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A BILL TO BE ENTITLED
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AN ACT
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relating to certain deceptive trade practices by interactive |
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computer services. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. This Act may be cited as the Social Media |
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Deceptive Trade Practices Act. |
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SECTION 2. Chapter 17, Business & Commerce Code, is amended |
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by adding Subchapter M to read as follows: |
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SUBCHAPTER M. DISCOURSE ON INTERACTIVE WEB-BASED PLATFORMS |
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Sec. 17.961. DEFINITIONS. In this subchapter: |
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(1) "Interactive computer service" means any |
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information service, system, or access software provider that |
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provides or enables computer access by multiple users to a server, |
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including a service, system, web site, web application, or web |
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portal that provides a social media platform for users to engage in |
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expressive activity. |
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(2) "User" means any person that posts, uploads, |
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transmits, or otherwise publishes content through any interactive |
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computer service, including a social media platform. |
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Sec. 17.962. INAPPLICABILITY OF SUBCHAPTER. This |
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subchapter does not apply to an Internet service provider as |
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defined by Section 324.055. |
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Sec. 17.963. UNLAWFUL ACTS. (a) Except as provided by |
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Subsection (b), an interactive computer service that represents the |
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service as viewpoint neutral, impartial, or non-biased may not on |
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the basis of the content or viewpoint expressed: |
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(1) block a user's speech; |
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(2) censor a user's speech; |
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(3) ban a user; |
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(4) remove a user's speech; |
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(5) shadow ban a user; |
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(6) de-platform a user; |
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(7) de-boost a user's speech; |
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(8) de-monetize a user; or |
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(9) otherwise restrict speech of a user. |
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(b) Pursuant to 47 U.S.C. Section 230(c), it is a defense to |
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liability under this section that an interactive computer service: |
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(1) voluntarily and in good faith acted to restrict |
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access to or availability of content that is objectively considered |
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to be obscene, lewd, lascivious, filthy, excessively violent, |
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harassing, or otherwise objectionable, whether or not such content |
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is constitutionally protected; or |
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(2) acted to enable or make available the technical |
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means to restrict access to content described in Subdivision (1). |
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Sec. 17.964. DECEPTIVE TRADE PRACTICE. A violation of this |
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subchapter is a false, misleading, or deceptive act or practice |
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within the meaning of Section 17.46 and is actionable in a public |
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suit brought under Subchapter E. |
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SECTION 3. This Act takes effect September 1, 2019. |
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* * * * * |