CA bill would fine social media sites that allow algorithmic spread of hate speech

A proposed California law, Senate Bill 771 targets social media companies which could face legal action and large fines if their algorithms spread content that violates California civil rights laws, specifically things like hate speech

SB 771 has already passed the California Senate and it's now being reviewed in the California State Assembly

The bill's author, California State Senator Henry Stern, says the bill would hold social media companies accountable for content spread through algorithms

It's to simply say that just because it's an algorithm doesn't mean that it's not some kind of expression from that platform

And so when your algorithm facilitates the distribution, say, of criminal content or makes crimes worse or adds to abuses or things that result, say, in hate crimes, that they'll be held to the same standards as an average citizen would if they were facilitating the same kind of crime

If SB 771 becomes law, a social media platform allowing hate speech content to spread could face a $500,000 civil penalty

Or if it knowingly violates the law, it could be fined up to a million dollars

The reason for the bill according to lawmakers is that hate crimes are increasing and online platforms are helping spread hate and disinformation especially against LGBTQ plus people Jewish people immigrants and other marginalized groups

Some argue if SB 771 becomes law, it could conflict with First Amendment protections

The Computer and Communications Industry Association, which represents communications and tech firms, is against the proposed bill, arguing it raises serious constitutional concerns by infringing on the editorial discretion of platforms

First Amendment rights that have long been protected for publishers, broadcasters, and digital services alike

The CCIA also says the bill clashes with Section 230, which is part of the Communications Decency Act passed back in 1996

as an update to the Communications Act of 1934. Section 230 basically protects online platforms from being sued over what their users post

Senator Stern says the purpose of the act is not to regulate speech

According to the bill, it's to clarify that social media platforms, like all other businesses, may not knowingly use their systems to promote, facilitate or contribute to conduct that violates state civil rights laws

For Straight Arrow News, I'm Lauren Keenan. For more on this story, download the Straight Arrow News app or visit san.com