PREFILED    JAN 09 2020

REFERENCE TITLE: online content; publishers; liability

 

 

 

 

State of Arizona

House of Representatives

Fifty-fourth Legislature

Second Regular Session

2020

 

 

 

HB 2124

 

Introduced by

Representative Thorpe

 

 

AN ACT

 

amending Title 18, chapter 5, article 3, Arizona Revised Statutes, by adding section 18-545; relating to internet representations.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 


Be it enacted by the Legislature of the State of Arizona:

Section 1.  Title 18, chapter 5, article 3, Arizona Revised Statutes, is amended by adding section 18-545, to read:

START_STATUTE18-545.  Publishers; access to online content; liability; definitions

A.  A person that is engaged in the business of allowing online users to upload publicly accessible content on the internet, other than pornographic or libelous content, and that edits, deletes or makes it difficult or impossible for online users to locate and access the uploaded content in an easy or timely manner for politically biased reasons is:

1.  Deemed to be a publisher.

2.  Deemed to not be a platform.

3.  Liable for damages suffered by an online user because of the person's actions, including damages for violations of rights guaranteed to the online user by the federal or state constitution.  The attorney general or the online user who claims to have suffered the damages may bring an action to recover the damages.

B.  For the purposes of this section:

1.  "Platform" means a person that enables the content and distribution of information on the internet.

2.  "Publisher" means a person that curates and distributes content on the internet. END_STATUTE