REFERENCE TITLE: online content; publishers; liability; fee





State of Arizona

House of Representatives

Fifty-fifth Legislature

First Regular Session




HB 2180


Introduced by

Representatives Finchem: Biasiucci, Senator Borrelli





amending Title 18, chapter 5, article 3, Arizona Revised Statutes, by adding section 18-545; relating to Internet Representations.




Be it enacted by the Legislature of the State of Arizona:

Section 1.  Title 18, chapter 5, article 3, Arizona Revised Statutes, is amended by adding section 18-545, to read:

START_STATUTE18-545.  Publicly accessible online content; publishers; liability; exception; annual fee; definitions

A.  A person that is engaged in the business of allowing online users to upload publicly accessible content on the internet and that exercises a level of control over the uploaded content for politically biased reasons is:

1.  Deemed to be a publisher.

2.  Deemed to not be a platform.

3.  Liable for damages suffered by an online user because of the person's actions.  The attorney general or the online user who claims to have suffered the damages may bring an action to recover the damages.

B.  Subsection A of this section does not apply when the uploaded content is pornographic or libelous content or content that advocates or promotes violence toward a person or group of persons.

C.  A publisher shall pay to the attorney general an annual fee as determined by the attorney general for each online user in this state that is authorized to upload publicly accessible content to the publisher's interactive computer service.  The attorney general shall deposit, pursuant to sections 35‑146 and 35‑147, all fees collected pursuant to this subsection in the antitrust enforcement revolving fund established by section 41‑191.02.

D.  For the purposes of this section:

1.  "Interactive computer service" means any information service or system or software provider that provides or enables COMPUTER access by multiple online users.

2.  "Control" includes editing, deleting, delisting, blocking, censoring or making it difficult or impossible for online users to locate and access uploaded content in an easy or timely manner.

3.  "Platform" means a person that enables the content and distribution of information on the internet.

4.  "Publisher" means a person that curates and distributes content on the internet. END_STATUTE