[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8323 Introduced in House (IH)]
<DOC>
116th CONGRESS
2d Session
H. R. 8323
To require social media companies to establish an office dedicated to
identifying and removing violent and gory content that violates such
company's social media platform content moderation standards.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 21, 2020
Mr. Brindisi introduced the following bill; which was referred to the
Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To require social media companies to establish an office dedicated to
identifying and removing violent and gory content that violates such
company's social media platform content moderation standards.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as ``Bianca's Law''.
SEC. 2. OFFICE DEDICATED TO IDENTIFYING AND REMOVING VIOLENT AND GORY
CONTENT.
(a) In General.--Not later than 1 year after the date of the
enactment of this Act, each social media company shall establish an
office to identify and address violent and gory content that violates
such company's social media platform content moderation standards or
terms of service agreements. At least one dedicated staff member who
reports directly to the highest official at the social media company
who shall, either directly or through a supervised designee--
(1) educate and train employees about compliance
requirements that are consistent with the social media
company's company's social media platform content moderation
standards or terms of service agreements;
(2) train employees involved in processing of content on
the social media platform that violates such standards or
agreements;
(3) conduct regular, comprehensive audits to ensure
compliance and make records of such audits publicly available
on the social media platform;
(4) maintain updated, clear, and understandable records of
all relevant practices undertaken by the social media company;
and
(5) serve as the point of contact between the social media
company and the Federal Trade Commission.
(b) Name and Contact Information.--The company shall also make the
name and contact information (including phone number) for this officer
publicly available.
(c) Definitions.--As used in this Act--
(1) the term ``social media company'' means any person that
owns, manages, or operates a social media platform and has an
annual revenue in excess of $10,000,000;
(2) the term ``social media platform''--
(A) means a website or internet medium, including a
mobile application, that--
(i) permits a person to become a registered
user, establish an account, or create a profile
for the purpose of allowing users to create,
share, and view user-generated content through
such an account or profile;
(ii) enables one or more users to generate
content that can be viewed by other users of
the medium; and
(iii) serves as a medium for users to view
content generated by other users of the medium;
and
(B) does not include--
(i) any such platform that serves fewer
than 100,000 users who access their account or
profile at least once a month; or
(ii) an email program, email distribution
lists, multi-person text message groups, or a
website that is primarily for the purpose of
internet commerce;
(iii) a private platform or messaging
service used by an entity solely to communicate
with others employed by or affiliated with such
entity; or
(iv) an internet-based platform whose
primary purpose is--
(I) to allow users to post product
reviews, business reviews, travel
information and reviews; or
(II) to provide news or
entertainment content, but that may
also include a comment section for
users to discuss such news or
entertainment content if such comment
section does not include functionality
that permits a user to share images,
videos, or other visual depictions; and
(3) the term ``violent and gory content'' means images,
video, or other visual depictions of graphic, serious injury or
death in a manner that has no or limited cultural or social
value.
SEC. 3. ENFORCEMENT.
(a) Enforcement by the Federal Trade Commission.--
(1) Unfair or deceptive acts or practices.--A violation of
this Act or a regulation promulgated under this Act shall be
treated as a violation of a rule defining an unfair or
deceptive act or practice prescribed under section 18(a)(1)(B)
of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)).
(2) Powers of the commission.--
(A) In general.--The Commission shall enforce this
Act and any regulations promulgated under this Act in
the same manner, by the same means, and with the same
jurisdiction, powers, and duties as though all
applicable terms and provisions of the Federal Trade
Commission Act (15 U.S.C. 41 et seq.) were incorporated
into and made a part of this Act, and any person who
violates this Act or a regulation promulgated under
this Act shall be subject to the penalties and entitled
to the privileges and immunities provided in the
Federal Trade Commission Act.
(B) Regulations.--The Commission may, under section
553 of title 5, United States Code, prescribe any
regulations it determines necessary to carry out this
Act.
(C) Effect on other laws.--Nothing in this Act
shall be construed in any way to limit the authority of
the Commission under any other provision of law.
(b) Enforcement by State Attorneys General.--
(1) In general.--If the chief law enforcement officer of a
State, or an official or agency designated by a State, has
reason to believe that any person has violated or is violating
section 2, the attorney general, official, or agency of the
State, in addition to any authority it may have to bring an
action in State court under its consumer protection law, may
bring a civil action in any appropriate United States district
court or in any other court of competent jurisdiction,
including a State court, to--
(A) enjoin further such violation by such person;
(B) enforce compliance with such section;
(C) obtain civil penalties; and
(D) obtain damages, restitution, or other
compensation on behalf of residents of the State.
(2) Notice and intervention by the ftc.--The attorney
general (or other such officer) of a State shall provide prior
written notice of any action under paragraph (1) to the
Commission and provide the Commission with a copy of the
complaint in the action, except in any case in which such prior
notice is not feasible, in which case the attorney general
shall serve such notice immediately upon instituting such
action. The Commission shall have the right--
(A) to intervene in the action;
(B) upon so intervening, to be heard on all matters
arising therein; and
(C) to file petitions for appeal.
(3) Limitation on state action while federal action is
pending.--If the Commission has instituted a civil action for
violation of this Act, no State attorney general, or official
or agency of a State, may bring an action under this paragraph
during the pendency of that action against any defendant named
in the complaint of the Commission for any violation of this
Act alleged in the complaint.
(4) Relationship with state law claims.--If the attorney
general of a State has authority to bring an action under State
law directed at acts or practices that also violate this Act,
the attorney general may assert the State law claim and a claim
under this Act in the same civil action.
(c) Savings Clause.--Nothing in this Act shall preempt or otherwise
affect any State or local law.
<all>