The bill, H.B. No. 4087, aims to address issues of censorship and interference with digital expression, particularly on social media platforms and through electronic communications. It emphasizes the need for state remedies against social media censorship, citing concerns over federal government actions that may infringe upon free speech. The bill clarifies the definition of "social media platform" to exclude certain services, such as electronic mail and platforms primarily providing non-user-generated content or specific services like banking. It also establishes that social media platforms must not discriminate against users' expressions based on viewpoint.
Key amendments include the introduction of new provisions that allow users to seek damages for violations of the law, including the option for statutory damages based on the severity of the censorship experienced. The bill specifies that social media platforms cannot discriminate in the carriage of users' expressions and outlines the legal remedies available to users, including declaratory and injunctive relief, as well as the recovery of attorney's fees. The act is set to take effect on September 1, 2025, and applies only to causes of action that arise after this date.
Statutes affected: Introduced: Commerce Code 120.001 (Commerce Code 120)