I 
116TH CONGRESS 
2D SESSION 
H. R. 8323 
To require social media companies to establish an office dedicated to identi-
fying 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 plat-
form content moderation standards. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as ‘‘Bianca’s Law’’. 
SEC. 2. OFFICE DEDICATED TO IDENTIFYING AND REMOV-
ING VIOLENT AND GORY CONTENT. 
(a) IN GENERAL.—Not later than 1 year after the 
date of the enactment of this Act, each social media com-
VerDate Sep 11 2014 
01:50 Oct 05, 2020
Jkt 019200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H8323.IH
H8323
pbinns on DSKJLVW7X2PROD with BILLS
pany shall establish an office to identify and address vio-
lent and gory content that violates such company’s social 
media platform content moderation standards or terms of 
service agreements. At least one dedicated staff member 
who reports directly to the highest official at the social 
media company who shall, either directly or through a su-
pervised designee— 
(1) educate and train employees about compli-
ance requirements that are consistent with the social 
media company’s company’s social media platform 
content moderation standards or terms of service 
agreements; 
(2) train employees involved in processing of 
content on the social media platform that violates 
such standards or agreements; 
(3) conduct regular, comprehensive audits to 
ensure compliance and make records of such audits 
publicly available on the social media platform; 
(4) maintain updated, clear, and understand-
able records of all relevant practices undertaken by 
the social media company; and 
(5) serve as the point of contact between the so-
cial media company and the Federal Trade Commis-
sion. 
VerDate Sep 11 2014 
01:50 Oct 05, 2020
Jkt 019200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H8323.IH
H8323
pbinns on DSKJLVW7X2PROD with BILLS
(b) NAME AND CONTACT INFORMATION.—The com-
pany shall also make the name and contact information 
(including phone number) for this officer publicly avail-
able. 
(c) DEFINITIONS.—As used in this Act— 
(1) the term ‘‘social media company’’ means 
any person that owns, manages, or operates a social 
media platform and has an annual revenue in excess 
of $10,000,000; 
(2) the term ‘‘social media platform’’— 
(A) means a website or internet medium, 
including a mobile application, that— 
(i) permits a person to become a reg-
istered user, establish an account, or create 
a profile for the purpose of allowing users 
to create, share, and view user-generated 
content through such an account or profile; 
(ii) enables one or more users to gen-
erate content that can be viewed by other 
users of the medium; and 
(iii) serves as a medium for users to 
view content generated by other users of 
the medium; and 
(B) does not include— 
VerDate Sep 11 2014 
01:50 Oct 05, 2020
Jkt 019200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H8323.IH
H8323
pbinns on DSKJLVW7X2PROD with BILLS
(i) any such platform that serves 
fewer than 100,000 users who access their 
account or profile at least once a month; or 
(ii) an email program, email distribu-
tion 
lists, 
multi-person 
text 
message 
groups, or a website that is primarily for 
the purpose of internet commerce; 
(iii) a private platform or messaging 
service used by an entity solely to commu-
nicate with others employed by or affiliated 
with such entity; or 
(iv) an internet-based platform whose 
primary purpose is— 
(I) to allow users to post product 
reviews, business reviews, travel infor-
mation and reviews; or 
(II) to provide news or entertain-
ment content, but that may also in-
clude a comment section for users to 
discuss such news or entertainment 
content if such comment section does 
not include functionality that permits 
a user to share images, videos, or 
other visual depictions; and 
VerDate Sep 11 2014 
01:50 Oct 05, 2020
Jkt 019200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H8323.IH
H8323
pbinns on DSKJLVW7X2PROD with BILLS
(3) the term ‘‘violent and gory content’’ means 
images, video, or other visual depictions of graphic, 
serious injury or death in a manner that has no or 
limited cultural or social value. 
SEC. 3. ENFORCEMENT. 
(a) ENFORCEMENT BY THE FEDERAL TRADE COM-
MISSION.— 
(1) UNFAIR
OR
DECEPTIVE
ACTS
OR
PRAC-
TICES.—A violation of this Act or a regulation pro-
mulgated under this Act shall be treated as a viola-
tion of a rule defining an unfair or deceptive act or 
practice prescribed under section 18(a)(1)(B) of the 
Federal 
Trade 
Commission 
Act 
(15 
U.S.C. 
57a(a)(1)(B)). 
(2) POWERS OF THE COMMISSION.— 
(A) IN GENERAL.—The Commission shall 
enforce this Act and any regulations promul-
gated under this Act in the same manner, by 
the same means, and with the same jurisdic-
tion, powers, and duties as though all applicable 
terms and provisions of the Federal Trade 
Commission Act (15 U.S.C. 41 et seq.) were in-
corporated into and made a part of this Act, 
and any person who violates this Act or a regu-
lation promulgated under this Act shall be sub-
VerDate Sep 11 2014 
01:50 Oct 05, 2020
Jkt 019200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H8323.IH
H8323
pbinns on DSKJLVW7X2PROD with BILLS
ject to the penalties and entitled to the privi-
leges and immunities provided in the Federal 
Trade Commission Act. 
(B) 
REGULATIONS.—The 
Commission 
may, under section 553 of title 5, United States 
Code, prescribe any regulations it determines 
necessary to carry out this Act. 
(C) EFFECT ON OTHER LAWS.—Nothing in 
this Act shall be construed in any way to limit 
the authority of the Commission under any 
other provision of law. 
(b) ENFORCEMENT
BY STATE ATTORNEYS GEN-
ERAL.— 
(1) IN GENERAL.—If the chief law enforcement 
officer of a State, or an official or agency designated 
by a State, has reason to believe that any person has 
violated or is violating section 2, the attorney gen-
eral, official, or agency of the State, in addition to 
any authority it may have to bring an action in 
State court under its consumer protection law, may 
bring a civil action in any appropriate United States 
district court or in any other court of competent ju-
risdiction, including a State court, to— 
(A) enjoin further such violation by such 
person; 
VerDate Sep 11 2014 
01:50 Oct 05, 2020
Jkt 019200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H8323.IH
H8323
pbinns on DSKJLVW7X2PROD with BILLS
(B) enforce compliance with such section; 
(C) obtain civil penalties; and 
(D) obtain damages, restitution, or other 
compensation on behalf of residents of the 
State. 
(2) NOTICE
AND
INTERVENTION
BY
THE 
FTC.—The attorney general (or other such officer) 
of a State shall provide prior written notice of any 
action under paragraph (1) to the Commission and 
provide the Commission with a copy of the complaint 
in the action, except in any case in which such prior 
notice is not feasible, in which case the attorney gen-
eral shall serve such notice immediately upon insti-
tuting such action. The Commission shall have the 
right— 
(A) to intervene in the action; 
(B) upon so intervening, to be heard on all 
matters arising therein; and 
(C) to file petitions for appeal. 
(3) LIMITATION ON STATE ACTION WHILE FED-
ERAL ACTION IS PENDING.—If the Commission has 
instituted a civil action for violation of this Act, no 
State attorney general, or official or agency of a 
State, may bring an action under this paragraph 
during the pendency of that action against any de-
VerDate Sep 11 2014 
01:50 Oct 05, 2020
Jkt 019200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H8323.IH
H8323
pbinns on DSKJLVW7X2PROD with BILLS
fendant named in the complaint of the Commission 
for any violation of this Act alleged in the complaint. 
(4) RELATIONSHIP WITH STATE LAW CLAIMS.— 
If the attorney general of a State has authority to 
bring an action under State law directed at acts or 
practices that also violate this Act, the attorney gen-
eral may assert the State law claim and a claim 
under this Act in the same civil action. 
(c) SAVINGS CLAUSE.—Nothing in this Act shall pre-
empt or otherwise affect any State or local law. 
Æ 
VerDate Sep 11 2014 
01:50 Oct 05, 2020
Jkt 019200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6301
E:\BILLS\H8323.IH
H8323
pbinns on DSKJLVW7X2PROD with BILLS