Bill > SB61

This bill establishes new criminal offenses related to digital fraud on social media platforms, defining "operator" as someone running a social media platform and "social media platform" as a public internet site or app where users can interact and post content. It creates the offenses of digital identity fraud, where someone knowingly impersonates a Georgia resident online without consent to deceive or cause harm; digital marketing fraud, involving collecting payment for goods or services that are never provided and refusing refunds; and criminal digital design, which is creating interactive content that encourages or aids in committing violent felonies. Violations of these offenses are felonies punishable by significant prison time and fines, and also create a civil right of action for those harmed, allowing for damages and attorney fees. Importantly, the bill clarifies that it does not diminish free speech rights or hold platform operators liable as publishers for user-generated content, consistent with federal law (Section 230 of the Communications Decency Act). Additionally, the bill amends Georgia law to include the operation of an online platform accessible in the state as "transacting business" for the purpose of establishing personal jurisdiction over nonresidents.