
11.13 	on the date of qualification and ending on the date of the election or the date the candidate 
11.14 	ceases to be a candidate. Post-prioritization of certain content or material from or about a 
11.15 	candidate for office based on payments to the social media platform by such candidate for 
11.16 	office or a third party is not a violation of this paragraph. A social media platform must 
11.17 	provide each user a method by which the user may be identified as a qualified candidate 
11.18 	and which provides sufficient information to allow the social media platform to confirm 
11.19 	the user's qualification by reviewing the secretary of state's website or the website of the 
11.20 	local supervisor of elections.
11.21 	(j) A social media platform must allow a user who has been deplatformed to access or 
11.22 	retrieve all of the user's information, content, material, and data for at least 60 days after 
11.23 	the user receives the notice required under paragraph (e), clause (1).
11.24 	(k) A social media platform is prohibited from taking any action to censor, deplatform, 
11.25 	or shadow ban a journalistic enterprise based on the content of the journalistic enterprise's 
11.26 	publication or broadcast. Post-prioritization of certain journalistic enterprise content based 
11.27 	on payments to the social media platform by the journalistic enterprise is not a violation of 
11.28 	this paragraph. This paragraph does not apply if the content or material is obscene, as defined 
11.29 	under section 617.241, subdivision 1, paragraph (a).
11.30 		Subd. 3.Notification; requirements. For purposes of subdivision 2, paragraph (e), 
11.31 	clause (1), a notification must:
11.32 	(1) be in writing;
12.1 	(2) be delivered via electronic mail or direct electronic notification to the user within 
12.2 	seven days after the date of the censoring action;
12.3 	(3) include a thorough rationale explaining the reason why the social media platform 
12.4 	censored the user; and
12.5 	(4) include a precise and thorough explanation of how the social media platform became 
12.6 	aware of the censored content or material, including a thorough explanation of the algorithms 
12.7 	used, if any, to identify or flag the user's content or material as objectionable.
12.8 		Subd. 4.Notification; exception. Notwithstanding subdivision 2, paragraph (e), clause 
12.9 	(1), and subdivision 3, a social media platform is not required to notify a user if the censored 
12.10 	content or material is obscene, as defined in section 617.241, subdivision 1, paragraph (a).
12.11 		Subd. 5.Investigations. If the department, by a department inquiry or as a result of a 
12.12 	complaint, suspects that a violation of this section is imminent, occurring, or has occurred, 
12.13 	the department may investigate the suspected violation as provided by and consistent with 
12.14 	this section. Based on the investigation, the department may bring a civil or administrative 
12.15 	action under this section. For the purpose of bringing an action pursuant to this section, 
12.16 	sections 325D.45 and 325D.46 do not apply.
12.17 		Subd. 6.Private cause of action.  A user may bring a private cause of action only for 
12.18 	violations of subdivision 2, paragraph (c) or (e), clause (1). In a private cause of action 
12.19 	brought under subdivision 2, paragraph (c) or (e), clause (1), the court may award the 
12.20 	following remedies to the user:
12.21 	(1) up to $100,000 in statutory damages per proven claim;
12.22 	(2) actual damages;
12.23 	(3) if aggravating factors are present, punitive damages;
12.24 	(4) other forms of equitable relief, including injunctive relief; and
12.25 	(5) if the user was deplatformed in violation of subdivision 2, paragraph (c), costs and 
12.26 	reasonable attorney fees.
12.27 		Subd. 7.Violations; jurisdiction. For purposes of bringing an action under subdivisions 
12.28 	5 and 6, each failure to comply with the individual provisions of subdivision 2 shall be 
12.29 	treated as a separate violation, act, or practice. For purposes of bringing an action under 
12.30 	subdivisions 5 and 6, a social media platform that censors, shadow bans, deplatforms, or 
12.31 	applies post-prioritization algorithms to candidates and users in Minnesota is conclusively 
12.32 	presumed to be both engaged in substantial and not isolated activities within Minnesota and 
13.1 	operating, conducting, engaging in, or carrying on a business, and doing business in 
13.2 	Minnesota, and is therefore subject to the jurisdiction of the courts of Minnesota.
13.3 		Subd. 8.Investigative powers.  In an investigation by the department into alleged 
13.4 	violations of this section, the department's investigative powers include but are not limited 
13.5 	to the ability to subpoena any algorithm used by a social media platform related to any 
13.6 	alleged violation.
13.7 		Subd. 9.Enforcement. Notwithstanding any other law to the contrary, this section may 
13.8 	be enforced only to the extent not inconsistent with federal law and United States Code, 
13.9 	title 47, section 230(e)(3).

13.10 	Sec. 5. SEVERABILITY.
 13.11 	If any provision of this act or the application thereof to any person or circumstance is 
13.12 	held invalid, the invalidity does not affect other provisions or applications of the act which 
13.13 	can be given effect without the invalid provision or application. Minnesota Statutes, sections 
13.14 	211B.40, 325D.75, and 325E.80, are severable.