USCA11 Case: 21-12355
21-12355
Date Filed: 05/23/2022
Opinion of the Court
Page: 11 of 67
11
that either (1) publishes in excess of 100,000 words online
and has at least 50,000 paid subscribers or 100,000 monthly
users, (2) publishes 100 hours of audio or video online and
has at least 100 million annual viewers, (3) operates a cable
channel that provides more than 40 hours of content per
week to more than 100,000 cable subscribers, or (4) operates
under an FCC broadcast license. Id. § 501.2041(1)(d). The
term “censor” is also defined broadly to include not only actions taken to “delete,” “edit,” or “inhibit the publication of”
content, but also any effort to “post an addendum to any
content or material.” Id. § 501.2041(1)(b). The only exception to this provision’s prohibition is for “obscene” content.
Id. § 501.2041(2)(j).
• Consistency: A social-media platform must “apply censorship, deplatforming, and shadow banning standards in a consistent manner among its users on the platform.” Id.
§ 501.2041(2)(b). The Act does not define the term “consistent.”
• 30-day restriction: A platform may not make changes to its
“user rules, terms, and agreements . . . more than once every
30 days.” Id. § 501.2041(2)(c).
• User opt-out: A platform must “categorize” its post-prioritization and shadow-banning algorithms and allow users to
opt out of them; for users who opt out, the platform must
display material in “sequential or chronological” order. Id.
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