6
MOODY v. NETCHOICE, LLC
ALITO, J., concurring in judgment
rely on artificial intelligence (AI), a machine learning tool
that arranges, deletes, and modifies content and learns
from its own choices.
In addition to barring censorship, the Florida law attempts to prevent platforms from unfairly influencing elections or distorting public discourse. To do this, it requires
platforms to host candidates for public office and journalistic enterprises.7 §§501.2041(2)(h), (j). For the same reasons, the law also prohibits platforms from censoring posts
made by or about candidates for public office.
§501.2041(2)(h).
Disclosure provisions. S. B. 7072 requires platforms to
make both general and individual disclosures about how
and when they censor the speech of Floridians. The law
requires platforms to publish their content-moderation
standards and to inform users of any changes.
§§501.2041(2)(a), (c). And whenever a platform censors a
user, S. B. 7072 requires it to: (1) notify the user of the censorship decision in writing within seven days; (2) provide “a
thorough” explanation of the action and how the platform
became aware of the affected content; and (3) allow the user
“to access or retrieve all of the user’s information,
content, material, and data for at least 60 days.”
§§501.2041(2)(d), (i), (3).
To ensure compliance with these provisions, S. B. 7072
authorizes the Florida attorney general to bring civil and
administrative actions against noncomplying platforms.
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7 A “journalistic enterprise” is defined as any entity doing business in
Florida that: (1) has published more than 100,000 words online and has
at least 50,000 paid subscribers or 100,000 monthly users; (2) has published at least 100 hours of audio or video online and has at least 100
million annual viewers; (3) operates a cable channel that produces more
than 40 hours of content per week to at least 100,000 subscribers; or (4)
operates under a Federal Communications Commission broadcast license. Fla. Stat. §501.2041(1)(d).