H.B. No. 783 introduces a new chapter, Chapter 98C, to the Civil Practice and Remedies Code, which establishes civil liability for online impersonation. The bill defines "online impersonation" as the unauthorized use of an individual's name, voice, signature, or likeness on social media platforms, particularly when the impersonation is intended to harm, defraud, intimidate, or threaten the individual. It specifies that individuals are not liable for impersonation that serves a purpose of satire or parody. The chapter also clarifies that law enforcement agencies are exempt from liability when acting within the scope of their duties in investigating internet crimes.
The bill outlines the damages that a claimant can recover if they prevail in an action for online impersonation, including actual damages related to counseling, identity theft, or libel, and allows for exemplary damages of at least $500. Additionally, it mandates that courts award costs and reasonable attorney's fees to the prevailing party. The legislation also provides for injunctive relief, allowing courts to issue restraining orders or injunctions to prevent further impersonation. This act is set to take effect on September 1, 2025.
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