Texas Senate Bill SB12

Texas 2021 - 87th Regular

Caption

Relating to complaint procedures and disclosure requirements for social media platforms and to the censorship of users' expressions by an interactive computer service.

Impact

If enacted, SB12 would significantly alter the operational landscape for social media platforms with over 100 million active users. It requires that these platforms develop an accessible complaint system for users to report illegal content, as well as irregularities in content moderation decisions. The legislation aims to ensure users are notified when their content is removed, how it was moderated, and provides mechanisms for appeal. Moreover, the Attorney General would be empowered to enforce compliance, thereby elevating the state's involvement in regulating these forums of public discourse. This could result in more user-friendly practices but could also impose substantial administrative burdens on content moderation teams.

Summary

SB12 aims to regulate social media platforms by establishing complaint procedures and disclosure requirements concerning censorship of users' expressions. This bill characterizes social media platforms as common carriers and public forums, thus placing a public interest standard on their operations. A significant focus is on the obligations of these platforms to publicly disclose their content management practices, including how they curate and moderate user content. The law emphasizes the necessity of transparency, compelling platforms to provide users with data about their activities, which could promote informed user choices regarding these services.

Sentiment

Sentiments surrounding SB12 are deeply divided among lawmakers and the public. Proponents of the bill, often leaning towards conservative viewpoints, perceive it as a protective measure for free speech, arguing that it curtails the arbitrary power of social media companies to censor opinion and expression. They assert that the bill fosters a fairer environment for dialogue and discourse. Conversely, critics, primarily from the liberal camp, fear that the legislation may empower users to exploit complaint mechanisms against platforms, potentially leading to misinformation proliferation without accountability for harmful content. The contention suggests ongoing tensions between safeguarding free expression and addressing the responsibilities of social media in content governance.

Contention

Notable points of contention include concerns about the definition of censorship and its implications for content governance. Critics argue that by categorizing social media platforms as public entities, the bill could lead to complications regarding the rights of these platforms to manage their own services. The inclusion of significant penalties for non-compliance from the Attorney General adds another layer of contention regarding potential business impacts on social media companies. The bill seeks to operationalize discourse on the internet while balancing user rights with the realities of content moderation in a digital age, a challenge that highlights the complexities of legislating in the tech space.