Tenn. PUC Could Fine Social Sites Under Advancing Bill

A Tennessee bill to regulate social media as common carriers cleared the House Business and Utilities Subcommittee in a voice vote Wednesday. The bill, which goes next to the Commerce Committee, would authorize the Tennessee Public Utilities Commission to probe and fine social websites for “intentionally deplatforming or shadow banning a user … if the basis of such action is rooted in political ideology, viewpoint discrimination, personal animus, or discrimination because of race, creed, color, religion, sex, age, or national origin,” said a HB-2369 summary. The bill responds to outrage from constituents banned by Big Tech, said sponsor Rep. Dennis Powers (R). Websites are censoring misinformation even though Section 230 of the Communications Decency Act restricts only obscene, lewd, filthy, excessively violent, harassing or objectionable things, said Rep. Jason Zachary (R): “Misinformation is not part of that.” Treating sites as common carriers is a good way to keep the bill from running into legal trouble faced by similar Texas and Florida laws, he said. Some members raised concerns. Rep. Dwayne Thompson (D) said he doesn’t like the government stepping on private businesses. Rep. Patsy Hazlewood (R) appreciates the goal but worries about ceding so much control to the PUC and allowing the agency to levy large fines, she said. The Senate Commerce Committee cleared companion bill SB-2161 Tuesday (see 2203160053).