Prohibits the knowing and reckless promotion of unlawful or false material and providing remedies for the violation of such prohibition

◆ The sponsor's argument

Why the sponsor says this is needed

For years, social media companies have claimed protection from any legal consequences of their actions relating to content on their websites by pointing to Section 230 of the Communications Decency Act. Section 230 provides that "No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider." Essentially, websites cannot be held liable for the tortious speech of its users. Social media websites are no longer a simple host for their users' content, however. Many social media companies employ complex algorithms designed to put the most controversial and provocative content in front of users as much as possible. These algorithms help the social media companies drive engagement with their platform, keep users hooked, and increase profits. Social media companies employing these algorithms are not an impassive forum for the exchange of ideas; they are active participants in the conversation. In October 2021, Frances Haugen, a former Facebook employee, provided shocking testimony to United State Senators alleging that the company knew of research proving that its product was harmful to teenagers but purposefully hid that research from the public. She also provided testi- mony that the company was willing to use hateful content to retain users on the social media website. Social media amplification has been linked to many societal ills, including, vaccine disinformation, encouragement of self-harm, bullying, and body-image issues among youth, and extremist radicalization leading to terrorist attacks like the January 6th insurrection against the U.S. Capitol. When a website knowingly or recklessly promotes hateful or violent content, they create a threat to public health and safety. The promotion of content is a separate, affirmative act from the mere hosting of information and therefore not contemplated by the protections of Section 230 of the Communications Decency Act. This bill will provide a tool for the Attorney General, city corporation counsels, and private citizens to hold social media companies and others accountable when they promote content they know or reasonably should know the content: 1. Advocates for the use of force, is directed to inciting or producing imminent lawless action, and is likely to produce such action; 2. Advocates for self-harm, is directed to inciting or producing immi- nent self-harm, and is likely to incite or produce such action; or 3. Includes a false statement of fact or fraudulent medical theory that is likely to endanger the safety or health of the public.

This is the sponsor's own case for the bill, quoted from their memorandum. It is not Agora's description of what the bill does.