Florida Statutes 106.072 – Social media deplatforming of political candidates
Current as of: 2023 | Check for updates
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(1) As used in this section, the term:
(a) “Candidate” has the same meaning as in s. 106.011(3)(e).
Terms Used In Florida Statutes 106.072
- Candidate: means a person to whom any of the following applies:(a) A person who seeks to qualify for nomination or election by means of the petitioning process. See Florida Statutes 106.011
- Contribution: means :
(a) A gift, subscription, conveyance, deposit, loan, payment, or distribution of money or anything of value, including contributions in kind having an attributable monetary value in any form, made for the purpose of influencing the results of an election or making an electioneering communication. See Florida Statutes 106.011- Division: means the Division of Elections of the Department of State. See Florida Statutes 106.011
- Election: means a primary election, special primary election, general election, special election, or municipal election held in this state for the purpose of nominating or electing candidates to public office, choosing delegates to the national nominating conventions of political parties, selecting a member of a political party executive committee, or submitting an issue to the electors for their approval or rejection. See Florida Statutes 106.011
(b) “Deplatform” has the same meaning as in s. 501.2041.(c) “Social media platform” has the same meaning as in s. 501.2041.(d) “User” has the same meaning as in s. 501.2041.(2) A social media platform may not willfully deplatform a candidate for office who is known by the social media platform to be a candidate, beginning on the date of qualification and ending on the date of the election or the date the candidate ceases to be a candidate. A social media platform must provide each user a method by which the user may be identified as a qualified candidate and which provides sufficient information to allow the social media platform to confirm the user’s qualification by reviewing the website of the Division of Elections or the website of the local supervisor of elections.(3) Upon a finding of a violation of subsection (2) by the Florida Elections Commission, in addition to the remedies provided in ss. 106.265 and 106.27, the social media platform may be fined $250,000 per day for a candidate for statewide office and $25,000 per day for a candidate for other offices.(4) A social media platform that willfully provides free advertising for a candidate must inform the candidate of such in-kind contribution. Posts, content, material, and comments by candidates which are shown on the platform in the same or similar way as other users’ posts, content, material, and comments are not considered free advertising.(5) This section may only be enforced to the extent not inconsistent with federal law and 47 U.S.C. § 230(e)(3), and notwithstanding any other provision of state law.