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Bill > S861
NJ S861
NJ S861Establishes certain requirements for social media websites concerning content moderation practices; establishes cause of action against social media websites for violation of content moderation practices.
summary
Introduced
01/13/2026
01/13/2026
In Committee
01/13/2026
01/13/2026
Crossed Over
Passed
Dead
Introduced Session
2026-2027 Regular Session
Bill Summary
This bill establishes a cause of action against social media websites for the censoring or banning of certain users. This bill authorizes the Office of the New Jersey Attorney General to bring an action under the New Jersey consumer fraud act against a social media website if the social media website fails to comply with the requirements set forth in the bill. Among other requirements enumerated in the bill, a social media website is to publish the standards it uses or has used for determining how to censor, "selectively suspend," and implement an "anonymous content or user ban," as these terms are defined in the bill, users and apply censorship, selective suspensions, and anonymous content or user banning standards in a consistent manner among its users on the platform. Additionally, social media websites are not to be permitted to apply or use post prioritization or anonymous content or user banning algorithms for content and material posted by or about a user who is known by the social media website to be a candidate for office or a journalistic enterprise, as those terms are defined in the bill. Finally, the bill establishes causes of actions along with setting damages for violations of the bill, in accordance with federal, State, and local laws.
AI Summary
This bill establishes new requirements for social media websites operating in New Jersey, defining terms like "algorithm" (a set of rules for ranking or sorting content), "anonymous content or user ban" (limiting a user's or content's visibility without clear notification), "candidate" (someone running for public office), "censor" (actions to remove, restrict, or alter content), "journalistic enterprise" (entities publishing news online, via cable, or broadcast), "post prioritization" (featuring certain content ahead of others), and "selective suspension" (a ban of more than 60 days). Social media platforms must publicly share their content moderation standards, apply them consistently, and notify users of rule changes. They are prohibited from using algorithms to prioritize or ban content from candidates or journalistic enterprises, though paid promotion is exempt. Users must be notified before their content is censored, with specific details about the rationale and how the content was identified, unless the content is obscene. The bill also creates a private right of action for users to sue social media websites for violations, allowing for statutory damages up to $100,000, actual damages, punitive damages, and attorney fees. The New Jersey Attorney General can also take action against non-compliant platforms under the New Jersey consumer fraud act, with potential daily fines for violations related to candidates. The bill also grants the Attorney General subpoena power to investigate content moderation practices and clarifies that these provisions do not conflict with federal law regarding online platforms.
Committee Categories
Business and Industry
Sponsors (1)
Last Action
Introduced in the Senate, Referred to Senate Commerce Committee (on 01/13/2026)
Official Document
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://www.njleg.state.nj.us/bill-search/2026/S861 |
| BillText | https://pub.njleg.gov/Bills/2026/S1000/861_I1.HTM |
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