Market Resource: Product and Service Viewpoint Equality Policy

Purpose:

To ensure that the company does not condition/restrict use of a product or service based on the ideology, opinion, or perspective of a person or group.

Policy:

1. Digital Service Providers:
   1. [Insert Name] does not:
      1. discriminate against users,
      2. censor a user,
      3. censor a user’s expression, (or)
      4. interfere with a user’s ability to receive the expression of another person
   2. based on:
      
      1. the viewpoint of the user or another person,
      2. regardless of whether the viewpoint is expressed on the platform or through another medium.
      3. The company will not restrict or punish the expression of different viewpoints on matters of public concern, even when some may find those views offensive, hurtful, misguided, upsetting, discriminatory or otherwise objectionable.*
2.  Non-Digital Service Providers:

1. 1. [Insert Name] does not:
      1. discriminate against [customer’s/seller’s/ creator’s/user’s]
   2. based on:
      
      1. religious beliefs,
      2. ideological viewpoints, or
      3. political affiliation.
   3. The company will not restrict or punish the expression of different viewpoints on matters of public concern, even when some may find those views offensive, hurtful, misguided, upsetting, discriminatory or otherwise objectionable.*

Risk:

This policy mitigates the risk of violating an emerging group of state laws such as Texas H.B. 20, which prohibit social media companies from engaging in certain types of content- or viewpoint-based censorship.

Application:
* These model provisions do not bar companies from adopting policies that prohibit, limit, restrict, or deny services based on lewd, lascivious, filthy, excessively violent, harassing, or similarly harmful content or conduct. Those policies, however, should be drafted to (1) avoid unclear and imprecise terms that imperil free speech, (2) avoid viewpoint discriminatory language, and (3) protect all stakeholders from legitimately harmful content and conduct.

 

Disclaimer: The information contained in this document is general in nature and is not intended to provide, or be a substitute for, legal analysis, legal advice, or consultation with appropriate legal counsel. You should not act or rely on information contained in this document without seeking appropriate professional advice. By printing and distributing this document, Alliance Defending Freedom, Inc. is not providing legal advice, and the use of this document is not intended to constitute advertising or solicitation and does not create an attorney-client relationship between you and Alliance Defending Freedom or between you and any Alliance Defending Freedom employee. For additional questions, call Alliance Defending Freedom at (800) 835-5233.