Beginning January 1, 2024, this bill requires an operator of a social media platform authorizing users located in this state to post content or material on the platform to annually obtain a certificate of public convenience and necessity as a social media common carrier from the Tennessee public utility commission. This bill generally authorizes the commission to develop forms and promulgate rules to effectuate this bill's purposes, including prescribing an equitable fee schedule based on a social media platform's gross annual revenue or the number of global individual platform participants.
If a social media platform fails to obtain a certificate or provide the commission with required information, this bill requires the commission to hold a contested case hearing and, if applicable based on the results of the hearing, fine the operator up to $50,000. The fine may be reassessed every 30 days that an operator remains noncompliant with the certification or disclosure requirements.
This bill generally prohibits a social media platform from intentionally deplatforming or shadow banning a user of the social media platform if the basis of such action is rooted in political ideology, viewpoint discrimination, personal animus, or discrimination because of race, creed, color, religion, sex, age, or national origin. The general prohibition does not apply to actions that a social media platform takes to restrict access to, or the availability of, material that the social media platform considers to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable, regardless of whether the material is constitutionally protected.
If the commission determines, following a contested case hearing, that a social media platform violated the prohibition against deplatforming or shadow banning, this bill authorizes the commission to suspend or revoke the platform operator's certificate and fine the operator as follows:
(1) For a user who is not a candidate for public office or an official, $25,000 for each day the violation continues; or
(2) For a user known by the social media platform to be a candidate for public office or an official, $100,000 for each day the violation continues.
If the commission finds that a social media platform has violated the prohibition against deplatforming or shadow banning, this bill authorizes a platform user to sue the platform operator for actual damages, punitive damages, equitable relief, and costs and reasonable attorney fees.
A social media platform will not be subject to an administrative fine or to damages under this bill if the commission or court, as applicable, finds that the social media platform:
(1) Relied in good faith on federal law concerning blocking and screening offensive content in censoring or banning a user and applied such censorship or ban fairly and equitably to all users of the social media platform who posted the same or substantially the same objectionable material;
(2) Has in place an adequate appeals process that is available to the user; and
(3) Agrees to restore the user's account in a reasonable period of time.
Any appeal of a final action of the commission under this bill must be made directly to the court of appeals.