USCA11 Case: 21-12355
12
Date Filed: 05/23/2022
Opinion of the Court
Page: 12 of 67
21-12355
§ 501.2041(2)(f). The platform must offer users the opportunity to opt out annually. Id. § 501.2041(2)(g).
Disclosure Obligations
• Standards: A social-media platform must “publish the standards, including detailed definitions, it uses or has used for
determining how to censor, deplatform, and shadow ban.”
Id. § 501.2041(2)(a).
• Rule changes: A platform must inform its users “about any
changes to” its “rules, terms, and agreements before implementing the changes.” Id. § 501.2041(2)(c).
• View counts: Upon request, a platform must provide a user
with the number of others who viewed that user’s content
or posts. Id. § 501.2041(2)(e).
• Candidate free advertising: Platforms that “willfully provide[] free advertising for a candidate must inform the candidate of such in-kind contribution.” Id. § 106.072(4).
• Explanations: Before a social-media platform deplatforms,
censors, or shadow-bans any user, it must provide the user
with a detailed notice. Id. § 501.2041(2)(d). In particular, the
notice must be in writing and be delivered within 7 days, and
must include both a “thorough rationale explaining the reason” for the “censor[ship]” and a “precise and thorough explanation of how the social media platform became aware”
of the content that triggered its decision. Id. § 501.2041(3).
(The notice requirement doesn’t apply “if the censored content or material is obscene.” Id. § 501.2041(4).)
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