By: Hughes, et al. S.B. No. 12
(In the Senate - Filed March 1, 2021; March 3, 2021, read
first time and referred to Committee on State Affairs;
March 22, 2021, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 6, Nays 3; March 22, 2021,
sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR S.B. No. 12 By: Hughes
A BILL TO BE ENTITLED
AN ACT
relating to complaint procedures and disclosure requirements for
social media platforms and to the censorship of users' expressions
by an interactive computer service.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The legislature finds that social media
platforms are akin to common carriers, are affected with a public
interest, are central public forums for public debate, and have
enjoyed governmental support in the United States.
SECTION 2. Subtitle C, Title 5, Business & Commerce Code, is
amended by adding Chapter 113 to read as follows:
CHAPTER 113. SOCIAL MEDIA PLATFORMS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 113.001. DEFINITIONS. In this chapter:
(1) "Social media platform" means an Internet website
or application that is open to the public, allows a user to create
an account, and enables users to communicate with other users for
the primary purpose of posting information, comments, messages, or
images. The term does not include:
(A) an Internet service provider as defined by
Section 324.055;
(B) electronic mail; or
(C) an online service, application, or website:
(i) that consists primarily of news,
sports, entertainment, or other information or content that is not
user generated but is preselected by the provider; and
(ii) for which any chat, comments, or
interactive functionality is incidental to, directly related to, or
dependent on the provision of the content described by Subparagraph
(i).
(2) "User" means a person who posts, uploads,
transmits, shares, or otherwise publishes or receives content
through a social media platform.
Sec. 113.002. APPLICABILITY OF CHAPTER. (a) This chapter
applies only to a user who:
(1) resides in this state;
(2) does business in this state; or
(3) shares or receives content on a social media
platform in this state.
(b) This chapter applies only to a social media platform
that functionally has more than 100 million active users in a
calendar month.
SUBCHAPTER B. DISCLOSURE REQUIREMENTS
Sec. 113.051. PUBLIC DISCLOSURES. (a) A social media
platform shall, in accordance with this subchapter, publicly
disclose accurate information regarding its content management,
data management, and business practices, including specific
information regarding how the social media platform:
(1) curates and targets content to users;
(2) places and promotes content, services, and
products, including its own content, services, and products;
(3) moderates content;
(4) uses search, ranking, or other algorithms or
procedures that determine results on the platform; and
(5) provides users' performance data on the use of the
platform and its products and services.
(b) The disclosure required by Subsection (a) must be
sufficient to enable users to make an informed choice regarding the
purchase of or use of access to or services from the platform.
(c) A social media platform shall publish the disclosure
required by Subsection (a) on an Internet website that is easily
accessible by the public.
Sec. 113.052. ACCEPTABLE USE POLICY. (a) A social media
platform shall publish an acceptable use policy in a location that
is easily accessible to a user.
(b) A social media platform's acceptable use policy must:
(1) reasonably inform users about the types of content
allowed on the social media platform;
(2) explain the steps the social media platform will
take to ensure content complies with the policy;
(3) explain the means by which users can notify the
social media platform of content that potentially violates the
acceptable use policy, illegal content, or illegal activity, which
includes:
(A) subject to Subsection (c), making available a
live company representative to take user complaints through a
toll-free telephone number that users may call during regular
business hours;
(B) an e-mail address or relevant complaint
intake mechanism to handle user complaints; and
(C) a complaint system described by Subchapter C;
and
(4) include publication of a quarterly transparency
report outlining actions taken to enforce the policy.
(c) The live company representative described by Subsection
(b)(3)(A) must be available eight hours a day, five days a week.
Sec. 113.053. QUARTERLY TRANSPARENCY REPORT. (a) As part
of a social media platform's acceptable use policy under Section
113.052, the social media platform shall publish a quarterly
transparency report that includes, with respect to the preceding
three-month period:
(1) the total number of instances in which the social
media platform was alerted to illegal content, illegal activity, or
potentially policy-violating content by:
(A) a user complaint;
(B) an employee of or person contracting with the
social media platform; or
(C) an internal automated detection tool;
(2) subject to Subsection (b), the number of instances
in which the social media platform took action with respect to
illegal content, illegal activity, or potentially policy-violating
content known to the platform due to the nature of the content as
illegal content, illegal activity, or potentially policy-violating
content, including:
(A) content removal;
(B) content demonetization;
(C) content deprioritization;
(D) the addition of an assessment to content;
(E) account suspension;
(F) account removal; or
(G) any other action taken in accordance with the
platform's acceptable use policy;
(3) the country of the user who provided the content
for each instance described by Subdivision (2);
(4) the number of coordinated campaigns, if
applicable;
(5) the number of instances in which a user appealed
the decision to remove the user's potentially policy-violating
content;
(6) the percentage of appeals described by Subdivision
(5) that resulted in the restoration of content; and
(7) a description of each tool, practice, action, or
technique used in enforcing the acceptable use policy.
(b) The information described by Subsection (a)(2) must be
categorized by:
(1) category of rule violated; and
(2) the source of the alert of illegal content,
illegal activity, or potentially policy-violating content,
including:
(A) a government;
(B) a user;
(C) an internal automated detection tool;
(D) coordination with other social media
platforms; or
(E) persons employed by or contracting with the
platform.
(c) A social media platform shall publish the information
described by Subsection (a) with an open license, in a
machine-readable and open format, and in a location that is easily
accessible to users.
SUBCHAPTER C. COMPLAINT PROCEDURES
Sec. 113.101. COMPLAINT SYSTEM. A social media platform
shall provide an easily accessible complaint system to enable a
user to submit a complaint in good faith and keep track of the
status of the complaint, including a complaint regarding:
(1) illegal content or activity; or
(2) a decision made by the social media platform to
remove content posted by the user.
Sec. 113.102. PROCESSING OF COMPLAINTS. If a social media
platform receives notice of illegal content or illegal activity on
the social media platform, the social media platform shall make a
good faith effort to evaluate the legality of the content or
activity within 24 hours of receiving the notice, subject to
reasonable exceptions based on concerns about the legitimacy of the
notice.
Sec. 113.103. REMOVAL OF CONTENT; EXCEPTIONS. (a) Except
as provided by Subsection (b), if a social media platform removes
content based on a violation of the platform's acceptable use
policy under Section 113.052, the social media platform shall,
concurrently with the removal:
(1) notify the user who provided the content of the
removal and explain why the content was removed;
(2) allow the user to appeal the decision to remove the
content to the platform; and
(3) provide written notice to the user who provided
the content of:
(A) the determination regarding an appeal
requested under Subdivision (2); and
(B) in the case of a reversal of the social media
platform's decision to remove the content, the reason for the
reversal.
(b) A social media platform is not required to provide a
user with notice or an opportunity to appeal under Subsection (a) if
the social media platform:
(1) is unable to contact the user after taking
reasonable steps to make contact; or
(2) knows that the potentially policy-violating
content relates to an ongoing law enforcement investigation.
Sec. 113.104. APPEAL PROCEDURES. If a social media
platform receives a user complaint that the social media platform
removed content provided by the user from the platform that the user
believes was not potentially policy-violating content, the social
media platform shall, not later than the 14th day after the date the
platform receives the complaint:
(1) review the content;
(2) determine whether the content adheres to the
platform's acceptable use policy;
(3) take appropriate steps based on the determination
under Subdivision (2); and
(4) notify the user regarding the determination made
under Subdivision (2) and the steps taken under Subdivision (3).
SUBCHAPTER D. ENFORCEMENT
Sec. 113.151. ACTION BY ATTORNEY GENERAL. (a) The attorney
general may bring an action against a social media platform to
enjoin a violation of this chapter.
(b) If an injunction is granted in an action brought under
Subsection (a), the attorney general may recover costs incurred in
bringing the action, including reasonable attorney's fees and
reasonable investigative costs.
SECTION 3. Title 6, Civil Practice and Remedies Code, is
amended by adding Chapter 143A to read as follows:
CHAPTER 143A. DISCOURSE ON INTERACTIVE WEB-BASED PLATFORMS
Sec. 143A.001. DEFINITIONS. In this chapter:
(1) "Censor" means to block, ban, remove, deplatform,
demonetize, de-boost, restrict, deny equal access or visibility to,
or otherwise discriminate against expression.
(2) "Expression" means any word, music, sound, still
or moving image, number, or other perceivable communication.
(3) "Interactive computer service" means an
information service, system, or access software provider that
provides or enables computer access by multiple users to a server
that provides a social media platform for users to engage in
expressive activity. The term does not include an Internet service
provider as defined by Section 324.055, Business & Commerce Code.
(4) "Receive," with respect to an expression, means to
read, hear, look at, access, or gain access to the expression.
(5) "Social media platform" has the meaning assigned
by Section 113.001, Business & Commerce Code.
(6) "Unlawful expression" means an expression that is
unlawful under the United States Constitution, federal law, the
Texas Constitution, or the laws of this state.
(7) "User" means a person who posts, uploads,
transmits, shares, or otherwise publishes or receives expression,
through an interactive computer service.
Sec. 143A.002. CENSORSHIP PROHIBITED. (a) An interactive
computer service may not censor a user, a user's expression, or a
user's ability to receive the expression of another person based
on:
(1) the viewpoint of the user or another person;
(2) the viewpoint represented in the user's expression
or another person's expression; or
(3) a user's geographic location in this state or any
part of this state.
(b) This section applies regardless of whether the
viewpoint is expressed on the interactive computer service or
elsewhere.
Sec. 143A.003. APPLICABILITY OF CHAPTER. (a) This chapter
applies only to a user who:
(1) resides in this state;
(2) does business in this state; or
(3) shares or receives expression in this state.
(b) This chapter applies only to expression that is shared
or received in this state.
(c) This chapter applies only to an interactive computer
service that functionally has more than 100 million active users in
a calendar month.
Sec. 143A.004. LIMITATION ON EFFECT OF CHAPTER. This
chapter does not subject an interactive computer service to damages
or other legal remedies to the extent the interactive computer
service is protected from those remedies under federal law.
Sec. 143A.005. CONSTRUCTION OF CHAPTER. This chapter does
not prohibit an interactive computer service from:
(1) censoring expression that the interactive
computer service is specifically authorized to censor by federal
law; or
(2) censoring unlawful expression.
Sec. 143A.006. USER REMEDIES. (a) A user may bring an
action against an interactive computer service that violates this
chapter with respect to the user.
(b) If the user proves that the interactive computer service
violated this chapter with respect to the user, the user is entitled
to recover:
(1) declaratory relief under Chapter 37, including
costs and reasonable and necessary attorney's fees under Section
37.009; and
(2) injunctive relief.
(c) If an interactive computer service fails to promptly
comply with a court order in an action brought under this section,
the court shall hold the interactive computer service in contempt
and shall use all lawful measures to secure immediate compliance
with the order, including daily penalties sufficient to secure
immediate compliance.
Sec. 143A.007. ACTION BY ATTORNEY GENERAL. (a) The
attorney general may bring an action for declaratory relief to have
determined any question of construction or validity arising under
this chapter and to obtain a declaration of rights, status, or other
legal relations with respect to this chapter. The attorney general
may recover costs and reasonable and necessary attorney's fees
under Section 37.009 in connection with declaratory relief obtained
under this subsection.
(b) The attorney general may bring an action to enjoin a
violation of this chapter. If the injunction is granted, the
attorney general may recover costs and reasonable attorney's fees
incurred in bringing the action and reasonable investigative costs
incurred in relation to the action.
SECTION 4. (a) Because this Act has been enacted amid
uncertainty about the application of the United States Constitution
and relevant federal statutes, every provision, section,
subsection, sentence, or clause of this Act, and every application
of the provisions of this Act to any person, group of persons, or
circumstances are severable from each other. If any application of
any provision of this Act is found by a court to be unconstitutional
or invalid, on any ground for any reason whatsoever, the remaining
application of that provision to other persons and circumstances
shall be severed and may not be affected. The legislature further
declares that it would have passed this Act, each provision,
section, subsection, sentence, or clause of this Act, and all
constitutional applications of this Act regardless of the fact that
any provision, section, subsection, sentence, or clause of this Act
or applications of this Act were to be declared unconstitutional by
any court.
(b) If any provision of this Act is found by any court to be
unconstitutionally vague, the applications of that provision that
do not present constitutional vagueness problems shall be severed
and remain in force.
SECTION 5. Chapter 143A, Civil Practice and Remedies Code,
as added by this Act, applies only to an action taken on or after the
effective date of this Act.
SECTION 6. This Act takes effect September 1, 2021.
* * * * *