The bill, S.B. No. 1626, aims to address issues of censorship and interference with digital expression, particularly on social media platforms and through electronic communications. It seeks to clarify the application of existing legislation (H.B. 20) regarding social media platforms as common carriers, emphasizing the need for state remedies against federal censorship. The bill outlines the importance of ensuring that the public square, primarily located on the Internet, remains accessible to individuals of all viewpoints without discrimination. It also highlights the necessity of damages for violations of H.B. 20, given that platforms have not complied with the legislation.

Key amendments in the bill include a revised definition of "social media platform" to exclude electronic mail and certain online services that do not primarily function as communication services. Additionally, it introduces provisions that limit the liability of social media platforms under state law to the extent that they are protected by federal law. The bill also specifies that users who prove violations are entitled to various forms of relief, including actual or statutory damages, with the latter set at $100,000 for violations involving censorship of the user's expression. The act is set to take effect on September 1, 2025.

Statutes affected:
Introduced: Commerce Code 120.001 (Commerce Code 120)