Bill Text: TX HB165 | 2021 | 87th Legislature 2nd Special Session | Introduced
Bill Title: Relating to civil liability for censorship by social media companies.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2021-08-23 - Referred to Constitutional Rights & Remedies [HB165 Detail]
Download: Texas-2021-HB165-Introduced.html
| 87S20711 SCL-D | ||
| By: Shaheen | H.B. No. 165 | |
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| relating to civil liability for censorship by social media | ||
| companies. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Title 4, Civil Practice and Remedies Code, is | ||
| amended by adding Chapter 100D to read as follows: | ||
| CHAPTER 100D. LIABILITY FOR SOCIAL MEDIA CENSORSHIP | ||
| Sec. 100D.001. DEFINITIONS. In this chapter: | ||
| (1) "Information content provider" means a person who | ||
| is responsible, wholly or partly, for the creation or development | ||
| of information provided through the Internet or any other | ||
| interactive computer service. | ||
| (2) "Interactive computer service" means any | ||
| information service, system, or access software provider that | ||
| provides or enables computer access to a computer server by | ||
| multiple users, including a service or system that provides access | ||
| to the Internet or a system operated or service offered by a library | ||
| or educational institution. | ||
| (3) "Social media site" means an Internet website in | ||
| which users share and generate content and locate and connect with | ||
| users with common interests. | ||
| Sec. 100D.002. APPLICABILITY. This chapter applies only to | ||
| an interactive computer service provider that: | ||
| (1) is immune from civil liability under federal law; | ||
| (2) is not considered a publisher in accordance with | ||
| Section 100D.006(b); | ||
| (3) has over one million users; and | ||
| (4) provides a social media site. | ||
| Sec. 100D.003. LIABILITY FOR CENSORSHIP. Except as | ||
| provided by Section 100D.006, an interactive computer service | ||
| provider that restricts, censors, or suppresses information is | ||
| liable to the information content provider and any person who may | ||
| have received the information had the information not been | ||
| restricted, censored, or suppressed for damages incurred by the | ||
| restriction, censorship, or suppression. | ||
| Sec. 100D.004. REMEDIES. (a) A claimant who prevails in an | ||
| action under this chapter shall be awarded: | ||
| (1) compensatory damages; | ||
| (2) treble any compensatory damages; | ||
| (3) court costs; and | ||
| (4) reasonable attorney's fees. | ||
| (b) In addition to an award under Subsection (a), a claimant | ||
| who prevails in an action under this chapter may be awarded | ||
| exemplary damages. | ||
| Sec. 100D.005. AUTHORIZED VENUE. A claimant may bring an | ||
| action under this chapter in a district court in a county in which | ||
| the claimant resides. | ||
| Sec. 100D.006. EXCEPTIONS. (a) An interactive computer | ||
| service provider is not liable under Section 100D.003 if the | ||
| provider: | ||
| (1) voluntarily takes an action in good faith to | ||
| restrict access to or availability of information that the provider | ||
| or a user considers to be obscene, lewd, lascivious, filthy, | ||
| excessively violent, harassing, or otherwise objectionable | ||
| regardless of whether the information is constitutionally | ||
| protected; or | ||
| (2) takes an action to enable or make available to a | ||
| person, including an information content provider, the technical | ||
| means to restrict access to information described by Subdivision | ||
| (1). | ||
| (b) An interactive computer service provider may state in | ||
| the terms of service that the provider is a publisher. If a claimant | ||
| agrees to the terms of service, the claimant may not bring an action | ||
| under this chapter. | ||
| (c) An interactive computer service provider may limit | ||
| content to subject matter expressly stated in the provider's terms | ||
| of service and is not liable under Section 100D.003 for the | ||
| limitation. | ||
| SECTION 2. Section 100D.003, Civil Practice and Remedies | ||
| Code, as added by this Act, applies only to a cause of action that | ||
| accrues on or after the effective date of this Act. | ||
| SECTION 3. This Act takes effect on the 91st day after the | ||
| last day of the legislative session. | ||
