JEFFERSON CITY, Mo. – In an effort to protect free speech and safeguard consumers from censorship, Missouri Attorney General Andrew Bailey announced he is issuing a regulation requiring Big Tech companies to offer algorithmic choice for social media users in Missouri. The first of its kind in the nation, Attorney General Bailey’s regulation will ensure Big Tech companies are transparent about the algorithms they use and offer Missouri consumers the option to select alternatives. Social media algorithms quietly control the news feed and content received by millions of users and have been used by tech companies to both censor speakers and manipulate the information they receive.
“Social media companies are supposed to provide a space where users can share views, content and ideas. Instead, Big Tech oligarchs have manipulated consumers’ social media feeds for their own purposes and exercised monopoly control over content moderation. To that end, I am invoking my authority under consumer protection law to ensure Missourians get to control the content they consume on social media,” said Attorney General Bailey. “With this rule, Missouri becomes the first state in the nation to enshrine transparency and accountability for Big Tech into law at this scale. Big Tech companies who run afoul of this regulation will be held accountable.”
This rule will follow the roadmap laid out by the Supreme Court in the NetChoice decision issued last term. Under the authority of the Missouri Merchandising Practices Act, the new rule will clarify that it is an unfair, deceptive, fraudulent, or otherwise unlawful practice for any person to operate a social media platform unless the platform permits users the opportunity to select a third-party content moderator of their choice, rather than rely on the content moderation provided directly by the social media platform.
Social media platforms can satisfy Attorney General Bailey’s algorithmic choice requirements if:
- Users are provided with a choice screen upon account activation and at least every 6 months thereafter that gives them the opportunity to choose among competing content moderators;
- No selection is chosen by default;
- The choice screen does not favor the social media platform’s content moderator over those of third parties;
- When a user chooses a content moderator other than that provided by the social media platform, the social media platform permits that content moderator interoperable access to data on the platform in order to moderate what content is viewed by the user; and
- Except as expressly authorized below, the social media company does not moderate, censor, or suppress content on the social media platform such that a user is unable to view that content if their chosen content moderator would otherwise permit viewing that content.
As part of the rule promulgation process, Attorney General Bailey will be taking public comments and will announce forums to collect additional evidence about the deceptive practices of the social media companies.
“This is the first prong of a comprehensive offensive to protect free speech in 2025,” said Attorney General Bailey. “Now that we have a presidential administration coming into office that will not silence disfavored speech, we’re turning our focus to corporate censorship. Missouri will continue to lead the way in defense of our most fundamental freedoms.”
