TX
Texas Senate Bill SB12

Texas 2021 - 87th Regular

Texas Senate Bill SB12 Compare Versions

OldNewDifferences
11 By: Hughes, et al. S.B. No. 12
2- (Sanford, Metcalf, Smithee, et al.)
32
43
54 A BILL TO BE ENTITLED
65 AN ACT
76 relating to complaint procedures and disclosure requirements for
87 social media platforms and to the censorship of users' expressions
98 by an interactive computer service.
109 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1110 SECTION 1. The legislature finds that social media
1211 platforms are akin to common carriers, are affected with a public
1312 interest, are central public forums for public debate, and have
1413 enjoyed governmental support in the United States.
1514 SECTION 2. Subtitle C, Title 5, Business & Commerce Code, is
1615 amended by adding Chapter 113 to read as follows:
1716 CHAPTER 113. SOCIAL MEDIA PLATFORMS
1817 SUBCHAPTER A. GENERAL PROVISIONS
1918 Sec. 113.001. DEFINITIONS. In this chapter:
2019 (1) "Social media platform" means an Internet website
2120 or application that is open to the public, allows a user to create
2221 an account, and enables users to communicate with other users for
2322 the primary purpose of posting information, comments, messages, or
2423 images. The term does not include:
2524 (A) an Internet service provider as defined by
2625 Section 324.055;
2726 (B) electronic mail; or
2827 (C) an online service, application, or website:
2928 (i) that consists primarily of news,
3029 sports, entertainment, or other information or content that is not
3130 user generated but is preselected by the provider; and
3231 (ii) for which any chat, comments, or
3332 interactive functionality is incidental to, directly related to, or
3433 dependent on the provision of the content described by Subparagraph
3534 (i).
3635 (2) "User" means a person who posts, uploads,
3736 transmits, shares, or otherwise publishes or receives content
3837 through a social media platform.
3938 Sec. 113.002. APPLICABILITY OF CHAPTER. (a) This chapter
4039 applies only to a user who:
4140 (1) resides in this state;
4241 (2) does business in this state; or
4342 (3) shares or receives content on a social media
4443 platform in this state.
4544 (b) This chapter applies only to a social media platform
4645 that functionally has more than 100 million active users in a
4746 calendar month.
4847 SUBCHAPTER B. DISCLOSURE REQUIREMENTS
4948 Sec. 113.051. PUBLIC DISCLOSURES. (a) A social media
5049 platform shall, in accordance with this subchapter, publicly
5150 disclose accurate information regarding its content management,
5251 data management, and business practices, including specific
5352 information regarding how the social media platform:
5453 (1) curates and targets content to users;
5554 (2) places and promotes content, services, and
5655 products, including its own content, services, and products;
5756 (3) moderates content;
5857 (4) uses search, ranking, or other algorithms or
5958 procedures that determine results on the platform; and
6059 (5) provides users' performance data on the use of the
6160 platform and its products and services.
6261 (b) The disclosure required by Subsection (a) must be
6362 sufficient to enable users to make an informed choice regarding the
6463 purchase of or use of access to or services from the platform.
6564 (c) A social media platform shall publish the disclosure
6665 required by Subsection (a) on an Internet website that is easily
6766 accessible by the public.
6867 Sec. 113.052. ACCEPTABLE USE POLICY. (a) A social media
6968 platform shall publish an acceptable use policy in a location that
7069 is easily accessible to a user.
7170 (b) A social media platform's acceptable use policy must:
7271 (1) reasonably inform users about the types of content
7372 allowed on the social media platform;
7473 (2) explain the steps the social media platform will
7574 take to ensure content complies with the policy;
7675 (3) explain the means by which users can notify the
7776 social media platform of content that potentially violates the
7877 acceptable use policy, illegal content, or illegal activity, which
7978 includes:
8079 (A) subject to Subsection (c), making available a
8180 live company representative to take user complaints through a
8281 toll-free telephone number that users may call during regular
8382 business hours;
8483 (B) an e-mail address or relevant complaint
8584 intake mechanism to handle user complaints; and
8685 (C) a complaint system described by Subchapter C;
8786 and
8887 (4) include publication of a quarterly transparency
8988 report outlining actions taken to enforce the policy.
9089 (c) The live company representative described by Subsection
9190 (b)(3)(A) must be available eight hours a day, five days a week.
9291 Sec. 113.053. QUARTERLY TRANSPARENCY REPORT. (a) As part
9392 of a social media platform's acceptable use policy under Section
9493 113.052, the social media platform shall publish a quarterly
9594 transparency report that includes, with respect to the preceding
9695 three-month period:
9796 (1) the total number of instances in which the social
9897 media platform was alerted to illegal content, illegal activity, or
9998 potentially policy-violating content by:
10099 (A) a user complaint;
101100 (B) an employee of or person contracting with the
102101 social media platform; or
103102 (C) an internal automated detection tool;
104103 (2) subject to Subsection (b), the number of instances
105104 in which the social media platform took action with respect to
106105 illegal content, illegal activity, or potentially policy-violating
107106 content known to the platform due to the nature of the content as
108107 illegal content, illegal activity, or potentially policy-violating
109108 content, including:
110109 (A) content removal;
111110 (B) content demonetization;
112111 (C) content deprioritization;
113112 (D) the addition of an assessment to content;
114113 (E) account suspension;
115114 (F) account removal; or
116115 (G) any other action taken in accordance with the
117116 platform's acceptable use policy;
118117 (3) the country of the user who provided the content
119118 for each instance described by Subdivision (2);
120119 (4) the number of coordinated campaigns, if
121120 applicable;
122121 (5) the number of instances in which a user appealed
123122 the decision to remove the user's potentially policy-violating
124123 content;
125124 (6) the percentage of appeals described by Subdivision
126125 (5) that resulted in the restoration of content; and
127126 (7) a description of each tool, practice, action, or
128127 technique used in enforcing the acceptable use policy.
129128 (b) The information described by Subsection (a)(2) must be
130129 categorized by:
131130 (1) category of rule violated; and
132131 (2) the source of the alert of illegal content,
133132 illegal activity, or potentially policy-violating content,
134133 including:
135134 (A) a government;
136135 (B) a user;
137136 (C) an internal automated detection tool;
138137 (D) coordination with other social media
139138 platforms; or
140139 (E) persons employed by or contracting with the
141140 platform.
142141 (c) A social media platform shall publish the information
143142 described by Subsection (a) with an open license, in a
144143 machine-readable and open format, and in a location that is easily
145144 accessible to users.
146145 SUBCHAPTER C. COMPLAINT PROCEDURES
147146 Sec. 113.101. COMPLAINT SYSTEM. A social media platform
148147 shall provide an easily accessible complaint system to enable a
149148 user to submit a complaint in good faith and keep track of the
150149 status of the complaint, including a complaint regarding:
151150 (1) illegal content or activity; or
152151 (2) a decision made by the social media platform to
153152 remove content posted by the user.
154153 Sec. 113.102. PROCESSING OF COMPLAINTS. If a social media
155154 platform receives notice of illegal content or illegal activity on
156155 the social media platform, the social media platform shall make a
157156 good faith effort to evaluate the legality of the content or
158157 activity within 24 hours of receiving the notice, subject to
159158 reasonable exceptions based on concerns about the legitimacy of the
160159 notice.
161160 Sec. 113.103. REMOVAL OF CONTENT; EXCEPTIONS. (a) Except
162161 as provided by Subsection (b), if a social media platform removes
163162 content based on a violation of the platform's acceptable use
164163 policy under Section 113.052, the social media platform shall,
165164 concurrently with the removal:
166165 (1) notify the user who provided the content of the
167166 removal and explain why the content was removed;
168167 (2) allow the user to appeal the decision to remove the
169168 content to the platform; and
170169 (3) provide written notice to the user who provided
171170 the content of:
172171 (A) the determination regarding an appeal
173172 requested under Subdivision (2); and
174173 (B) in the case of a reversal of the social media
175174 platform's decision to remove the content, the reason for the
176175 reversal.
177176 (b) A social media platform is not required to provide a
178177 user with notice or an opportunity to appeal under Subsection (a) if
179178 the social media platform:
180179 (1) is unable to contact the user after taking
181180 reasonable steps to make contact; or
182181 (2) knows that the potentially policy-violating
183182 content relates to an ongoing law enforcement investigation.
184183 Sec. 113.104. APPEAL PROCEDURES. If a social media
185184 platform receives a user complaint that the social media platform
186185 removed content provided by the user from the platform that the user
187186 believes was not potentially policy-violating content, the social
188187 media platform shall, not later than the 14th day after the date the
189188 platform receives the complaint:
190189 (1) review the content;
191190 (2) determine whether the content adheres to the
192191 platform's acceptable use policy;
193192 (3) take appropriate steps based on the determination
194193 under Subdivision (2); and
195194 (4) notify the user regarding the determination made
196195 under Subdivision (2) and the steps taken under Subdivision (3).
197196 SUBCHAPTER D. ENFORCEMENT
198197 Sec. 113.151. ACTION BY ATTORNEY GENERAL. (a) The attorney
199198 general may bring an action against a social media platform to
200199 enjoin a violation of this chapter.
201200 (b) If an injunction is granted in an action brought under
202201 Subsection (a), the attorney general may recover costs incurred in
203202 bringing the action, including reasonable attorney's fees and
204203 reasonable investigative costs.
205204 SECTION 3. Title 6, Civil Practice and Remedies Code, is
206205 amended by adding Chapter 143A to read as follows:
207206 CHAPTER 143A. DISCOURSE ON INTERACTIVE WEB-BASED PLATFORMS
208207 Sec. 143A.001. DEFINITIONS. In this chapter:
209208 (1) "Censor" means to block, ban, remove, deplatform,
210209 demonetize, de-boost, restrict, deny equal access or visibility to,
211210 or otherwise discriminate against expression.
212211 (2) "Expression" means any word, music, sound, still
213212 or moving image, number, or other perceivable communication.
214213 (3) "Interactive computer service" means an
215214 information service, system, or access software provider that
216215 provides or enables computer access by multiple users to a server
217216 that provides a social media platform for users to engage in
218217 expressive activity. The term does not include an Internet service
219218 provider as defined by Section 324.055, Business & Commerce Code.
220219 (4) "Receive," with respect to an expression, means to
221220 read, hear, look at, access, or gain access to the expression.
222221 (5) "Social media platform" has the meaning assigned
223222 by Section 113.001, Business & Commerce Code.
224223 (6) "Unlawful expression" means an expression that is
225224 unlawful under the United States Constitution, federal law, the
226225 Texas Constitution, or the laws of this state.
227226 (7) "User" means a person who posts, uploads,
228227 transmits, shares, or otherwise publishes or receives expression,
229228 through an interactive computer service.
230229 Sec. 143A.002. CENSORSHIP PROHIBITED. (a) An interactive
231230 computer service may not censor a user, a user's expression, or a
232231 user's ability to receive the expression of another person based
233232 on:
234233 (1) the viewpoint of the user or another person;
235234 (2) the viewpoint represented in the user's expression
236235 or another person's expression; or
237236 (3) a user's geographic location in this state or any
238237 part of this state.
239238 (b) This section applies regardless of whether the
240239 viewpoint is expressed on the interactive computer service or
241240 elsewhere.
242241 Sec. 143A.003. APPLICABILITY OF CHAPTER. (a) This chapter
243242 applies only to a user who:
244243 (1) resides in this state;
245244 (2) does business in this state; or
246245 (3) shares or receives expression in this state.
247246 (b) This chapter applies only to expression that is shared
248247 or received in this state.
249248 (c) This chapter applies only to an interactive computer
250249 service that functionally has more than 100 million active users in
251250 a calendar month.
252251 (d) This chapter does not apply to censorship of an
253252 expression that is the subject of a referral or request from an
254253 organization whose purpose is to prevent the sexual exploitation of
255254 children and protect survivors of childhood sexual abuse from
256255 ongoing harassment.
257256 (e) This chapter does not apply to censorship of an
258257 expression that directly incites criminal activity or consists of
259258 specific threats of violence targeted against a person or group
260259 because of their race, color, disability, religion, national origin
261260 or ancestry, age, sex, or status as a peace officer or judge.
262261 Sec. 143A.004. LIMITATION ON EFFECT OF CHAPTER. This
263262 chapter does not subject an interactive computer service to damages
264263 or other legal remedies to the extent the interactive computer
265264 service is protected from those remedies under federal law.
266265 Sec. 143A.005. CONSTRUCTION OF CHAPTER. (a) This chapter
267266 does not prohibit an interactive computer service from:
268267 (1) censoring expression that the interactive
269268 computer service is specifically authorized to censor by federal
270269 law; or
271270 (2) censoring unlawful expression.
272271 (b) This chapter may not be construed to prohibit or
273272 restrict an interactive computer service from authorizing or
274273 facilitating a user's ability to censor specific expression at the
275274 request of that user.
276275 Sec. 143A.006. USER REMEDIES. (a) A user may bring an
277276 action against an interactive computer service that violates this
278277 chapter with respect to the user.
279278 (b) If the user proves that the interactive computer service
280279 violated this chapter with respect to the user, the user is entitled
281280 to recover:
282281 (1) declaratory relief under Chapter 37, including
283282 costs and reasonable and necessary attorney's fees under Section
284283 37.009; and
285284 (2) injunctive relief.
286285 (c) If an interactive computer service fails to promptly
287286 comply with a court order in an action brought under this section,
288287 the court shall hold the interactive computer service in contempt
289288 and shall use all lawful measures to secure immediate compliance
290289 with the order, including daily penalties sufficient to secure
291290 immediate compliance.
292291 Sec. 143A.007. ACTION BY ATTORNEY GENERAL. (a) The
293292 attorney general may bring an action for declaratory relief to have
294293 determined any question of construction or validity arising under
295294 this chapter and to obtain a declaration of rights, status, or other
296295 legal relations with respect to this chapter. The attorney general
297296 may recover costs and reasonable and necessary attorney's fees
298297 under Section 37.009 in connection with declaratory relief obtained
299298 under this subsection.
300299 (b) The attorney general may bring an action to enjoin a
301300 violation of this chapter. If the injunction is granted, the
302301 attorney general may recover costs and reasonable attorney's fees
303302 incurred in bringing the action and reasonable investigative costs
304303 incurred in relation to the action.
305304 SECTION 4. (a) Because this Act has been enacted amid
306305 uncertainty about the application of the United States Constitution
307306 and relevant federal statutes, every provision, section,
308307 subsection, sentence, or clause of this Act, and every application
309308 of the provisions of this Act to any person, group of persons, or
310309 circumstances are severable from each other. If any application of
311310 any provision of this Act is found by a court to be unconstitutional
312311 or invalid, on any ground for any reason whatsoever, the remaining
313312 application of that provision to other persons and circumstances
314313 shall be severed and may not be affected. The legislature further
315314 declares that it would have passed this Act, each provision,
316315 section, subsection, sentence, or clause of this Act, and all
317316 constitutional applications of this Act regardless of the fact that
318317 any provision, section, subsection, sentence, or clause of this Act
319318 or applications of this Act were to be declared unconstitutional by
320319 any court.
321320 (b) If any provision of this Act is found by any court to be
322321 unconstitutionally vague, the applications of that provision that
323322 do not present constitutional vagueness problems shall be severed
324323 and remain in force.
325324 SECTION 5. Chapter 143A, Civil Practice and Remedies Code,
326325 as added by this Act, applies only to an action taken on or after the
327326 effective date of this Act.
328327 SECTION 6. This Act takes effect September 1, 2021.