Texas House Bill HB3101

Texas 2021 - 87th Regular

Caption

Relating to the duties of social media companies regarding prostitution and trafficking of persons; creating a criminal offense.

Impact

Under HB3101, social media companies are mandated to remove any content related to prostitution and trafficking immediately upon discovering it. The bill also stipulates that companies must either suspend the user's account responsible for the illegal content or issue a warning. Nonetheless, failure to comply with these regulations will result in criminal offenses categorized as Class A misdemeanors, escalating to state jail felonies if the violation is purposeful. This creates a legal framework that can potentially shift liability toward social media companies concerning the content their users share.

Summary

House Bill 3101 aims to establish specific duties for social media companies in relation to the prohibition of prostitution and human trafficking on their platforms. The bill seeks to amend the Business and Commerce Code by introducing Chapter 2005, which clearly defines the responsibilities that social media companies must assume in monitoring and managing user content that may involve illegal activities associated with these issues. It emphasizes the obligation of these companies to actively prevent the misuse of their sites for facilitating prostitution and trafficking in persons.

Contention

While proponents argue that the legislation is necessary to safeguard individuals from exploitation online, critics voice concerns regarding the practical implications of enforcing such responsibilities on social media companies. There are apprehensions about the potential for overreach in censorship and the complexities involved in ensuring fair content moderation that does not infringe on users' rights. Additionally, the ramifications of classifying violations as felonies may provoke discussions about the balance between combating illegal activities and protecting free speech rights on digital platforms.