By: Hughes, et al. S.B. No. 2373
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, website, 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 the interactive computer
service reasonably considers 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 subject to an enforcement
action by the attorney general under Subchapter E and to the
penalties and remedies contained in Section 17.47.
SECTION 3. This Act takes effect September 1, 2019.