Speech Protection and Inappropriate Content Prevention Act

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Speech Protection and Inappropriate Content Prevention Act
CitationA-35
Enacted byOpen Parliament
Date enacted18 July 2019
Legislative history
Introduced on25 June 2019
Introduced byRamelia
Courelli
Anaaxes
Hirematia
Voting began11 July 2019
Required majoritySimple majority
Vote results10 Yea, 3 Nay, 0 Abstain[1]
Status: In force

This Act establishes mechanisms to uphold Constitutional protections of free speech, provides for the deletion and suppression of content detrimental to the community of the Social Liberal Union, and stipulates offenses for posting particularly egregious or repeated posting of harmful content.

Article 1. General Provisions

Section 1. Inappropriate Content Defined

For the purposes of this Act, inappropriate content shall exclusively include any instance(s) of spam, vulgarity, harassment, and hate speech.

Section 2. Inappropriate Content in Multiple Areas

Where an item of inappropriate content constitutes more than one of spam, vulgarity, harassment, and hate speech, action may be taken with regard to all applicable categories of inappropriate content.

Section 3. Repeal of and Relation to Another Act

The Prevention of Vulgarity and Spam Act shall be repealed in its entirety. No instance of spam or vulgarity under that Act shall be cause for deletion, suppression, or prosecution upon passage of this Act. Provided, any pending prosecutions arising exclusively from the Prevention of Vulgarity and Spam Act at the time of this Act's passage may proceed; post suppressions arising from the Prevention of Vulgarity and Spam Act shall remain in place; and unsuppression of content suppressed under that Act may be compelled pursuant to Article 4, Section 2 of this Act.

Article 2. Forms of Inappropriate Content

Section 1. Spam

For the purposes of this Act, spam includes, and exclusively includes, the following acts:

Clause 1. Repeatedly, deliberately posting on the Regional Message Board, in telegrams, or on the regional forum with an aim that clearly does not include bona fide participation in discussions or assisting others and is clearly unusual and unwanted where it is posted; or
Clause 2. Advertising for a website, commercial establishment, or recruiting to another region, excluding legitimate charitable organizations, on any regional communication platform or medium, without prior authorization from the Delegate, the Minister of Domestic Affairs, or their deputy when so authorized; or
Clause 3. Deliberately using a region-wide telegram, on any regional communication platform or medium, for purposes not authorized by law; or
Clause 4. Repeatedly, deliberately using the form of a purported announcement of the government or an agency of the Social Liberal Union to convey knowingly inaccurate information, or information not approved for announcement by the government or implicated agency of the Social Liberal Union, on any regional communication platform or medium.

Section 2. Vulgarity

For the purposes of this Act, vulgarity includes the following acts, in addition exclusively to the acts described in Section 3, Clauses 6 and 7 of this Article:

Clause 1. Repeatedly using curse words in a single post on the Regional Message Board or regional forum where doing so also constitutes spam; provided, for infractions under this clause, if such content is considered vulgarity it shall not also be considered spam; or
Clause 2. Using defamatory language in reference to another person when the referenced person has expressed their discomfort with such use, on any regional communication platform or medium; or
Clause 3. Posting lewd images or videos on any regional communication platform or medium, except as may be explicitly permitted in an age-restricted component of a regional chatroom.

Section 3. Harassment

For the purposes of this Act, harassment includes, and exclusively includes, the following acts:

Clause 1. Soliciting minors, persons of unknown age, or any adult who has not granted explicit consent, for sexual purposes, on any communication platform or medium, whether public or private; or
Clause 2. Intentionally disclosing personal or confidential information of another person that has not already been self-volunteered, especially that which would endanger the privacy of said person or is generally held private, without explicit consent from the person in question, on any regional communication platform or medium, including but not limited to: actual name, real-life nickname(s), date of birth, place of residence, mental and physical health records and conditions, major events in a person's life, identification numbers, passwords, confidential private correspondence, place of employment, IP address, and appearance; or
Clause 3. Intentionally messaging a person when that person has asked the sender repeatedly not to do so, on any communication platform or medium, whether public or private; or
Clause 4. Threatening the safety or security of another person, on any communication platform or medium, whether public or private; or
Clause 5. Threatening illegal action against another person, on any communication platform or medium, whether public or private; or
Clause 6. Posting links to malicious or illegal websites, on any communication platform or medium, whether public or private; or
Clause 7. Repeatedly, deliberately describing another person by such words as Section 4, Clause 2 of this Article defines, on any communication platform or medium, whether public or private.

Section 4. Hate Speech

For the purposes of this Act, hate speech includes, and exclusively includes, statements as described in Article 1, Section 9 of the Constitution. Hate speech includes such statements on any communication platform or medium, whether public or private, through the following acts:

Clause 1. Claiming, asserting, or repeatedly alluding to the superiority or inferiority of another person or group of persons on the basis of sex, gender identity, race, ethnicity, or religion; or
Clause 2. Using slurs, names, or other clearly derogatory or incendiary words generally used to offend, insult, humiliate, or intimidate people or groups of people on the basis of sex, gender identity, race, ethnicity, or religion, outside the context of a bona fide quotation; or
Clause 3. Repeatedly defending the acceptability or propriety of such words defined by Clause 2 of this Section or their usage; or
Clause 4. Knowingly supporting historical or current efforts to abridge human rights on the basis of sex, gender identity, race, ethnicity, or religion, or knowingly and publicly supporting groups, such as political parties, which advocate abridging human rights as such.

Article 3. Protection of Free Speech

Section 1. Unlawful Suppression of Speech

Any public officer of the Social Liberal Union or any State acting under their direction or authority or State purporting to act under such color of authority which deliberately deletes or suppresses content by another Member State on the Regional Message Board or the regional forum on the basis of opinions expressed therein or otherwise on account of the specific content contained therein may be subject to prosecution for a class 1 offense, with the class of the offense increasing on each successive infraction but not exceeding a class 3 offense. Provided, this section shall not be grounds for prosecution if the reason for deletion or suppression of content is:

Clause 1. Deletion or suppression for containing inappropriate content; or
Clause 2. Deletion or suppression for containing classified, secret, or otherwise confidential materials, even if such materials belong to other regions; or
Clause 3. Deletion or suppression for containing personal information, when so requested by the person whose information is disclosed; or
Clause 4. General management and maintenance of the forum and threads therein by the lawfully entitled officers.

Section 2. Intimidation for Expression

Any state that illegitimately threatens to delete or suppress content by a Member or Resident State on the Regional Message Board or regional forum on the basis of opinions expressed therein, or illegitimately threatens to do so in future instances, or threatens to take other illegal action against a Member State in retribution for such, may be subject to prosecution for a class 3 offense. Any state which threatens the same and in so doing harasses the threatened state as defined by this Act may be subject to prosecution for a class 5 offense in addition to prosecution for harassment.

Section 3. Content Suppression by Unauthorized Officers

Any officer of the Social Liberal Union that deliberately deletes or suppresses content by a Member or Resident State on grounds of inappropriate content set forth in this Act, but is not authorized to do under this Act, may be subject to prosecution for a class 1 offense.

Section 4. Right to Notification of Removal

In any case where content is suppressed or deleted as inappropriate content, the state who posted such content shall be notified via telegram by the Minister of Domestic Affairs or their deputy when so authorized of its suppression and of the form of inappropriate content it was considered to be. Failure to notify the state who posted the content shall render any prosecutions resulting from the inappropriate content in question null and void.

Article 4. Removal of Inappropriate Content

Section 1. Removal of Content Generally

Any post containing inappropriate content on any regional communication platform or medium may be deleted or suppressed. On the regional forum and Regional Message Board, such moderation may be done only by the Minister of Domestic Affairs, their deputy when so authorized, or the World Assembly Delegate; the moderating officer or a designee thereof shall notify the Open Parliament of the reason for deletion or suppression. On any other regional communication platform or medium, any officer with moderation powers may delete or suppress posts containing inappropriate content. Any officer other than the Minister of Domestic Affairs who deletes or suppresses inappropriate content on any regional communication platform or medium must notify the Minister of Domestic Affairs.

Section 2. Appeals Regarding Spam and Vulgarity

Any state whose content is deemed spam or vulgarity may file a Resolution finding that the content in question did not contain spam or vulgarity, which must have at least one cosponsor, be introduced within two weeks of deletion or suppression, and be moved to vote within four weeks of deletion or suppression. Should such a Resolution pass, no prosecution shall be brought against the state in question on basis of spam or vulgarity in the instance(s) the Resolution deems void, and any pending prosecution or convictions on basis of such void spam or vulgarity shall be vacated. If the content named by the Resolution is suppressed on the Regional Message Board, it must be unsuppressed upon passage of the Resolution by any officer with the power to do so as immediately as practicable.

Section 3. Recordkeeping

The Minister of Domestic Affairs shall keep a record of all instances of spam, vulgarity, hate speech, and harassment occurring after the passage of this Act.

Article 5. Disciplinary Action and Offenses

Section 1. Repeated Spam or Vulgarity Offense

Any state which commits the following may be subject to prosecution for a class 1 offense, with the class of the offense increasing on each successive infraction but not exceeding a class 3 offense:

Clause 1. Posting in three instances content deemed spam within one month; or
Clause 2. Posting in one instance content deemed spam and in one instance content deemed vulgarity within one month; or
Clause 3. Posting in two instances content deemed spam and in one instance content deemed vulgarity within three months; or
Clause 4. Posting in two instances content deemed vulgarity within six months.

Section 2. Hate Speech Offense

Any state which posts content deemed hate speech may be subject to prosecution for a class 2 offense, with the class of the offense increasing on each successive infraction but not exceeding a class 5 offense.

Section 3. Harassment Offense

Any state which posts content deemed harassment may be subject to prosecution for a class 5 offense, with the class of the offense increasing to a class 6 offense on any successive infractions.

Section 4. Removal for Harassment

If, prior to and pending prosecution for harassment, a person believes that the continued presence of an individual that they believe has harassed them would more likely than not endanger their safety, wellbeing, privacy, or make them or another person subject to future harassment, they may write a complaint to the Minister of Domestic Affairs or World Assembly Delegate. This complaint must document the alleged instance(s) of harassment, though it may exclude all private information, and state why and to what extent the accused harasser should be removed from the Social Liberal Union and/or communication mediums thereof. Within two weeks of the complaint, the Cabinet must vote on whether to deem the complaint clear and convincing. If the Cabinet finds the allegation clear and convincing, the Cabinet, after consultation with the victim, in whole or in part may:

Clause 1. If the harasser is a foreign state: remove them indefinitely from all regional communication platforms and mediums and ban them from the region; or
Clause 2. If the harasser is an ambassador from a foreign region with diplomatic immunity: strip them of their immunity, expel them from the Social Liberal Union, ban them from the region, and remove them indefinitely from all regional communication platforms and mediums, with notice to their home region of the cause for their removal; or
Clause 3. If the harasser is a Resident State but non-Member State: remove them indefinitely from all regional communication platforms and mediums and eject and ban them from the region, with notice of the cause for their removal; or
Clause 4. If the harasser is a Member State: remove them from all regional communication platforms and mediums, with notice of the cause for their removal, and ban them from posting on the Regional Message Board subject to suppression.
  1. http://socialliberal.proboards.com/thread/2861
  2. Retrieved from "https://parliament.slugov.com/index.php?title=Speech_Protection_and_Inappropriate_Content_Prevention_Act&oldid=7294"