Texas Senate Bill SB2164

Texas 2023 - 88th Regular

• Filed: 3/9/23

Caption

Relating to restricting access to sexual material harmful to minors on an Internet website.

Impact

The bill's introduction represents a significant shift in how state law will govern internet content, particularly concerning minors. It adds a layer of compliance for commercial entities engaged in the publication of potentially harmful material, mandating age verification to prevent underage access. This regulation could have a broad impact on internet businesses operating within Texas, compelling them to adopt strict identification processes. Additionally, SB2164 excludes bona fide news organizations from these requirements, indicating a careful consideration of the balance between regulation and free speech.

Summary

SB2164 seeks to restrict access to sexual material deemed harmful to minors on internet platforms. The bill mandates that commercial entities using websites to publish or distribute such material verify that individuals accessing it are 18 years of age or older through reasonable age verification methods. Additionally, a commercial entity found violating these stipulations can be held liable for damages, which include the right for parents or guardians to sue if minors access such content. By imposing these restrictions, SB2164 aims to enhance protections for minors in the digital age.

Sentiment

The overall sentiment surrounding SB2164 appears divided. Supporters see it as a necessary measure to protect children from inappropriate content online and commend the efforts to foster a safer digital environment. On the other hand, critics may argue that the bill could lead to overreach, stifling legitimate content and impacting businesses' operations. Concerns also arise about the effectiveness of age verification systems and the potential for misuse of the data collected during the verification process.

Contention

Notable points of contention include concerns about implementation and operational consequences for businesses. The bill introduces stringent requirements without deeply addressing how these businesses, particularly smaller ones, might cope with the associated costs and complexity. Critics often express apprehension over potential privacy issues tied to the age verification process, especially regarding the retention of personal data. Moreover, the clarity surrounding what constitutes 'material harmful to minors' could lead to varied interpretations, thus influencing how the bill is enforced in practice.