California advances bill to punish social media companies for hate speech

In an attempt to address rising hate crimes, the California Legislature has advanced Senate Bill 771, which targets large social media platforms based on their content algorithms. Passed by the Senate and currently sitting in the state Assembly, the bill seeks to fine social media companies up to $1 million if their algorithms relay content that violates state civil rights protections, such as hate speech. The bill cites alarming statistics about the rise in documented hate crimes, including a 400 percent increase in anti-LGBTQ+ disinformation following Florida's 'Don't Say Gay' legislation, and a 31 percent rise in hate crimes involving anti-immigrant slurs reported in Los Angeles County. Additionally, it points to a shocking 893 percent increase in antisemitic incidents over the past decade and the dissemination of advertisements promoting violence against women on social media platforms. Proponents of Senate Bill 771 argue that it is essential for social media companies to take responsibility for the content their algorithms promote, claiming they can no longer remain neutral in the face of increasing hate speech. However, critics contend the bill may create unintended consequences that threaten free speech rights. According to Shoshana Weissmann, director of digital media at the R Street Institute, the legislation could penalize social media companies for user-generated speech protected under the First Amendment. She asserts that any mechanism by which platforms sort or present content—such as algorithms determining visibility—could render companies liable for user speech, which she deems nonsensical and overly expansive. Furthermore, the bill only imposes liability on platforms with $100 million or more in annual gross profits, which may ironically drive users towards smaller, less regulated platforms that often harbor more extreme content. This raises concerns that the bill could unleash more radical expression online rather than curtailing it, as companies with fewer resources and oversight might thrive in an unregulated environment. The debate surrounding Senate Bill 771 underscores a larger conversation about the balance between regulating harmful speech and protecting freedom of expression in digital spaces. While reducing hate speech online is a commendable objective, critics argue that holding social media companies accountable for user speech is counterproductive and could lead to further escalation of toxic content rather than a decrease in it.