89R6192 MLH-D
By: Bhojani H.B. No. 3133
A BILL TO BE ENTITLED
AN ACT
relating to user reports of explicit deep fake material on social
media platforms.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 120, Business & Commerce
Code, is amended by adding Section 120.1001 to read as follows:
Sec. 120.1001. DEFINITIONS. In this subchapter:
(1) "Deep fake generator" means an Internet website or
application that allows a user to create or generate deep fake
material using software provided by the website or application.
The term does not include a separate platform on which deep fake
material is posted, sent, or distributed.
(2) "Deep fake material" means visual material,
created with the intent to deceive, that appears to depict a real
person performing an action that did not occur in reality.
(3) "Explicit deep fake material" means deep fake
material that appears to depict a real person engaging in sexual
conduct or other conduct resulting in the exposure of the person's
intimate parts.
(4) "Intimate parts," "sexual conduct," and "visual
material" have the meanings assigned by Section 21.16, Penal Code.
SECTION 2. Section 120.101, Business & Commerce Code, is
amended to read as follows:
Sec. 120.101. 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 track the status of the
complaint, including a complaint regarding:
(1) illegal content or activity; [or]
(2) explicit deep fake material; or
(3) a decision made by the social media platform to
remove content posted by the user.
SECTION 3. Section 120.102, Business & Commerce Code, is
amended to read as follows:
Sec. 120.102. PROCESSING OF COMPLAINTS. (a) A social media
platform that receives notice of illegal content or illegal
activity on the social media platform shall make a good faith effort
to evaluate the legality of the content or activity within 48 hours
of receiving the notice, excluding hours during a Saturday or
Sunday and subject to reasonable exceptions based on concerns about
the legitimacy of the notice.
(b) A social media platform that receives notice of explicit
deep fake material on the social media platform shall:
(1) remove the content reported by the user as
explicit deep fake material;
(2) not later than 48 hours after the user submits the
notice, confirm to the user that the social media platform is aware
of the material;
(3) conduct an investigation as required by Section
120.1025; and
(4) not later than the seventh day after the date the
user submitted the report to the social media platform, provide a
written notice to the user updating the user on the status of the
social media platform's investigation under Section 120.1025.
SECTION 4. Subchapter C, Chapter 120, Business & Commerce
Code, is amended by adding Section 120.1025 to read as follows:
Sec. 120.1025. INVESTIGATION OF EXPLICIT DEEP FAKE
MATERIAL. (a) A social media platform that receives notice of
explicit deep fake material on the social media platform shall
conduct an investigation to determine whether the content reported
by the user is explicit deep fake material.
(b) A social media platform may collect additional
information necessary to complete an investigation under this
section.
(c) Except as provided by Subsection (d), a social media
platform shall complete an investigation under this section not
later than the 30th day after the date the user submitted the report
to the social media platform.
(d) If a social media platform cannot complete an
investigation under this section due to circumstances that are
reasonably beyond the social media platform's control, the social
media platform shall complete the investigation not later than the
60th day after the date the user submitted the report to the social
media platform. The social media platform shall provide notice to
the user who submitted the report of the anticipated delay not later
than 48 hours after the social media platform becomes aware of the
circumstances that cause the delay.
(e) If a social media platform determines after an
investigation under this section that the reported material is not
explicit deep fake material, the social media platform may restore
the material.
(f) If a social media platform determines after an
investigation under this section that the reported material is
explicit deep fake material, the social media platform shall
implement measures to ensure the same material is not posted on the
social media platform again.
SECTION 5. Section 120.103(b), Business & Commerce Code, is
amended to read as follows:
(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; or
(3) removed the content under Section 120.102(b) due
to a complaint that the content was explicit deep fake material.
SECTION 6. This Act takes effect September 1, 2025.