TRENTON, NJ – A groundbreaking bill introduced in New Jersey seeks to regulate social media websites by prohibiting the practice of selectively suspending, also known as “deplatforming,” candidates for office. The bill mandates that from the moment a candidate qualifies for an election until the election date, or until they are no longer a candidate, social media platforms are forbidden from willfully deplatforming them. This legislation aligns with federal law and applies to any social media site that is aware of the candidate’s status.
Social media companies are required to provide a verification mechanism for users to identify themselves as qualified candidates. This system must include sufficient details to enable the platforms to confirm a user’s candidacy through official election websites. Moreover, the bill stipulates that social media sites must notify candidates of any free advertising provided, distinguishing it as an in-kind contribution. It clarifies that standard posts and content by candidates should not be treated as free advertising.
Significantly, the bill introduces hefty penalties for violations, with social media websites facing fines of up to $250,000 per day for infractions affecting statewide office candidates, and $25,000 per day for those involving other candidates. This is enforced by the Election Law Enforcement Commission, which is empowered to apply these sanctions in addition to existing state law remedies.
Additionally, the legislation establishes a private right of action for users who believe their political or religious speech has been unfairly censored or altered by social media algorithms. Successful claimants may receive damages, and prevailing parties in such lawsuits are entitled to costs and reasonable attorney fees.
The bill emphasizes fairness in content moderation, stating that evidence of restoring previously deleted or censored speech should be considered in damage assessments. Conversely, allegations of hate speech cannot be used as a defense for the platform’s actions against a user’s speech.
Furthermore, the New Jersey Attorney General is authorized to initiate civil actions on behalf of users whose political or religious speech has been censored, under specified conditions. This comprehensive legislation seeks to ensure that social media platforms operate transparently and fairly, especially during critical election periods, while safeguarding the freedom of speech for political and religious expressions.