Texas House Bill HB401

Texas 2025 - 89th Regular

• Filed: 11/12/24

Caption

Relating to a criminal offense for creating and distributing certain misleading videos with the intent to influence the outcome of an election.

Impact

The implementation of HB 401 is expected to strengthen election integrity efforts within Texas by targeting a specific mode of misinformation that has proliferated with advancements in technology. By making it a criminal offense to produce deep fake videos aimed at influencing elections, lawmakers hope to discourage malicious behavior that can lead to voter deception and erosion of public trust. The bill's provisions also ensure that any offenses would be governed by the law in effect at the time of the offense, establishing a clear legal framework for accountability.

Summary

House Bill 401 aims to address the growing concern over misinformation in elections by criminalizing the creation and distribution of misleading videos, particularly deep fakes, that have the intent to influence election outcomes. This legislative measure specifies that individuals who create such deceptive content and disseminate it with the intent to injure a candidate or affect the election result would be committing an offense. The bill proposes the amendment of Section 255.004(d) of the Election Code, enhancing legal measures to curtail election manipulation through digital media.

Contention

Notable points of contention surrounding HB 401 include potential concerns about free speech and the implications for creative expression. Critics may argue that criminalizing certain types of video content can infringe upon individual rights and could be subject to misuse against political opponents. Additionally, there could be challenges in delineating what constitutes a misleading video versus permissible political content, highlighting the need for clear definitions and guidelines within the law to avoid unintended consequences.

Texas Constitutional Statutes Affected

Election Code

• Chapter 255. Regulating Political Advertising And Campaign Communications
  • Section: New Section