Texas 2025 - 89th Regular

Texas Senate Bill SB441

Filed
11/21/24  
Out of Senate Committee
3/6/25  
Voted on by House
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to civil liability for the production, solicitation, disclosure, or promotion of artificial intimate visual material.

Impact

If enacted, SB441 will amend the Civil Practice and Remedies Code, adding new provisions regarding civil liability for the creation and distribution of non-consensual intimate visual materials. The legislation requires that consent must be obtained from depicted persons before such material can be produced or shared. It ensures that individuals have legal recourse against those who violate these provisions and potentially unregulated internet platforms or AI applications responsible for such unauthorized actions. This change could lead to a significant shift in how privacy is protected in the digital age, particularly as it pertains to content generated via AI technologies.

Summary

Senate Bill 441, titled 'Relating to civil liability for the production, solicitation, disclosure, or promotion of artificial intimate visual material,' introduces significant changes to Texas law aimed at protecting individuals from unauthorized uses of their likeness generated through artificial intelligence. The bill defines 'artificial intimate visual material' and establishes liability for those who produce or disseminate such materials without consent, particularly focusing on scenarios intending to harm the subjects depicted. It seeks to address emerging challenges posed by advancements in AI technology and the existing legal gaps surrounding consent and privacy rights.

Sentiment

The sentiment around SB441 indicates a proactive approach towards safeguarding individual rights in the context of rapidly evolving technology. Proponents argue that this legislation is a vital step towards combating the misuse of personal likenesses and protecting victims of non-consensual content dissemination. They emphasize the importance of consent in an age where AI-generated materials are increasingly prevalent. However, there may be concerns about enforcement challenges and the implications this may have for content creators and tech companies, leading to a spectrum of responses from support to reservations regarding practicality.

Contention

Notable points of contention include discussions on the balance between innovation in technology and the protection of individual rights. Some critics may argue that imposing strict liability on tech companies and platforms could stifle creativity and lead to overreach in content moderation practices. Additionally, there are concerns about the definitions provided in the bill, such as what constitutes 'effective consent' and how these rules will be enforced practically in the digital environment. These conversations reflect broader debates on digital rights and the complexities of regulating AI and the internet.

Texas Constitutional Statutes Affected

Civil Practice And Remedies Code

  • Chapter 98. Liability For Trafficking Of Persons
    • Section: New Section
    • Section: New Section

Companion Bills

No companion bills found.

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