87R7610 SCL-D
By: Shaheen H.B. No. 2188
A BILL TO BE ENTITLED
AN ACT
relating to civil liability for censorship by social media
companies.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Title 4, Civil Practice and Remedies Code, is
amended by adding Chapter 100D to read as follows:
CHAPTER 100D. LIABILITY FOR SOCIAL MEDIA CENSORSHIP
Sec. 100D.001. DEFINITIONS. In this chapter:
(1) "Interactive computer service" means any
information service, system, or access software provider that
provides or enables computer access to a computer server by
multiple users, including a service or system that provides access
to the Internet or a system operated or service offered by a library
or educational institution.
(2) "Information content provider" means a person who
is responsible, wholly or partly, for the creation or development
of information provided through the Internet or any other
interactive computer service.
(3) "Social media site" means an Internet website in
which users share and generate content and locate and connect with
users with common interests.
Sec. 100D.002. APPLICABILITY. This chapter applies only to
an interactive computer service provider that:
(1) is immune from civil liability under federal law;
(2) is not considered a publisher in accordance with
Section 100D.006(b);
(3) has over one million users; and
(4) provides a social media site.
Sec. 100D.003. LIABILITY FOR CENSORSHIP. Except as
provided by Section 100D.006, an interactive computer service
provider that restricts, censors, or suppresses information is
liable to the information content provider and any person who may
have received the information had the information not been
restricted, censored, or suppressed for damages incurred by the
restriction, censorship, or suppression.
Sec. 100D.004. REMEDIES. (a) A claimant who prevails in an
action under this chapter shall be awarded:
(1) compensatory damages;
(2) treble any compensatory damages;
(3) court costs; and
(4) reasonable attorney's fees.
(b) In addition to an award under Subsection (a), a claimant
who prevails in an action under this chapter may be awarded
exemplary damages.
Sec. 100D.005. AUTHORIZED VENUE. A claimant may bring an
action under this chapter in a district court in a county in which
the claimant resides.
Sec. 100D.006. EXCEPTIONS. (a) An interactive computer
service provider is not liable under Section 100D.003 if the
provider:
(1) voluntarily takes an action in good faith to
restrict access to or availability of information that the provider
or a user considers to be obscene, lewd, lascivious, filthy,
excessively violent, harassing, or otherwise objectionable
regardless of whether the information is constitutionally
protected; or
(2) takes an action to enable or make available to a
person, including an information content provider, the technical
means to restrict access to information described by Subdivision
(1).
(b) An interactive computer service provider may state in
the terms of service that the provider is a publisher. If a claimant
agrees to the terms of service, the claimant may not bring an action
under this chapter.
(c) An interactive computer service provider may limit
content to subject matter expressly stated in the provider's terms
of service and is not liable under Section 100D.003 for the
limitation.
SECTION 2. Section 100D.003, Civil Practice and Remedies
Code, as added by this Act, applies only to a cause of action that
accrues on or after the effective date of this Act.
SECTION 3. This Act takes effect September 1, 2021.