Texas House Bill HB95

Texas 2021 - 87th 1st C.S.

Caption

Relating to civil liability for censorship by social media companies.

Impact

The bill applies specifically to interactive computer service providers with over one million users and includes a mechanism for individuals and information content providers to sue for damages when their content is restricted or suppressed. Those who prevail in such lawsuits are entitled to a range of remedies including compensatory damages, treble damages, and coverage of court costs and attorney fees. This could potentially lead to a significant increase in lawsuits against social media companies, changing the dynamics of content moderation practices and raising questions about free speech and the responsibilities of online platforms.

Summary

House Bill 95 aims to establish civil liability for social media companies that engage in censorship of content. The bill introduces a new chapter in the Civil Practice and Remedies Code that specifies the circumstances under which social media platforms can be held liable for restricting user-generated content. It defines key terms such as 'information content provider', 'interactive computer service', and 'social media site', creating a legal framework to assess the actions of these companies in relation to censoring information.

Contention

Despite its intent to protect free speech, HB 95 has been met with criticism. Opponents argue that it could lead to unintended consequences, such as discouraging social media companies from moderating harmful content due to fear of litigation. The bill contains exceptions for good faith actions taken by these companies to restrict access to objectionable material, yet many are concerned it does not go far enough to balance free expression with the need for content regulation. Therefore, while supporters promote it as a measure to prevent censorship, critics warn it could undermine safety and promote a proliferation of hate speech and misinformation online.