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Government Social Networks The Courts

Georgia Senate Passes Bill Seeking To Regulate Social Media (apnews.com) 389

The Georgia state Senate voted 33-21 on Tuesday to pass a bill that seeks to prohibit social media platforms from removing or censoring content amid an outcry from conservatives that their political views are being discriminated against, even though a similar Texas law has been put on hold by a federal court. The Associated Press reports: Senate Bill 393 moves to the House for more debate. It declares that social media companies that have more than 20 million users in the United States are common carriers and that they can't block people from receiving certain messages based on viewpoints, location, race, ethnicity, religion, political beliefs, gender, sexual orientation or disability. "What we are stating here is you cannot be discriminated against for your viewpoint, your gender, your age or other things in this 21st century public square," said Sen. Greg Dolezal, a Cumming Republican who is sponsoring the bill. Dolezal said companies could still pull down lewd, obscene or offensive materials.

But the technology industry says the measure is illegal, in part because it would unconstitutionally make private companies host speech they don't agree with. They also argue that private owners should be able to do as they please with their own property. Dolezal has acknowledged that the state would be sued if it passed the law, but argues that a challenge could be heard by the U.S. Supreme Court, breaking new and desirable ground. Researchers have not found widespread evidence that social media companies are biased against conservative news, posts or materials.

The bill says social media companies must publish how it moderates content, targets content to specific users, and how it boosts the reach or hides specific content. It also says social media companies have to publish a report every six months on how often they were alerted to potentially illegal content and how many times they removed or downplayed content and suspended or removed users. Anyone who doesn't think a company is following the law could file a civil lawsuit, including a class action, in Georgia courts.

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Georgia Senate Passes Bill Seeking To Regulate Social Media

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  • Isn't the First Amendment there to PREVENT the Government from doing this nonsense?

    • by Phact ( 4649149 ) on Wednesday March 09, 2022 @08:13AM (#62339781)

      This the true face of conservatives: heavy handed, unconstitutional, willing to use the power of the government to force business to carry their rancid threats, racism, and propaganda. Nobody was ever shut down for advocating low taxes and limited regulation, but that's not who were dealing with here.
      Nothing says "limited government regulation" like forcing you to turn your business into another one of their misogynistic sewers.

      • What about my freedoms?
        school institutes mask policy
        Oh no you can't do that. Let me pass a law so your funding is withheld.

        Freedom indeed.

      • Yeah conservatives always insisting people have a right to speak and be heard in the public space. What garbage. I mean the next thing you know they might come up with the idea that it's wrong to discriminate against people on the basis of race creed or color. Or even something more ridiculous like it's the content of your character rather than the color of your skin.

        • Twitter is a public space?

          • Twitter is a public space?

            It isn't and yet it is, sorta. Just like malls are private places but are treated like public ones in many ways for the benefit of society (like they can't tell you that you can't take a photo in the mall, because there is substantial public interest in those photos, though they can kick you out for antisocial behavior) there is an argument to be made that Twitter (etc.) can be regulated on the same basis because it's where the public is.

            And in fact web sites are regulated, the right wingers simply perceive

            • But they're not held responsible like malls are. Social media are specially protected from public liability for the messages they promote, target specific groups of people with, & broadcast. They claim they're not responsible for the highly profitable hate speech & incitements to criminal activity that they promote.
              • Extremist politicians clearly believe that there isn't enough hate speech & incitement on social media & so want to pass a law to increase it.
              • Malls aren't responsible for what patrons say in malls, either. Their speech is their responsibility. I'm not sure what you were trying to prove here, but you didn't.

          • Twitter is a public space?

            It is a space (too much of) the public (sadly) exists in. When any business opens their doors to members of the public they necessarily lose some rights to do as they please. This is because the rights and interests of the individuals have to be weighed against the interests of the business owner.

          • Re: (Score:3, Insightful)

            by jwhyche ( 6192 )

            Twitter is a public space?

            According to the CEO they are.

            https://www.usnews.com/news/ar... [usnews.com]

            If Twitter is going to call themselves a "global town square" then they need to be treated like a "global town square."

        • Twitter, Facebook, et al. are NOT public spaces. They are private companies. Social media is not a right, neither enumerated nor implied.

          Nobody is stopping "conservatives" (and I'm using that in the loosest possible sense, since the people demanding this stuff tend to come from the crazy far right) from spinning up their own social media platforms wherein they are free to post whatever misinformed drivel they want. They have tried, of course, but since these platforms only attract people with the same views

          • by jwhyche ( 6192 )

            Twitter, Facebook, et al. are NOT public spaces.

            Yes, they are. Twitter, at least, has refereed to itself as "global town square" more than once.

            https://www.usnews.com/news/ar... [usnews.com]

            If they want to call themselves that then they need to be treated like that.

        • by GlennC ( 96879 ) on Wednesday March 09, 2022 @09:10AM (#62339949)

          Yeah conservatives always insisting people have a right to speak and be heard in the public space.

          Unless you say something they don't like.
          Or something that goes against their "Christian" morals.
          Or anything that suggests that their ancestors were anything but heroes and paragons of virtue.
          Or if you insinuate that the "Dear Leaders" are anything other than the most exemplary and benevolent rulers ever.
          And Heaven forbid that anyone suggests that the United States of America is not the greatest nation in the world.

          • by Keick ( 252453 )

            I usually don't reply to sh*t like this, I just assume your trolling. But in this case I'm not certain that you are trolling.

            I'm conservative, and I believe in free speech just like everyone else. I think what you said is complete BS and easily refuted. But I also don't mind that you said ii, as obviously you've come to this conclusion for some specific reason. I am curious as to what that reason is. If that reason is something you say on reddit/tiktok/twitter than I strongly suggest you get out and talk to

        • Yeah conservatives always insisting people have a right to speak and be heard in the public space. What garbage. I mean the next thing you know they might come up with the idea that it's wrong to discriminate against people on the basis of race creed or color. Or even something more ridiculous like it's the content of your character rather than the color of your skin.

          Except that's a red herring. Freedom of speech isn't absolute, never was. The first amendment is this and nothing else:

          "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances." It means that congress - which is the government - is not able to create laws establishing an official religion or

    • The constitution is a piece of paper.

      It can't prevent anyone from doing anything. Any one can raise a bill and then have it passed. It can ultimately be struck down by the Supreme Court if it gets that far, but there's nothing in the constitution that says you can't try to come up with a law.
      • Except if you actually read the first amendment 'coming up with' a law exactly what it restricts. "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances".

        I think "shall make no law" is kind of clear. It is not "make a law but don't expect it to stick if someone challenges it". While some la

        • by nagora ( 177841 )

          Except if you actually read the first amendment 'coming up with' a law exactly what it restricts. "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances".

          I think "shall make no law" is kind of clear. It is not "make a law but don't expect it to stick if someone challenges it".

          It makes no practical difference. If the law is not struck down as unconstitutional by someone then it stands. The Supreme Court isn't running time-jumping agents to go back and stop you before it's passed, and no cop is going to listen to "but that law is unconstitutional" as they cart you off or every loonie in the country would be exempt from arrest.

        • by jwhyche ( 6192 )

          "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances".

          If you really want to nitpick the first amendment, take a look at that first word, "Congress." It doesn't say "government" but specifically "Congress."

          Now think about what that implies. The amendment directly specifies a branch of the Federal government and states what it can not do. No where in the amendment does it specify state or local governments. If you take the amendment as written then local and state governments can freely restrict speech, the press, religion, assembly, and petitions.

          Ye

    • Isn't the First Amendment there to PREVENT the Government from doing this nonsense?

      This move, attempts to actually legitimize that online cesspool of hype and bullshit that we like to call a "21st Century Town Square."

      I'd much rather the Government remember we still have actual Town Squares. And actual Town Halls. And we still elect and put actual humans in them.

      Stop trying to legitimize the digital town square. And GET fucking social media classified as entertainment and nothing more. You've got a better chance of eradicating Chicago crime by this weekend than you do cleaning up soc

    • The law is framing an interesting legal theory. It is defining protected categories that an entity has to provide service. That concept has survived legal challenges (e.g. the Fair Housing Act prohibits a landlord from discriminating because of race or gender). I also think that this law has some precedent that may help it survive a legal challenge. Also, municipalities and states have enacted anti-discrimination laws that have expanded the number of protected categories. Is a web service such as Facebo
      • Arguably facebook etc have sidestepped the traditional responsibility and liability that comes with being a publisher. They have done this by not actually publishing but by filtering what is seen on their sites. They are operating under section 230 of the communications decency act without actually living up to the spirit of the law .

        https://www.law.cornell.edu/us... [cornell.edu]

        (1) to promote the continued development of the Internet and other interactive computer services and other interactive media;
        (2) to preserve the vibrant and competitive free market that presently exists for the Internet and other interactive computer services, unfettered by Federal or State regulation;
        (3) to encourage the development of technologies which maximize user control over what information is received by individuals, families, and schools who use the Internet and other interactive computer services;
        (4) to remove disincentives for the development and utilization of blocking and filtering technologies that empower parents to restrict their children’s access to objectionable or inappropriate online material; and
        (5) to ensure vigorous enforcement of Federal criminal laws to deter and punish trafficking in obscenity, stalking, and harassment by means of computer.

        Just about every policy goal stated is a fail. Twitter especially so as the service is little more than a means to organize harassment.

        • by DRJlaw ( 946416 )

          They are operating under section 230 of the communications decency act without actually living up to the spirit of the law .

          https://www.law.cornell.edu/us [cornell.edu]...

          (1) to promote the continued development of the Internet and other interactive computer services and other interactive media;
          (2) to preserve the vibrant and competitive free market that presently exists for the Internet and other interactive computer services, unfettered by Federal or State regulation;
          (3) to encourage the development of technologies wh

          • " without actually living up to the spirit of the law"

            Policy and goals of the law??

            There is little doubt that what twitter / facebook do is the same as publishing a viewpoint. The only difference is the origin. Instead of directly generating the propaganda they encourage and promote others to generate it.

      • The law is framing an interesting legal theory. It is defining protected categories that an entity has to provide service.

        No, that is a red herring. No one is barred service because of their gender, religion, race or political affiliation - they are barred service because of their speech or actions which the service-provider doesn't want to be associated with. Just like how a landlord can't evict someone based on their religion, but the person can be evicted for playing loud religious music 24/7 because that breaks the warranty of habitability.

        Legally extending the protective categories protections to their actions too is one

        • You highlighted the key point that the courts will have to decide. Can a provider bar speech that they do not want to be associated with? Is that type of speech akin to "loud religious music" disturbing the neighbors or is the platform a venue where loud and obnoxious noise is expected. I think a big part will be in the content rules of the platform. A platform focused on knitting is likely to be able to moderate more content than Twitter.

          I personally don't agree with the law. I think platforms should

          • I do think platforms should be transparent on their moderation and how they algorithmically display content. There is a great deal of power in how these platforms can shape public opinion and it is in the public interest to have that transparency.

            If the platforms doesn't have a leeway in how they moderate we will see the rules-lawyering increase magnitudes. It would be nice for a platform to be totally transparent in how they run their service, but that's something that I see as impractical for the reason I mentioned.

            I don't see an easy way to solve that problem because human nature is what human nature is. I do agree though that the service providers can be better in how they communicate their decisions since in many cases it just says "You've been

    • What? You expect the GQP to follow the Constitution?

    • Isn't the First Amendment there to PREVENT the Government from doing this nonsense?

      Not according to Marsh v Alabama. Government exists to protect our rights.

    • by rsilvergun ( 571051 ) on Wednesday March 09, 2022 @09:58AM (#62340137)
      was asked to name the five freedoms guaranteed by the 1st Amendment during her confirmation hearing. She couldn't.

      This wasn't a gotcha question. It's something you learn in 6th grade. Maybe you forgot it. You're not a judge. You're not sitting for a confirmation hearing for the Supreme Count. She was. Is.

      So we have a Supreme Court Justice who can't answer middle school level questions about the 1st amendment. Our system of gov't is broken. Fundamentally. Voters need to change how and who they vote for to fix it or we're going to see more bills like this, and they're going to be upheld.

      And it won't matter what the 1st amendment is. The people in charge of you don't care.

      Vote. While you still can. Vote in your primary. Watch out for pro-corporate candidates. Do some googling before you vote. If you can't find clear stances on common policies that's a red flag. Never listen to a politician. They use body language and acting techniques to trick you. Look up transcripts and read what they said. Tell everyone you can to do the same.

      Stop demanding your politicians and your news entertain you. Politics is supposed to be boring. Same for news. If you're having fun you're being tricked.
  • bans the US President, people recognize that as wrong. Invading another country and mass arresting protestors is certainly much more wrong than âoehe said something mean.â

    • The US President is not banned. Biden is the US President.

      What has Putin said on Twitter that has breached the Terms of Service?
      • What has Putin said on Twitter that has breached the Terms of Service?

        Ah, because that suddenly matters now?

        “To all of those who have asked, I will not be going to the Inauguration on January 20th.”

        That was literally a tweet from Trump that was classified by Twitter as "Glorification of Violence." Meanwhile, Putin leads actual violence. Give me a fucking break.

        • by SirSlud ( 67381 )

          It was two tweets, in a specific context of time, and sure, the implications of which were certainly open to interpretation. The one Twitter made wasn't incomprehensible unless one was being either disingenuous or simply incapable of a modicum of objective distancing. You can disagree with it, but the logic is parsable.

          Twitter doesn't ban people for inciting violence on their own time, it bans people for violating their policies. If you want to make a case, show us some tweets from Putin that violate their

    • bans the US President, people recognize that as wrong. Invading another country and mass arresting protestors is certainly much more wrong than âoehe said something mean.â

      Perhaps now you recognize Twitter for what it is; an American political weapon.

      Twitter doesn't give a shit about Putin, because it hasn't been ordered to.

    • Twitter didn't ban the US president for being mean, they banned the US president for violating their terms of service. To wit, he was both inciting violence and deliberately spreading disinformation. When Putin does the same thing he will likely be banned with the same explanation. But Putin is much smarter than Trump, not that this is saying anything really, so he is capable of navigating such restrictions in a way that Trump isn't.

      • Putin has several quasi-legitimate news organizations and an army of sympathetic hackers. He has no need for social media to spread threats of violence and misinformation.

        • Putin has several quasi-legitimate news organizations and an army of sympathetic hackers. He has no need for social media to spread threats of violence and misinformation.

          Trump had the most watched TV "news" station in the country and an army of enthusiastic dumbshits, he had no theoretical need for social media either but he's not smart enough to fully use the other means which were at his disposal. Nor, apparently, were the other people in his administration engaging in messaging. He always had to use the personal touch, which is on-brand for him but also very stupid in many cases.

  • We still have actual Town Squares. And Town Halls. And leaders in them.

    Make the 21st century cesspool of hype and bullshit that you want to call a "town square", worthless. THAT is the correct way to deal with this.

    You want social media? Fine. Call it what it is; entertainment, and nothing more.

    • I'm waiting for interviewees to start challenging the talking heads when they promote Twitter content.

      "@realtalk69 isn't a real person. It's a bot that tricked you into quoting it on national TV. I don't respond to bots."

  • by ArchieBunker ( 132337 ) on Wednesday March 09, 2022 @08:19AM (#62339789)

    Suddenly wants the heavy hand of government when their feelings are hurt over the actions of private companies.

    • Suddenly? They are ALWAYS crying about how they want the government to do things... just not the things it's doing. Right-wingers are CONSTANTLY saying there oughta be a law to address something, the cops oughta do something about something... Just never them

  • The Georgia state Senate voted 33-21 on Tuesday to pass a bill that seeks to prohibit social media platforms from removing or censoring content amid an outcry from conservatives that their political views are being discriminated against, even though

    ...most political bias comes from users and not platforms [iu.edu], and "social media platforms have actually amplified right-leaning voices algorithmically" [variety.com] because they only care about engagement, which produces more clicks and views and thus more ad revenue.

    Yes, frien

    • The Georgia state Senate voted 33-21 on Tuesday to pass a bill that seeks to prohibit social media platforms from removing or censoring content amid an outcry from conservatives that their political views are being discriminated against, even though

      ...most political bias comes from users and not platforms [iu.edu], and "social media platforms have actually amplified right-leaning voices algorithmically" [variety.com] because they only care about engagement, which produces more clicks and views and thus more ad revenue.

      Yes, friends, we know beyond any doubt that social media is actually friendlier to conservative speech than liberal speech, but not for any political reason — social media companies don't have morality to cause political leanings — it's only because being that way is profitable.

      You are right, but this is about securing 1st amendment rights of free speech for Republicans and silencing literally everybody else. Throwing facts and reality at these people is completely pointless because they see themselves as patriots on a holy crusade to save US America from government that isn't dominated by them

  • Sen. Greg Dolezal, a Cumming Republican who is sponsoring the bill. Dolezal said companies could still pull down lewd, obscene or offensive materials.

    You have to let me say what I like, but I can still prevent you from saying what I don't like.

  • "But the technology industry says the measure is illegal, in part because it would unconstitutionally make private companies host speech they don't agree with."

    Okay, I'm good with that, now they have to take legal responsibility for the content of all posts because they agree with them.

  • 1: Being an asshole who acts like the rules don't apply to you doesn't mean you're being censored. It means you're being an asshole who acts like the rules don't apply to you and you're being slapped down for violating the terms of service -- that you agreed to when signing up -- for the site.

    2: Free speech rights only apply to the government, not private entities

    3: Florida already passed a law like this and it was immediately struck down by the courts, so this is nothing more than a political stunt, e.g. c

  • Social media amplifying the most hysterical and emotionally disregulated voices in our society is a serious danger to society. Our collective sense-making mechanisms have been broken for a while, society cannot function with arbitrary overreaction as a basis for all decision making.
  • "In lieu of actual work Georgia Senate writes down pointless things on paper which will be instantly thrown out by the Supreme Court"

    Seriously if I wasted time like that at work I expect to lose my job. And yes I'm posting on Slashdot on the clock, *THAT* is how dumb this law is.

  • by endus ( 698588 ) on Wednesday March 09, 2022 @10:21AM (#62340225)

    It's unfortunate that there is no party in this country which actually represents people who believe in limited government and freedom anymore.

    The best part of this is that they're trying to call social media companies common carriers when republicans opposed the label for ISPs, which absolutely 100% beyond question are common carriers.

    It will be interesting to see how all this fake news stuff develops. At the time of the FCC faff over common carriers I said that republicans, more than anyone else, were shooting themselves in the foot by trying to shake off the common carrier label. It would be absolutely horrible for the country, but unbelievably hilarious for me, if the government started trying to push this kind of regulation down to ISPs, or if ISPs started taking this on themselves. Unlikely, I know.

    • by sinij ( 911942 )

      It's unfortunate that there is no party in this country which actually represents people who believe in limited government and freedom anymore.

      The issue with belief in limited government is that government works around 'limited' part by forming private-public partnerships.

  • by backslashdot ( 95548 ) on Wednesday March 09, 2022 @11:42AM (#62340517)

    Fine, declare talk radio and conservative news shows as common carriers too. Those fuckers only take calls from fellow right wingers who would affirm their viewpoints or from people left wing that they know cannot properly articulate. If talk show hosts can screen who they have on their show why cant Twitter?

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