Relating to civil liability for obscenity.
If enacted, HB1375 will alter the legal landscape regarding civil actions related to obscenity by allowing for individuals harmed by obscene materials to seek damages through civil lawsuits. This legislation aims to provide a path for those affected to claim actual damages for their experience, which could include mental anguish. The bill mandates that a court shall award court costs and reasonable attorney's fees to claimants who prevail in their civil actions. Furthermore, it enables the recovery of exemplary damages, thereby potentially increasing financial consequences for offenders and those complicit in distributing harmful materials.
House Bill 1375 proposes new statutory provisions to establish civil liability for obscenity in Texas. The bill introduces Chapter 98C to the Civil Practice and Remedies Code, delineating specific definitions and parameters surrounding the term 'obscenity' as defined by the Penal Code. Under this chapter, both individuals and commercial entities can be held liable for engaging in, or benefiting from, obscenity-related conduct, particularly in cases where minors are involved. The focus is on protecting vulnerable populations, particularly minors, from exposure to harmful materials considered obscene, and ensuring that there are legal consequences for entities that may knowingly facilitate such exposure.
Potential points of contention may arise around the definitions laid out in the bill and the implications for free speech. Critics might argue that broadening the definition of obscenity and liability could lead to unintended consequences, such as censorship or suppression of information under the guise of protecting minors. This concern is heightened by the specification that no bona fide news or public-interest broadcasts would be affected, suggesting an attempt to mitigate fears of overreach. Such provisions leave room for interpretations, which could result in legal challenges regarding the enforcement and application of the law, especially concerning technological platforms and their responsibilities regarding content distribution.
Civil Practice And Remedies Code
Penal Code