2021 - 2022 LEGISLATURE
September 24, 2021 - Introduced by Senators Roth,
Stroebel, Felzkowski, Nass
and Darling, cosponsored by Representatives Sortwell, Cabral-Guevara,
Brandtjen, Edming, Horlacher, Knodl and Kuglitsch. Referred to
Committee on Utilities, Technology and Telecommunications.
SB582,1,5
1An Act to renumber 19.579 (2); and
to create 19.576, 19.579 (2) (b) and 20.935
2of the statutes;
relating to: prohibiting state agency employees, state elected
3officials, federal government agency employees, and certain state individuals
4holding a national office from influencing social media Internet sites to censor
5users and providing a penalty.
Analysis by the Legislative Reference Bureau
This bill prohibits state agency employees and state elected officials from
influencing or attempting to influence a social media Internet site to censor,
deplatform, or shadow ban users on the social media Internet site. The prohibition
also applies to a U.S. senator or representative of congress elected to his or her office
in this state and to federal government agency employees present in this state.
The bill defines “deplatforming” as deleting or banning a user from a social
media Internet site for more than 60 days, and defines “shadow banning” as limiting
or eliminating the exposure of a user, or content posted by or about a user, to other
users. The penalty for each violation of the bill's prohibitions is a forfeiture between
$1,000 and $10,000.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB582,1
1Section
1. 19.576 of the statutes is created to read:
SB582,2,3
219.576 Influencing social media Internet site prohibited. (1) In this
3section:
SB582,2,44
(a) “Censor" has the meaning given in s. 20.935 (1) (a).
SB582,2,55
(b) “Deplatform" has the meaning given in s. 20.935 (1) (b).
SB582,2,66
(c) “Shadow ban" has the meaning given in s. 20.935 (1) (c).
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(d) “Social media Internet site” has the meaning given in s. 20.935 (1) (d).
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(e) “User" has the meaning given in s. 20.935 (1) (f).
SB582,2,11
9(2) (a) No state public official holding an elective office may influence or
10attempt to influence a social media Internet site to censor, deplatform, or shadow ban
11a user on the social media Internet site.
SB582,2,1412
(b) No U.S. senator or representative in congress elected to his or her office in
13this state may influence or attempt to influence a social media Internet site to censor,
14deplatform, or shadow ban a user on the social media Internet site.
SB582,2
15Section
2. 19.579 (2) of the statutes is renumbered 19.579 (2) (a).
SB582,3
16Section
3. 19.579 (2) (b) of the statutes is created to read:
SB582,2,2017
19.579
(2) (b) 1. A state public official holding an elective office shall be required
18to forfeit not less than $1,000 nor more than $10,000 for each occasion that the official
19influences or attempts to influence a social media Internet site in violation of s.
2019.576 (2).
SB582,3,4
12. A U.S. senator or representative in congress elected to his or her office in this
2state shall be required to forfeit not less than $1,000 nor more than $10,000 for each
3occasion that the senator or representative influences or attempts to influence a
4social media Internet site in violation of s. 19.576 (2).
SB582,4
5Section
4. 20.935 of the statutes is created to read:
SB582,3,7
620.935 Influencing social media Internet site prohibited. (1) In this
7section:
SB582,3,128
(a) “Censor" includes any action taken by a social media Internet site to delete,
9regulate, restrict, edit, alter, inhibit the publication or republication of, suspend a
10right to post, remove, or post an addendum to any content or material posted by a
11user. “Censor” also includes actions to inhibit the ability of a user to be viewable by
12or to interact with another user of the social media Internet site.
SB582,3,1413
(b) “Deplatform" means to delete or ban a user from a social media Internet site
14for more than 60 days.
SB582,3,1815
(c) “Shadow ban" means to limit or eliminate the exposure of a user, or content
16or material posted by a user, to other users of the social media Internet site through
17any means, regardless of whether the action is determined by an individual or an
18algorithm, and regardless of whether the action is readily apparent to a user.
SB582,3,2119
(d) “Social media Internet site” means an Internet site or application that
20enables users to communicate with each other by posting information, comments,
21messages, or images and to which all of the following apply:
SB582,3,2222
1. The Internet site or application is available to the public.
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2. The Internet site or application has more than 150 million users.
SB582,4,3
1(e) “State agency” means an association, authority, board, department,
2commission, independent agency, institution, office, society, or other body in state
3government created or authorized to be created by the constitution or any law.
SB582,4,64
(f) “User" means a person who subscribes to or has an account on a social media
5Internet site, regardless of whether the person posts or has posted content or
6material to the social media Internet site.
SB582,4,9
7(2) (a) No employee of a state agency may influence or attempt to influence a
8social media Internet site to censor, deplatform, or shadow ban a user on the social
9media Internet site.
SB582,4,1210
(b) No federal government agency employee present in this state may influence
11or attempt to influence a social media Internet site to censor, deplatform, or shadow
12ban a user on the social media Internet site.
SB582,4,15
13(3) A person shall be required to forfeit not less than $1,000 nor more than
14$10,000 for each occasion that the person influences or attempts to influence a social
15media Internet site in violation of sub. (2).