Texas House Bill HB5517

Texas 2025 - 89th Regular

• Filed: 3/14/25

Caption

Relating to sexually explicit artificially generated images and videos.

Impact

The bill will strengthen the legal framework surrounding the protection against the unauthorized use of individuals' images, especially in explicit contexts. By instituting penalties for the unauthorized production and sharing of such images, it serves to enhance digital consent laws in Texas and responds to the growing issue of online exploitation and harassment. Importantly, this legislation could serve as a model for other states grappling with similar issues relating to privacy and consent in the digital age.

Summary

House Bill 5517 addresses the production and distribution of sexually explicit images and videos, specifically those generated through artificial intelligence. The bill aims to amend existing sections of the Texas Penal Code and Business & Commerce Code to establish the legality of such materials and the rights of individuals depicted within them. It prohibits the creation or dissemination of these materials without the consent of the person being depicted, thereby granting individuals better control over their digital likeness and address the concerns raised by the rise of deepfake technology.

Contention

Notable points of contention include how the bill defines 'artificially generated images' and the potential implications for social media platforms. The provision allowing users to bring action against platforms that fail to remove such content has raised questions about the responsibility and liability of these platforms. Critics may argue that this creates an excessive burden on social media services, while proponents assert that it is necessary to protect individual rights in an increasingly digital world. Moreover, there may be debates regarding the thresholds for consent and the implications for freedom of expression.

Texas Constitutional Statutes Affected

Penal Code

• Chapter 21. Sexual Offenses
  • Section: 16
  • Section: 165

• Chapter 43. Public Indecency
  • Section: 26
  • Section: 261
  • Section: 262