Illinois General Assembly - Full Text of HB3641
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Full Text of HB3641  102nd General Assembly

HB3641 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3641

 

Introduced 2/22/2021, by Rep. Ryan Spain

 

SYNOPSIS AS INTRODUCED:
 
New Act

    Creates the Social Media Platforms Liability for Incitement of Violence Act. Provides that a social media platform having actual knowledge of a post on its platform that causes an incitement of violence shall remove the post within 24 hours. Provides that failure by a social media platform to remove the post within 24 hours shall result in a civil penalty of $10,000 per violation. Effective immediately.


LRB102 13379 LNS 18723 b

 

 

A BILL FOR

 

HB3641LRB102 13379 LNS 18723 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the Social
5Media Platforms Liability for Incitement of Violence Act.
 
6    Section 5. Definitions. As used in this Act:
7    "Incitement of violence" means speech that creates an
8immediate risk of harm to a specific person or persons or to
9property.
10    "Post" means any information or data submitted by a third
11party to a social media platform that is capable of then being
12displayed using the software or approved hardware.
13    "Social media platform" means an electronic medium where
14users may create and view user-generated content, such as
15uploaded or downloaded videos or still photographs, blogs,
16video blogs, podcasts, or instant messages.
 
17    Section 10. Prohibitions. A social media platform having
18actual knowledge of a post on its platform that causes an
19incitement of violence shall remove the post within 24 hours.
 
20    Section 15. Penalties. Failure by a social media platform
21to comply with the provisions of Section 10 shall result in a

 

 

HB3641- 2 -LRB102 13379 LNS 18723 b

1civil penalty of $10,000 per violation.
 
2    Section 97. Severability. If any provision of this Act or
3its application to any person or circumstance is held invalid,
4the invalidity does not affect other provisions or
5applications of this Act which can be given effect without the
6invalid provision, and to this end the provisions of this Act
7are severable.
 
8    Section 99. Effective date. This Act takes effect upon
9becoming law.