Texas 2021 - 87th Regular

Texas House Bill HB2587

Caption

Relating to the censorship of users' expressions by an interactive computer service.

Impact

The bill would amend the Civil Practice and Remedies Code by adding Chapter 143A, reinforcing the right to user expression and establishing a prohibition against the censorship of expressions deemed lawful under federal and state law. It specifies that an interactive computer service cannot delist or limit the visibility of user-generated content based on content viewpoint, potentially reshaping the landscape of how social media platforms operate within Texas. This legal framework could foster increased accountability for tech companies regarding user expression.

Summary

House Bill 2587 aims to address the censorship of users' expressions by interactive computer services, treating these platforms similarly to common carriers due to their public interest role as forums for debate. The bill asserts that social media platforms should not discriminate against users based on their viewpoints or geographic location within the state. It provides a legal framework to challenge such censorship, promoting more robust user protections for free expression across digital platforms.

Contention

Notably, the bill allows users to seek declaratory and injunctive relief if they believe their rights have been infringed, offering a clear path for legal recourse which may lead to increased litigation against major platforms. However, the bill does not confer additional rights beyond the protections already established by federal law, which may lead to challenges in enforcement or interpretation. The effectiveness of the bill depends on its implementation and how courts determine the balance between existing privacy rights and the aims of the bill.

Companion Bills

TX SB12

Same As Relating to complaint procedures and disclosure requirements for social media platforms and to the censorship of users' expressions by an interactive computer service.

TX HB3106

Same As Relating to the censorship of users' expressions by an interactive computer service.

Previously Filed As

TX HB3750

Relating to venue and choice of law for certain actions involving censorship by social media platforms and to statutory damages in actions brought by social media users against social media platforms for prohibited censorship.

TX HB3752

Relating to statutory damages in actions brought by social media users against social media platforms for prohibited censorship.

TX SB2510

Relating to statutory damages in actions brought by social media users against social media platforms for prohibited censorship.

TX HB22

Relating to abortion, including civil liability for distribution of abortion-inducing drugs and duties of Internet service providers; creating a criminal offense; authorizing a private civil right of action.

TX HB36

TX HB2690

TX HB111

TX HB18

Relating to the protection of minors from harmful, deceptive, or unfair trade practices in connection with the use of certain digital services and electronic devices, including the use and transfer of electronic devices to students by a public school.

TX SB1602

Relating to venue and choice of law for certain actions involving censorship by social media platforms.

TX HB3751