Colorado legislature bill proposes to fine websites $5,000/day if they allow user comments that “promote hate speech; undermine election integrity; disseminate intentional disinformation, conspiracy theories, or fake news”…

Via colorado.gov

The bill creates the digital communications division (division) and the digital communications commission (commission) within the department of regulatory agencies. On an annual basis and for a reasonable fee determined by the commission, the division shall register digital communications platforms, which are certain communications-oriented online businesses, such as social media platforms or media-sharing platforms, that conduct business in Colorado or own or operate services that are offered to Colorado residents. A digital communications platform that fails to register with the division commits a class 2 misdemeanor, punishable by a fine of up to $5,000 for each day that the violation continues.

The division shall investigate and the commission may hold hearings on claims filed with the division alleging that a digital communications platform has allowed a person to engage in one or more unfair or discriminatory digital communications practices on the platform, which practices:

• Include practices that promote hate speech; undermine election integrity; disseminate intentional disinformation, conspiracy theories, or fake news; or authorize, encourage, or carry out violations of users’ privacy; and
• May include business, political, or social practices that are conducted in a manner that a person aggrieved by the practices can demonstrate are unfair or discriminatory to the aggrieved person. Such practices, if done in an unfair or discriminatory manner, might include:
• Practices that target users for purposes of collecting and disseminating users’ personal data, including users’ sensitive data;
• Profiling users based on their personal data collected;
• Selling or authorizing others to use users’ personal data to provide location-based advertising or targeted advertising; or
• Using facial recognition software and other tracking technology.

If a person who files a complaint with the division exhausts all administrative remedies and proceedings, the person may file a civil action in district court alleging an unfair or discriminatory digital communications practice.

Bill Text: