Texas House Bill HB2965

Texas 2021 - 87th Regular

Caption

Relating to civil liability for censorship by social media companies.

Impact

By establishing statutory conditions under which social media companies can be liable for censorship, HB2965 potentially alters the landscape of content moderation practices. Providers will be liable for damages incurred due to their actions, which could encourage a more transparent and consistent approach to how content is managed. This law applies to interactive computer service providers that have over one million users and are immune from federal liabilities. Thus, smaller platforms may not face the same level of scrutiny or repercussions under this legislation.

Summary

House Bill 2965 is an act relating to civil liability for censorship by social media companies. The bill introduces a framework wherein interactive computer service providers, defined as platforms hosting user-generated content, can be held liable for restricting, censoring, or suppressing information provided by users. This legislative move aims to address concerns about the accountability of large social media platforms over their content moderation practices, particularly in the context of perceived censorship of viewpoints or information deemed politically sensitive or controversial.

Contention

The legislation may fuel significant debate regarding the balance between preventing censorship and allowing platforms the freedom to moderate content according to their terms of service. Proponents of the bill argue that it protects free speech and provides recourse for users affected by arbitrary limitations on the expression of ideas. However, critics express concerns that it could lead to unintended consequences, such as platforms becoming hesitant to enforce community guidelines for fear of litigation or that the law might encourage the proliferation of harmful content under the guise of protecting free speech. Therefore, the passage of this bill raises critical questions about the responsibilities of social media companies and the extent to which they can control the information distributed on their sites.