Maryland Social Media Bill Threatens Free Speech, Satire (Opinion)

ANNAPOLIS, MD (3/7/2024) – Maryland Delegates Rosenberg and Wilkins have proposed legislation targeting election disinformation on social media platforms. The bill, designated as House Bill 333, aims to hold large social media platforms accountable for preventing, detecting, and removing content that spreads false or misleading information about election procedures, results, or voting rights in the state.

However, the proposed legislation lacks a clear definition of what constitutes election disinformation. This ambiguity could lead to a broad and subjective standard, potentially resulting in the removal of legitimate content and even constitutionally protected speech, such as satire.

The bill requires large social media platforms, defined as those with over 1,000,000 monthly active users in the United States or generating more than $500,000,000 in annual revenue, to take proactive measures against election disinformation within the state. Within 48 hours of identifying such content, platforms must report it to the State Board of Elections, providing detailed information including the account responsible, dissemination timeline, content, geographic reach, audience, and impressions generated.

Upon receiving a report, the State Board is mandated to make the information public and notify affected individuals or entities. Failure to comply with reporting requirements may result in civil penalties ranging from $10,000 to $50,000, with escalating fines for repeat offenses.

While the intention of the legislation is to safeguard the integrity of elections and combat misinformation, critics argue that the lack of clear definitions and potential for overreach pose risks to free speech and expression online. If passed, the bill is slated to take effect on June 1, 2024.

Story by multiple RFHC contributors.