Florida governor DeSantis signs Stop Social Media Censorship Act — will it work?
Florida governor DeSantis signs Stop Social Media Censorship Act — will it piece of work?
Florida governor Ron DeSantis signed the state's Stop Social Media Censorship Deed into constabulary on Monday, promising it will prohibit social media platforms from "willfully deplatforming" candidates for political office under threat of huge fines.
The beak received support from conservatives in response to former president Donald Trump's Twitter and Facebook bans. However, while this legislation aims to forestall social media companies from banning future political candidates, information technology may testify difficult if not impossible to enforce.
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Technically yes, in the sense that information technology'south been signed into Florida police. In theory this ways social media companies could exist fined up to $250,000 per solar day for banning candidates for statewide office, and up to $25,000 per day for local office candidates. It also empowers the Florida country attorney general to more easily bring lawsuits against tech companies that are perceived to have acted unfairly with regards to sure candidates.
However, existing federal laws and legal precedents would likely see the bill's provisions struggle to stand up in court. Mayhap the most ironclad of these is Department 230 of the Communications Decency Human action, passed in 1996, which states that "No provider or user of an interactive reckoner service shall be treated as the publisher or speaker of whatsoever information provided by some other information content provider." It also permits "whatsoever activity voluntarily taken in good faith to restrict access to or availability of material."
While more liberal activists have complained that Department 230 prevents social media companies from beingness held accountable for hosting hate speech on their platforms, the trouble for conservative-minded legislation like the Stop Social Media Censorship Deed is that information technology also enshrines the right of social media platforms to take down content and ban users, as long as it does so in good organized religion.
In other words, as long as social media companies can point to a reason across simple partisanship for banning a user — as Facebook and Twitter did for banning Trump in the aftermath of the Jan 6 riot — whatever attempts to sue them on the grounds of the Florida bill'south provisions will bump upward against the much more than established Section 230.
Over again, while the Stop Social Media Censorship Act was legitimately signed into law, in a court scenario it may be seen as at odds with elements of the U.South. Constitution. Nether Supreme Court precedent, the Showtime Amendment protects private entities — like social media platforms equally well equally more traditional media like newspapers — from being forced to host, print or otherwise publish another person or group'southward spoken language.
Equally such, attempts to strength Facebook or Twitter to maintain a user'southward business relationship, even if they've broken that privately-run platfom'south terms and conditions of use, could autumn flat under a Kickoff Amendment defence force.
If you're a individual social media user, fifty-fifty i living in Florida, the Stop Social Media Censorship Human action is unlikely to have a direct effect on you. Its provisions regarding the forced unbanning of users only apply to candidates actively seeking political office; notably, Donald's Trump Jan bans wouldn't have fallen under the neb'south protections every bit he wasn't a candidate at the time.
There are other elements to the legislation, including the requirement of social media to allow users to view a solely chronological content feed without any algorithm-based personalization. Once again, though, actually enforcing this could see social media companies respond by asserting their rights nether Section 230 to avoid having to present or hibernate certain content.
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Source: https://www.tomsguide.com/news/florida-governor-desantis-signs-stop-social-media-censorship-act-will-it-work
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