I 

116TH CONGRESS 

2D SESSION H. R. 8323 

To require social media companies to establish an office dedicated to identifying and removing violent and gory content that violates such company’s 

social media platform content moderation standards. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 21, 2020 

Mr. BRINDISI introduced the following bill; which was referred to the 

Committee on Energy and Commerce 

A BILL 

To require social media companies to establish an office 

dedicated to identifying and removing violent and gory 

content that violates such company’s social media platform content moderation standards. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as ‘‘Bianca’s Law’’. 

5 SEC. 2. OFFICE DEDICATED TO IDENTIFYING AND REMOV6 ING VIOLENT AND GORY CONTENT. 

7 (a) IN GENERAL.—Not later than 1 year after the 

8 date of the enactment of this Act, each social media comVerDate Sep 11 2014 01:50 Oct 05, 2020 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H8323.IH H8323

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1 pany shall establish an office to identify and address vio2 lent and gory content that violates such company’s social 

3 media platform content moderation standards or terms of 

4 service agreements. At least one dedicated staff member 

5 who reports directly to the highest official at the social 

6 media company who shall, either directly or through a su7 pervised designee— 

8 (1) educate and train employees about compli9 ance requirements that are consistent with the social 

10 media company’s company’s social media platform 

11 content moderation standards or terms of service 

12 agreements; 

13 (2) train employees involved in processing of 

14 content on the social media platform that violates 

15 such standards or agreements; 

16 (3) conduct regular, comprehensive audits to 

17 ensure compliance and make records of such audits 

18 publicly available on the social media platform; 

19 (4) maintain updated, clear, and understand20 able records of all relevant practices undertaken by 

21 the social media company; and 

22 (5) serve as the point of contact between the so23 cial media company and the Federal Trade Commis24 sion. 


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1 (b) NAME AND CONTACT INFORMATION.—The com2 pany shall also make the name and contact information 

3 (including phone number) for this officer publicly avail4 able. 

5 (c) DEFINITIONS.—As used in this Act— 

6 (1) the term ‘‘social media company’’ means 

7 any person that owns, manages, or operates a social 

8 media platform and has an annual revenue in excess 

9 of $10,000,000; 

10 (2) the term ‘‘social media platform’’— 

11 (A) means a website or internet medium, 

12 including a mobile application, that— 

13 (i) permits a person to become a reg14 istered user, establish an account, or create 

15 a profile for the purpose of allowing users 

16 to create, share, and view user-generated 

17 content through such an account or profile; 

18 (ii) enables one or more users to gen19 erate content that can be viewed by other 

20 users of the medium; and 

21 (iii) serves as a medium for users to 

22 view content generated by other users of 

23 the medium; and 

24 (B) does not include— 


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1 (i) any such platform that serves 

2 fewer than 100,000 users who access their 

3 account or profile at least once a month; or 

4 (ii) an email program, email distribu5 tion lists, multi-person text message 

6 groups, or a website that is primarily for 

7 the purpose of internet commerce; 

8 (iii) a private platform or messaging 

9 service used by an entity solely to commu10 nicate with others employed by or affiliated 

11 with such entity; or 

12 (iv) an internet-based platform whose 

13 primary purpose is— 

14 (I) to allow users to post product 

15 reviews, business reviews, travel infor16 mation and reviews; or 

17 (II) to provide news or entertain18 ment content, but that may also in19 clude a comment section for users to 

20 discuss such news or entertainment 

21 content if such comment section does 

22 not include functionality that permits 

23 a user to share images, videos, or 

24 other visual depictions; and 


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1 (3) the term ‘‘violent and gory content’’ means 

2 images, video, or other visual depictions of graphic, 

3 serious injury or death in a manner that has no or 

4 limited cultural or social value. 

5 SEC. 3. ENFORCEMENT. 

6 (a) ENFORCEMENT BY THE FEDERAL TRADE COM7 MISSION.— 

8 (1) UNFAIR OR DECEPTIVE ACTS OR PRAC9 TICES.—A violation of this Act or a regulation pro10 mulgated under this Act shall be treated as a viola11 tion of a rule defining an unfair or deceptive act or 

12 practice prescribed under section 18(a)(1)(B) of the 

13 Federal Trade Commission Act (15 U.S.C. 

14 57a(a)(1)(B)). 

15 (2) POWERS OF THE COMMISSION.— 

16 (A) IN GENERAL.—The Commission shall 

17 enforce this Act and any regulations promul18 gated under this Act in the same manner, by 

19 the same means, and with the same jurisdic20 tion, powers, and duties as though all applicable 

21 terms and provisions of the Federal Trade 

22 Commission Act (15 U.S.C. 41 et seq.) were in23 corporated into and made a part of this Act, 

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1 ject to the penalties and entitled to the privi2 leges and immunities provided in the Federal 

3 Trade Commission Act. 

4 (B) REGULATIONS.—The Commission 

5 may, under section 553 of title 5, United States 

6 Code, prescribe any regulations it determines 

7 necessary to carry out this Act. 

8 (C) EFFECT ON OTHER LAWS.—Nothing in 

9 this Act shall be construed in any way to limit 

10 the authority of the Commission under any 

11 other provision of law. 

12 (b) ENFORCEMENT BY STATE ATTORNEYS GEN13 ERAL.— 

14 (1) IN GENERAL.—If the chief law enforcement 

15 officer of a State, or an official or agency designated 

16 by a State, has reason to believe that any person has 

17 violated or is violating section 2, the attorney gen18 eral, official, or agency of the State, in addition to 

19 any authority it may have to bring an action in 

20 State court under its consumer protection law, may 

21 bring a civil action in any appropriate United States 

22 district court or in any other court of competent ju23 risdiction, including a State court, to— 

24 (A) enjoin further such violation by such 

25 person; 


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1 (B) enforce compliance with such section; 

2 (C) obtain civil penalties; and 

3 (D) obtain damages, restitution, or other 

4 compensation on behalf of residents of the 

5 State. 

6 (2) NOTICE AND INTERVENTION BY THE

7 FTC.—The attorney general (or other such officer) 

8 of a State shall provide prior written notice of any 

9 action under paragraph (1) to the Commission and 

10 provide the Commission with a copy of the complaint 

11 in the action, except in any case in which such prior 

12 notice is not feasible, in which case the attorney gen13 eral shall serve such notice immediately upon insti14 tuting such action. The Commission shall have the 

15 right— 

16 (A) to intervene in the action; 

17 (B) upon so intervening, to be heard on all 

18 matters arising therein; and 

19 (C) to file petitions for appeal. 

20 (3) LIMITATION ON STATE ACTION WHILE FED21 ERAL ACTION IS PENDING.—If the Commission has 

22 instituted a civil action for violation of this Act, no 

23 State attorney general, or official or agency of a 

24 State, may bring an action under this paragraph 

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1 fendant named in the complaint of the Commission 

2 for any violation of this Act alleged in the complaint. 

3 (4) RELATIONSHIP WITH STATE LAW CLAIMS.— 

4 If the attorney general of a State has authority to 

5 bring an action under State law directed at acts or 

6 practices that also violate this Act, the attorney gen7 eral may assert the State law claim and a claim 

8 under this Act in the same civil action. 

9 (c) SAVINGS CLAUSE.—Nothing in this Act shall pre10 empt or otherwise affect any State or local law. 

Æ 


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