By: Hughes, Bettencourt S.B. No. 2373
(In the Senate - Filed March 8, 2019; March 21, 2019, read
first time and referred to Committee on State Affairs;
April 17, 2019, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 7, Nays 0, 1 present not
voting; April 17, 2019, sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR S.B. No. 2373 By: Hughes
A BILL TO BE ENTITLED
AN ACT
relating to certain deceptive trade practices by interactive
computer services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. This Act may be cited as the Social Media
Deceptive Trade Practices Act.
SECTION 2. Chapter 17, Business & Commerce Code, is amended
by adding Subchapter M to read as follows:
SUBCHAPTER M. DISCOURSE ON INTERACTIVE WEB-BASED PLATFORMS
Sec. 17.961. DEFINITIONS. In this subchapter:
(1) "Interactive computer service" means any
information service, system, or access software provider that
provides or enables computer access by multiple users to a server,
including a service, system, web site, web application, or web
portal that provides a social media platform for users to engage in
expressive activity.
(2) "User" means any person that posts, uploads,
transmits, or otherwise publishes content through any interactive
computer service, including a social media platform.
Sec. 17.962. INAPPLICABILITY OF SUBCHAPTER. This
subchapter does not apply to an Internet service provider as
defined by Section 324.055.
Sec. 17.963. UNLAWFUL ACTS. (a) Except as provided by
Subsection (b), an interactive computer service that represents the
service as viewpoint neutral, impartial, or non-biased may not on
the basis of the content or viewpoint expressed:
(1) block a user's speech;
(2) censor a user's speech;
(3) ban a user;
(4) remove a user's speech;
(5) shadow ban a user;
(6) de-platform a user;
(7) de-boost a user's speech;
(8) de-monetize a user; or
(9) otherwise restrict speech of a user.
(b) Pursuant to 47 U.S.C. Section 230(c), it is a defense to
liability under this section that an interactive computer service:
(1) voluntarily and in good faith acted to restrict
access to or availability of content that is objectively considered
to be obscene, lewd, lascivious, filthy, excessively violent,
harassing, or otherwise objectionable, whether or not such content
is constitutionally protected; or
(2) acted to enable or make available the technical
means to restrict access to content described in Subdivision (1).
Sec. 17.964. DECEPTIVE TRADE PRACTICE. A violation of this
subchapter is a false, misleading, or deceptive act or practice
within the meaning of Section 17.46 and is actionable in a public
suit brought under Subchapter E.
SECTION 3. This Act takes effect September 1, 2019.
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