Bill Text: TX SB2373 | 2019-2020 | 86th Legislature | Engrossed
Bill Title: Relating to certain deceptive trade practices by interactive computer services.
Spectrum: Partisan Bill (Republican 4-0)
Status: (Engrossed - Dead) 2019-05-14 - Left pending in committee [SB2373 Detail]
Download: Texas-2019-SB2373-Engrossed.html
By: Hughes, et al. | S.B. No. 2373 |
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relating to certain deceptive trade practices by interactive | ||
computer services. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. This Act may be cited as the Social Media | ||
Deceptive Trade Practices Act. | ||
SECTION 2. Chapter 17, Business & Commerce Code, is amended | ||
by adding Subchapter M to read as follows: | ||
SUBCHAPTER M. DISCOURSE ON INTERACTIVE WEB-BASED PLATFORMS | ||
Sec. 17.961. DEFINITIONS. In this subchapter: | ||
(1) "Interactive computer service" means any | ||
information service, system, or access software provider that | ||
provides or enables computer access by multiple users to a server, | ||
including a service, system, website, web application, or web | ||
portal that provides a social media platform for users to engage in | ||
expressive activity. | ||
(2) "User" means any person that posts, uploads, | ||
transmits, or otherwise publishes content through any interactive | ||
computer service, including a social media platform. | ||
Sec. 17.962. INAPPLICABILITY OF SUBCHAPTER. This | ||
subchapter does not apply to an Internet service provider as | ||
defined by Section 324.055. | ||
Sec. 17.963. UNLAWFUL ACTS. (a) Except as provided by | ||
Subsection (b), an interactive computer service that represents the | ||
service as viewpoint neutral, impartial, or non-biased may not on | ||
the basis of the content or viewpoint expressed: | ||
(1) block a user's speech; | ||
(2) censor a user's speech; | ||
(3) ban a user; | ||
(4) remove a user's speech; | ||
(5) shadow ban a user; | ||
(6) de-platform a user; | ||
(7) de-boost a user's speech; | ||
(8) de-monetize a user; or | ||
(9) otherwise restrict speech of a user. | ||
(b) Pursuant to 47 U.S.C. Section 230(c), it is a defense to | ||
liability under this section that an interactive computer service: | ||
(1) voluntarily and in good faith acted to restrict | ||
access to or availability of content that the interactive computer | ||
service reasonably considers to be obscene, lewd, lascivious, | ||
filthy, excessively violent, harassing, or otherwise | ||
objectionable, whether or not such content is constitutionally | ||
protected; or | ||
(2) acted to enable or make available the technical | ||
means to restrict access to content described in Subdivision (1). | ||
Sec. 17.964. DECEPTIVE TRADE PRACTICE. A violation of this | ||
subchapter is a false, misleading, or deceptive act or practice | ||
within the meaning of Section 17.46 and is subject to an enforcement | ||
action by the attorney general under Subchapter E and to the | ||
penalties and remedies contained in Section 17.47. | ||
SECTION 3. This Act takes effect September 1, 2019. |