Texas 2023 - 88th Regular

Texas House Bill HB3752

Filed
3/7/23  
Out of Senate Committee
 
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

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

Impact

The introduction of HB 3752 is expected to significantly alter how social media platforms regulate content and interact with users. By authorizing users to pursue financial compensation for censorship, it compels social media companies to reevaluate their content moderation policies. The legislation is designed to empower individuals, providing them with a tangible recourse against what they perceive as unjust treatment or restrictions on their speech, thus potentially influencing the dynamics of interaction in digital public spaces.

Summary

House Bill 3752 aims to address the issue of censorship on social media platforms by allowing users to seek statutory damages for violations of their free speech rights. It modifies existing law to include provisions that enable users who prove they were censored by social media platforms to recover damages ranging from $750 to $30,000 for each infringement. This bill provides a new avenue for individuals to hold social media companies accountable and would take effect on September 1, 2023. The bill addresses a perceived gap found in House Bill 20, which previously only allowed for injunctive relief against censorship without providing any means for financial recovery.

Sentiment

Overall sentiment regarding HB 3752 appears to be divided. Proponents argue that the bill is an essential measure for protecting free speech and ensuring users have legal recourse against censorship. Supporters view it as a crucial step toward enhancing individual rights in the digital sphere, providing users with necessary tools to challenge social media companies. Conversely, critics raise concerns about the implications of such damages, suggesting that it may lead to frivolous lawsuits and further complicate the already delicate balance between moderation of harmful content and preservation of free speech.

Contention

Key points of contention focus on the potential for the bill to encourage excessive litigation against social media companies. Opponents worry that the financial incentives introduced by statutory damages may lead to an uptick in lawsuits that could overwhelm the judiciary and create an environment of fear among social media platforms regarding content moderation. Debates around the bill highlight the broader conversation on the balance between protecting free speech and managing harmful content in an age where social media plays a significant role in public discourse.

Texas Constitutional Statutes Affected

Civil Practice And Remedies Code

  • Chapter 143. Harmful Access By Computer
    • Section: New Section
    • Section: New Section

Companion Bills

TX SB2510

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

Similar Bills

No similar bills found.