A bill for an act
relating to commerce; regulating certain activities by social media platforms;
providing antitrust protections; prohibiting certain unfair and deceptive practices;
providing penalties; proposing coding for new law in Minnesota Statutes, chapters
211B; 325D; 325E.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
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The legislature of the state of Minnesota finds:
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(1) social media platforms represent an extraordinary advance in communication
technology for Minnesota citizens;
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(2) users should be afforded control over personal information related to social media
platforms;
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(3) Minnesota citizens increasingly rely on social media platforms to express political
and other opinions;
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(4) social media platforms have transformed into the new public town square;
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(5) social media platforms have become as important for conveying public opinion as
public utilities are for supporting modern society;
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(6) social media platforms hold a unique place in preserving first amendment protections
for all Minnesota citizens and should be treated similarly to common carriers;
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(7) social media platforms that unfairly censor, shadow ban, deplatform, or apply
post-prioritization algorithms to Minnesota political candidates, Minnesota users, or
Minnesota citizens are not acting in good faith;
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(8) social media platforms should not take any action in bad faith to restrict access or
availability to Minnesota citizens;
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(9) social media platforms have unfairly censored, shadow banned, deplatformed, and
applied post-prioritization algorithms to Minnesota citizens;
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(10) Minnesota has a substantial interest in protecting residents from inconsistent and
unfair actions by social media; and
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(11) Minnesota must vigorously enforce state law to protect Minnesota citizens.
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(a) For purposes of this section, the following terms have
the meanings given.
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(b) "Deplatform" has the meaning given in section 325E.80, subdivision 1, paragraph
(d).
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(c) "Social media platform" has the meaning given in section 325E.80, subdivision 1,
paragraph (h).
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(d) "User" has the meaning given in section 325E.80, subdivision 1, paragraph (i).
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A social media platform is
prohibited from willfully deplatforming a candidate for office who is known by the social
media platform to be a candidate. The prohibition under this subdivision begins on the date
of qualification and ends on the date of the election or the date the candidate ceases to be
a candidate. A social media platform must provide each user a method by which the user
may be identified as a qualified candidate and which provides sufficient information to
allow the social media platform to confirm the user's qualification by reviewing the secretary
of state's website or the website of the local supervisor of elections.
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If the secretary of state determines a social media platform has violated
subdivision 2, in addition to the remedies provided in sections 10A.34 and 211B.19, the
social media platform may be fined $250,000 per day for a candidate for statewide office
and $25,000 per day for a candidate for other offices.
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A social media platform that willfully provides free advertising
for a candidate must inform the candidate of the in-kind contribution. Posts, content, material,
and comments by candidates which are shown on the platform in the same or similar way
as other users' posts, content, material, and comments are not considered free advertising.
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Notwithstanding any law to the contrary, this section may only
be enforced to the extent not inconsistent with federal law and United States Code, title 47,
section 230(e)(3).
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(a) For purposes of this section, the following terms have
the meanings given.
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(b) "Affiliate" means: (1) a predecessor or successor of a person convicted of or held
civilly liable for an antitrust violation; or (2) an entity under the control of any natural person
who is active in the management of the entity that has been convicted of or held civilly
liable for an antitrust violation. Affiliate includes the officers, directors, executives, partners,
shareholders, employees, members, and agents who are active in the management of an
affiliate. The ownership by one person of shares constituting a controlling interest in another
person, or a pooling of equipment or income among persons when not for fair market value
under an arm's length agreement, is a prima facie case that one person controls another
person. Affiliate also includes a person who knowingly enters into a joint venture with a
person who has violated an antitrust law during the preceding 36 months.
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(c) "Antitrust violation" means any failure to comply with a state or federal antitrust law
as determined in a civil or criminal proceeding brought by the attorney general, a state
attorney, a similar body or agency of another state, the Federal Trade Commission, or the
United States Department of Justice.
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(d) "Antitrust violator vendor list" means the list required under subdivision 3, paragraph
(b).
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(e) "Economic incentives" means state grants, cash grants, tax exemptions, tax refunds,
tax credits, state funds, and other state incentives under chapter 116J or administered under
chapter 116O by Enterprise Minnesota, Inc.
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(f) "Person" means a natural person or an entity organized under the laws of any state
or of the United States which operates as a social media platform, as defined in section
325E.80, subdivision 1, paragraph (h), with the legal power to enter into a binding contract
and which bids or applies to bid on contracts let by a public entity, or which otherwise
transacts or applies to transact business with a public entity. Person includes the officers,
directors, executives, partners, shareholders, employees, members, and agents who are
active in the management of an entity.
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(g) "Public entity" means the state of Minnesota and any of the state's departments or
agencies.
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(a) A person or an affiliate who has been placed on the antitrust
violator vendor list following a conviction or being held civilly liable for an antitrust violation
is prohibited from: (1) submitting a bid, proposal, or reply for any new contract to provide
any goods or services to a public entity; (2) submitting a bid, proposal, or reply for a new
contract with a public entity for the construction or repair of a public building or public
work; (3) submitting a bid, proposal, or reply on new leases of real property to a public
entity; (4) being awarded or performing work as a contractor, supplier, subcontractor, or
consultant under a new contract with a public entity; and (5) transacting new business with
a public entity.
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(b) A public entity is prohibited from accepting a bid, proposal, or reply from, awarding
a new contract to, or transacting new business with a person or affiliate on the antitrust
violator vendor list unless the person or affiliate has been removed from the list pursuant
to subdivision 3, paragraph (e).
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(c) This subdivision does not apply to contracts that were awarded or business transactions
that began before a person or an affiliate was placed on the antitrust violator vendor list or
before July 1, 2021, whi