PRINTER'S NO. 1375

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

1077

Session of

2024

INTRODUCED BY HAYWOOD, FONTANA, COSTA, KANE AND STREET,

FEBRUARY 12, 2024

REFERRED TO COMMUNICATIONS AND TECHNOLOGY, FEBRUARY 12, 2024

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Title 12 of the Pennsylvania Consolidated

Statutes is amended by adding a chapter to read:

Sec.

9901. Scope of chapter.

9902. Definitions.

9903. Complaint requirements.

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Hate speech." A public expression, either verbally or in

writing or through images, made with the intent to defame, to

motivate and produce imminent lawless action or to intimidate

and commit an act of unlawful violence on a person or group of

persons because of the person's or group's race, ethnicity,

nationality, religion or beliefs, sexual orientation, gender

identity or physical, mental or intellectual disability.

"Person." Natural persons, corporations, trusts,

partnerships, incorporated or unincorporated associations and

and Flickr. The term does not include Internet platforms:

(1) offering journalistic or editorial content, the

responsibility for which lies with the service provider

itself; and

(2) that are designed to enable individual communication

or the dissemination of specific content.

§ 9903. Complaint requirements.

(a) General rule.--The provider of a social media network

shall maintain an effective and transparent procedure for

handling complaints about hate speech content that supplies

(b) Procedure.--The provider of the social media network

shall:

(1) Take immediate note of the complaint and check

whether the content reported in the complaint is hate speech

and subject to removal or whether access to the content must

be blocked.

(2) Remove or block access to content that is hate

speech within 24 hours of receiving the complaint except if

the social media network has reached agreement with the

competent law enforcement authority on a longer period for

deleting or blocking any hate speech content.

exceeded, the social media network can give the user an

opportunity to respond to the complaint before the decision

is rendered.

(4) Immediately notify the person submitting the

complaint and the user about any decision, including the

reasons for its decision.

§ 9904. Failure to provide, supply or monitor social media.

(a) Offense defined.--An offense is an intentional or

negligent act committed by a provider that fails to:

(1) Provide a correct or complete procedure for

(3) Monitor the handling of complaints or correctly

monitor handling of complaints.

(b) Enforcement.--T he Attorney General may bring an action

against a provider that violates the provisions of this section,

including:

(1) Enjoining further violation of the provisions of

this chapter.

(2) Assessing a penalty of up to $1,000,000 for any

violation of this chapter, including any offense not

committed in this Commonwealth. In an action brought under

this paragraph, a court may increase the damages up to three