Texas Senate Bill SB90

Texas 2021 - 87th 2nd C.S.

Caption

Relating to censorship of or certain other interference with digital expression, including expression on social media platforms or through electronic mail messages.

Impact

Should SB90 be enacted, it would significantly alter the regulatory landscape surrounding digital expression in Texas. Social media platforms would be required to disclose their content moderation practices and establish accessible complaint systems for users facing content removal. This transparency aims to empower users but also places new accountability burdens on digital platforms. The expansive reach of the bill could potentially reshape how these entities operate, as they would need to navigate the new legal frameworks for content curation and moderation, ensuring compliance or facing legal actions from users and the attorney general.

Summary

SB90 seeks to address censorship and interference with digital expression, particularly focusing on communication through social media platforms and electronic mail messages. The bill establishes that individuals within Texas possess a fundamental interest in the free exchange of ideas and information, reinforcing the argument that social media platforms serve as essential public forums. The proposed legislation introduces regulatory measures that prohibit social media companies from censoring user expression based on viewpoint or geographic location, positioning their actions as common carriers. Additionally, the bill asserts that major social media platforms with over 50 million active users are subject to these regulations.

Contention

A notable point of contention surrounding SB90 lies in its implications for free speech and regulatory oversight. Advocates argue that the bill is a necessary response to perceived biases in content moderation, aiming to protect users from unfair censorship by large platforms. Conversely, critics warn that it could undermine existing content moderation mechanisms that protect users from harmful or illegal content. The extent to which SB90 will impact the balance between user rights and platform responsibilities remains a significant concern, fueling discussions about the balance between free expression and the need for safe online environments.