Texas House Bill HB496

Texas 2015 - 84th Regular

• Filed: 12/12/14

Caption

Relating to civil and criminal liability for the unlawful disclosure or promotion of certain intimate visual material; creating an offense.

Impact

The legislation introduces a civil cause of action for individuals whose intimate visual materials are unlawfully disclosed. This means that anyone depicted in such content could sue for damages if their consent was not obtained prior to the material's release. Furthermore, the law also categorizes certain acts of disclosure as misdemeanors, thereby adding a layer of criminality to actions that were previously unregulated. This bill is expected to fill a notable gap in privacy law in the state, especially in an era where digital content can be disseminated rapidly and widely.

Summary

House Bill 496, or the Relationship Privacy Act, establishes new civil and criminal liabilities concerning the unauthorized disclosure or promotion of intimate visual materials. The bill specifically defines 'intimate visual material' as any visual content depicting a person engaged in sexual conduct, with strict guidelines set for when these materials can be disclosed. Under this law, both civil lawsuits and criminal charges can be brought against individuals who share such content without consent, creating significant legal ramifications for violations.

Sentiment

General sentiment around HB 496 appears to be supportive among advocates for privacy rights, who argue that it is a significant step forward in protecting individuals from non-consensual sharing of intimate materials. However, some concerns have been raised regarding potential implications for freedom of expression and how the law may be enforced. Critics suggest that the definitions provided in the bill could be subject to broad interpretation, potentially criminalizing consensual sharing of content among adults. Nonetheless, advocates maintain that it is essential to provide victims with recourse against violations of personal privacy.

Contention

A notable point of contention surrounding HB 496 involves how consent is interpreted and the potential for abuse of the new provisions. Some opponents of the bill argue that it could inadvertently lead to complications in legal proceedings, particularly concerning the burden of proof regarding consent. Additionally, there are concerns about the effects on platforms that host user-generated content and how they could be implicated under such laws. Balancing the interests of privacy with those of free expression and technological realities remains a central issue as discussions about the bill continue.