The Protecting Truth and Identity Act

This page contains the draft form of Will Campbell’s proposed

“Protecting Truth and Identity Act”.

By: ___________________

___.B. No. _____

A BILL TO BE ENTITLED AN ACT

relating to the protection of truth, personal content, identity, image, and likeness on Internet-accessible systems; requiring identity verification for users of covered systems; establishing correction and removal request processes; creating the Information and Technology Courts; providing enhanced protections for minors; and providing civil penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

ARTICLE 1. GENERAL PROVISIONS

SECTION 1.01. Title 5, Business and Commerce Code, is amended by adding Chapter 122 to read as follows:

CHAPTER 122. PROTECTING TRUTH AND IDENTITY

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 122.001. SHORT TITLE.

This chapter may be cited as the "Protecting Truth and Identity Act."

Sec. 122.002. LEGISLATIVE FINDINGS AND PURPOSE.

(a) The legislature finds that:

(1) the proliferation of false and misleading information on the Internet poses a significant threat to the health, safety, welfare, and reputations of the citizens of this state;

(2) modern technologies, including artificial intelligence and digital manipulation tools, have dramatically increased the capacity to create and disseminate false information and to manipulate the content, identities, images, audio, video, and likenesses of persons, places, and property;

(3) citizens of this state have a compelling interest in being able to distinguish between statements of verifiable fact and statements of opinion, theory, assumption, or interpretation when accessing information on the Internet;

(4) requiring entities that own and manage Internet-accessible systems to exercise reasonable diligence in ensuring the accuracy of the factual content they publish protects the public interest without restricting protected speech but rather enhancing the value and substance of free speech, and that opinion, when demonstrated as such under the totality of the circumstances, serves as a defense to claims of false statements of fact;

(5) these requirements apply to the entity's own published content and editorial representations and do not impose liability on interactive computer services for information provided by another information content provider within the meaning of 47 U.S.C. Section 230;

(6) a mechanism for citizens to request corrections of false factual statements and removal of content, identity, image, and likeness material, and to seek judicial relief when corrections or removals are not made, serves the interests of truth, fairness, and the protection of individual content, identity, image, likeness, and reputation;

(7) the creation of a specialized judicial forum is necessary to adjudicate disputes arising under this chapter in an efficient, consistent, and expert manner;

(8) expedited removal procedures for sexually explicit likeness abuse material supplement and reinforce existing protections under Chapter 98B, Civil Practice and Remedies Code, Sections 21.16 and 21.165, Penal Code, and the federal TAKE IT DOWN Act (Pub. L. 119-16);

(9) the protection of personal autonomy over one's content, image, and likeness, including the right to have sexually explicit material depicting oneself removed from the Internet upon request regardless of initial consent, serves a compelling state interest in human dignity and protection from ongoing harm;

(10) a natural person's content, identity, image, and likeness constitute personal property rights that warrant protection in the digital age;

(11) the default rule for Internet-accessible systems should be privacy-protective, requiring express consent and fair compensation for the collection and use of personal data;

(12) a natural person's personal data, including behavioral, interaction, and usage data generated by the person's activity on Internet-accessible systems, is a product of that person's actions and identity in the digital environment and therefore warrants protection and fair compensation when collected or used by others;

(13) positive identification of all users of covered systems is essential to protect the property rights of citizens in their content, identity, image, and likeness (CIIL), to enforce the remedies provided by this chapter, and to hold individuals accountable for publishing false information that causes harm, while permitting anonymous public presentation of content when the user's verified identity is on file with the platform, thereby promoting both truth and the protection of property rights without eliminating the ability to post anonymously;

(14) users of platforms retain ownership of their content unless they sell such content to the platform for monetary consideration, and both natural persons and legal entities have property rights in their content, identity, image, and likeness;

(15) powerful entities, influencers, and persons of public prominence have substantial impact on public discourse and must be held accountable for the accuracy of factual statements they publish, and citizens must have effective mechanisms to compel corrections when false statements harm their reputations;

(16) findings by the Information and Technology Courts that content is false or violates this chapter serve the interests of justice by providing admissible evidence in related proceedings, including defamation actions, thereby streamlining the pursuit of remedies for harm to reputation;;

(17) protecting truth in digital media enhances rather than restricts free speech by ensuring that speech is informed, reliable, and trustworthy, thereby increasing the value and substance of public discourse;;

(18) just as the right to free speech does not protect a person who falsely shouts "fire" in a crowded theater and causes a panic, as recognized by the Supreme Court of the United States in Schenck v. United States, 249 U.S. 47 (1919), and as false statements of fact that cause identifiable harm—including defamation, fraud, and false statements integral to criminal conduct—have never been afforded full First Amendment protection, the publication of false information presented as true on Internet-accessible systems that causes harm to the content, identity, image, likeness, reputation, safety, or economic interests of persons is not constitutionally protected speech, and the state has a compelling interest in providing mechanisms for the correction of such false information and the protection of its citizens from such harm.

(19) the purpose of this chapter is not to censor or restrict speech based on viewpoint, ideology, or offensiveness, but to protect the property rights of persons in their content, identity, image, and likeness (CIIL) and to provide narrowly tailored mechanisms for the correction of false statements of fact and the removal of CIIL used without consent or compensation;

(20) nothing in this chapter prohibits any person from expressing offensive, derogatory, indecent, cruel, or otherwise distasteful opinions about any person, group, or idea; such expressions, however repugnant, remain protected opinion so long as they do not constitute false statements of fact, threats, fraud, or other speech that is unprotected under the First Amendment to the United States Constitution or Article I, Section 8, Texas Constitution;

(21) protecting a person's property rights in their CIIL in digital spaces is consistent with longstanding principles that prohibit the taking or conversion of another's property without consent and just compensation, and does not diminish any person's right to speak, publish, or access ideas, information, or opinions;

(22) the mechanisms created by this chapter for identity verification, correction requests, and removal requests are intended to enable accountability for the use and misuse of CIIL and false statements of fact, not to impose prior restraints on speech or to license or pre-approve content;

(23) false statements of fact have historically received reduced First Amendment protection, particularly where they cause harm to reputation, property, or safety, and requiring correction or removal of specific statements judicially determined to be false enhances, rather than diminishes, the informational value and integrity of public discourse;

(24) no person has a constitutional right to continue publishing a specific factual assertion as true after a court of competent jurisdiction has determined, on the basis of competent evidence of truth, that the assertion is false;

(25) the nonconsensual publication and continued dissemination of sexually explicit or other intimate CIIL depicting a person, including through fabricated or AI-generated media, constitutes a severe invasion of privacy, a misuse of that person's property, and a form of coercive control, and the state has a compelling interest in providing prompt and effective mechanisms for removal of such material; and

(26) the identity verification requirements of this chapter are designed to enable the tracing of responsibility for the creation and use of CIIL and false statements of fact, while still protecting the ability of users to publish content pseudonymously or anonymously for public viewing, and are not intended to eliminate anonymous public speech but to ensure that every publisher of content can be held accountable through lawful process when they infringe the rights of others.

(27) minors are uniquely vulnerable to the harmful effects of false information, identity manipulation, fabricated media, and sexually explicit material on Internet-accessible systems, and the state has a compelling interest in providing enhanced protections for minors that supplement federal protections under the Children's Online Privacy Protection Act (15 U.S.C. § 6501 et seq.), the TAKE IT DOWN Act (Pub. L. 119-16), and 18 U.S.C. §§ 2251-2256;

(28) parents and guardians have a fundamental constitutional right to direct the upbringing, care, custody, and control of their children, as recognized by the Supreme Court of the United States in Troxel v. Granville, 530 U.S. 57 (2000), Meyer v. Nebraska, 262 U.S. 390 (1923), and Pierce v. Society of Sisters, 268 U.S. 510 (1925), and this fundamental right includes the right to manage and protect a minor's content, identity, image, and likeness in the digital environment;

(29) the identity verification requirements of this chapter, when applied to minors, serve the dual purpose of protecting the minor's CIIL and ensuring that platforms, law enforcement, and parents can identify and respond to threats to minors, including predatory conduct, exploitation, and the nonconsensual use of a minor's CIIL;

(30) sexually explicit likeness material depicting a minor is inherently harmful, is not protected speech under the First Amendment or the Texas Constitution, and is criminal under federal law regardless of whether the material was created with or without the consent of any person, and the state has a compelling interest in ensuring the immediate removal of such material and the referral of such conduct to law enforcement; and

(31) the parental consent and verification requirements of this chapter for minors are designed to reinforce and strengthen — not replace or diminish — the protections provided by the Children's Online Privacy Protection Act, the Texas Securing Children Online through Parental Empowerment Act (Chapter 509, Business and Commerce Code), and other federal and state laws that protect minors online, and to empower parents with additional tools to protect their children's CIIL in the digital environment.

(b) The purpose of this chapter is to:

(1) promote the dissemination of truthful and accurate information on the Internet;

(2) protect persons, places, and property from the harmful effects of false factual statements published on Internet-accessible systems;

(3) establish that the determination of content as opinion, theory, assumption, or interpretation, as demonstrated under the totality of the circumstances, serves as a defense to actions for false statements of fact under this chapter;

(4) establish a correction request process by which any person may seek the correction of false factual information published on an Internet-accessible system and a removal request process by which any person may seek the removal of their content, identity, image, or likeness from a covered system;

(5) create a specialized judicial body to adjudicate disputes under this chapter;

(6) provide expedited civil procedures for removal of sexually explicit likeness abuse material and fabricated media depicting persons that supplement existing criminal and civil remedies, including remedies under the federal TAKE IT DOWN Act;

(7) protect persons whose content, identities, images, or likenesses have been wrongfully manipulated, altered, or otherwise disseminated without their consent;

(8) ensure that individuals have the right to have sexually explicit material depicting themselves removed from the Internet upon request, recognizing that consent given at one time does not constitute perpetual consent and that such material causes ongoing harm to the depicted person;

(9) establish property rights in personal content, identity, image, and likeness for both natural persons and legal entities, requiring consent and compensation for commercial use;

(10) protect the privacy of Texas residents by requiring express consent and fair compensation for personal data collection;

(11) require verified identity of all users of covered systems to enable accountability and protect property rights, while permitting anonymous public posting when verified identity is on file;

(12) establish that users retain ownership of their content unless sold to platforms for monetary consideration;

(13) hold powerful entities, influencers, and persons of public prominence accountable for the truth and accuracy of factual statements they publish;

(14) provide citizens with effective tools to compel corrections of false statements that harm their reputations and to seek removal of their content, identity, image, or likeness, and to hold publishers of false information accountable;

(15) facilitate the use of court findings under this chapter as evidence in related proceedings, including defamation actions;;

(16) enhance the value and substance of free speech by promoting truthful, accurate, and reliable public discourse; and

(17) protect minors from the harmful effects of false information, identity manipulation, fabricated media, and sexually explicit material on Internet-accessible systems by establishing parental custodianship of minors' CIIL, requiring parental verification for minor users, providing enhanced protections for sexually explicit material depicting minors, and reinforcing the fundamental rights of parents to manage and protect their children's digital presence.

Sec. 122.003. DEFINITIONS.

In this chapter:

(1) "Content, identity, image, and likeness" or "CIIL" means the collective property interest of a natural person or legal entity in (A) the content that person or entity creates, publishes, or causes to be published; (B) the identity of that person or entity as defined by Paragraph (11); (C) the image or likeness of that person or entity as defined by Paragraph (12); and (D) any combination thereof. CIIL constitutes personal property for purposes of this chapter.

(2) "Competent evidence of truth" means evidence described by Paragraph (21) that is sufficient for a reasonable person to conclude that the reality conveyed by a statement, image, video, audio, or other content corresponds to actual persons, places, things, and events.

(3) "Content" means any text, image, audio, video, or other media published or made accessible on a covered system, including any article, post, comment, statement, report, graphic, photograph, audio recording, video recording, or any combination thereof, whether original, edited, or AI-generated. Content includes both factual statements and opinion.

(4) "Content creator" means a natural person or entity that creates, publishes, or causes to be published content on a covered system. The term includes owners, operators, users, contributors, commenters, and any person or entity exercising editorial control over content.

(5) "Correction request" means a written submission by a person to an owner or operator, or to a user, identifying specific content on a covered system that the person asserts contains a false statement of fact and requesting that the content be corrected, removed, or replaced.

(6) "Covered system" means any website, server, application, database, or other Internet-connected system or service that is accessible to the public or to a defined group of users and through which content is published, disseminated, or made accessible. The term includes but is not limited to websites, web applications, APIs, mobile applications, and cloud-based services. The term does not include:
(A) a system operated exclusively for personal, family, or household purposes;
(B) a system operated by a religious organization exclusively for communicating matters of faith, doctrine, or religious opinion; or
(C) an Internet service provider, to the extent the provider merely provides access to or transmission of content without exercising editorial control.

(7) "Entity" means a natural person, corporation, limited liability company, partnership, association, government body, or any other legal person. Both natural persons and legal entities have property rights in their CIIL under this chapter.

(8) "Fabricated media" means any image, audio, video, or other media content that:
(A) depicts a person or entity doing, saying, or behaving in a manner that the person or entity did not actually do, say, or behave;
(B) has been created, edited, or altered through digital manipulation, artificial intelligence, or other technological means to falsely represent the person's or entity's actions, statements, appearance, voice, or behavior; or
(C) has been generated or synthesized by artificial intelligence or other means to create a false representation of a person or entity.

(9) "Factual statement" means a statement that purports to describe an objective condition, event, circumstance, or characteristic of a person, place, or thing that is capable of being verified as true or false through competent evidence of truth.

(10) "False statement of fact" means a factual statement that is not a "true statement" as defined by Paragraph (21), as determined by a preponderance of the evidence.

(11) "Identity" means the name, pseudonym, online handle, biometric identifier, or other unique personal identifier of a natural person or legal entity.

(12) "Image or likeness" means any visual, audio, or audiovisual representation by which a natural person or legal entity is identifiable, including a photograph, video, audio recording of the person's voice, avatar, logo, trademark, trade dress, or digital representation.

(13) "Information and Technology Court" means a court established under Subchapter D of this chapter.

(14) "Opinion" means a statement that expresses a subjective belief, interpretation, theory, assumption, viewpoint, or value judgment that is not capable of being objectively verified as true or false. A person stating their own subjective beliefs, interpretations, assumptions, or value judgments is making a truthful statement about what they believe or assume, which is protected opinion. Whether a statement constitutes opinion is determined by the totality of the circumstances, including the language used, the context in which it appears, and whether a reasonable person would understand it as a statement of fact or an expression of personal belief.

(15) "Owner or operator" means an entity that owns, operates, or manages a covered system. The term includes individual content creators, bloggers, influencers, and other natural persons who publish content accessible to residents of this state through a covered system.

(16) "Person" has the meaning assigned by Section 311.005, Government Code.

(17) "Personal data collection" means any act of collecting, recording, tracking, profiling, or otherwise processing information, including metadata and behavioral data, that can reasonably be linked to an identified or identifiable natural person. The term does not include:
(A) information necessary to complete a specific transaction requested by the person;
(B) information necessary to verify the identity of a person as required by this chapter or other law;
(C) information necessary to comply with legal obligations, including tax reporting, law enforcement requests, or court orders;
(D) information necessary to provide the core functionality of a service that the person has expressly requested; or
(E) aggregated or de-identified data that cannot reasonably be linked to an identified or identifiable natural person.

(18) "Personal or private image" means an image, audio, or video of a person captured or disclosed in circumstances in which the person had a reasonable expectation of privacy, including in a private residence, private space, private communication, or where the content was shared with an expectation of limited distribution.

(19) "Removal request" means a written submission by a person to an owner or operator, or to a user, requesting the removal of content containing that person's CIIL from a covered system.

(20) "Sexually explicit likeness material" means any visual depiction, including any photograph, video, film, or digitally or computer-generated image, whether made or produced by electronic, mechanical, or other means, that depicts a person engaging in sexual conduct or with the person's intimate parts exposed, regardless of whether the material was created with the depicted person's initial consent.

(21) "True statement" or "True content" means a statement, image, video, audio, or other content that accurately and comprehensively conveys, or without any alteration or AI manipulation displays, the actual reality of the persons, places, things, and events being depicted, shown, or described, such that upon encountering the content, a reasonable person comes to know what actually occurred or exists. Truth is demonstrated by competent evidence including:
(A) witness testimony from persons with direct knowledge;
(B) original, unaltered photographs, videos, or audio recordings that have not been edited, manipulated, or synthesized by artificial intelligence or other technological means;
(C) physical evidence or contemporaneous documentation;
(D) repeatable experiments or demonstrations; or
(E) other evidence admissible under the Texas Rules of Evidence.

(22) "Transaction data" means the minimum information necessary to complete a specific commercial transaction requested by a person, including payment information, shipping address, and contact information for fulfillment of the transaction.

(23) "User" means a natural person, corporation, or other legal entity that accesses, interacts with, creates content on, publishes content on, comments on, or otherwise uses a covered system. The term includes but is not limited to content creators, commenters, contributors, and any person who publishes any form of content on a covered system.

(24) "User-generated content ownership" means the property right held by a user in content the user creates or publishes on a platform. Users retain full ownership of their content unless the user sells the content to the platform or another entity for monetary consideration pursuant to a written agreement specifying the transfer of ownership.

(25) "Verified identity" means the confirmed identity of a user, established through government-issued identification, biometric verification, or other reliable means as specified by rules adopted under this chapter. A user whose identity has been verified may publish content under a pseudonym or anonymously for public viewing, but the verified identity must be on file with the owner or operator of the covered system and must be disclosed to the court upon proper legal process.

(26) "Minor" means a natural person who has not attained the age of 18 years.

(27) "Parent or guardian" means a natural person who is a parent, legal guardian, managing conservator, or other person having legal custody or control of a minor under the laws of this state, including Chapter 153, Family Code. Where both parents have legal rights to manage a minor's affairs under the laws of this state, both parents shall have equal rights under this chapter unless a court order provides otherwise.

(28) "Minor's CIIL custodian" means the parent or guardian who has authority to manage, protect, and exercise rights over a minor's CIIL under this chapter.

Sec. 122.004. APPLICABILITY.

(a) This chapter applies to any owner or operator that:

(1) owns, operates, or manages a covered system that is accessible to residents of this state; and

(2) publishes, creates, or exercises editorial control over content on the covered system.

(b) For purposes of this chapter, accountability for content is allocated as follows:

(1) An owner or operator is directly accountable under Subchapters B and C for all first-party content—that is, content the owner or operator itself creates, publishes, or exercises editorial control over.

(2) For user-generated content published on a platform operated by an owner or operator, the user who created or published the content is the primarily accountable party and retains ownership of the content unless the user has sold the content to the platform for monetary consideration. The owner or operator is accountable for user-generated content only to the extent provided in Subchapter C-1. However, if an owner or operator purchases user-generated content for monetary consideration and subsequently publishes or makes that content publicly accessible on the owner's or operator's covered system, the owner or operator assumes direct accountability for the truth and accuracy of that content as though it were first-party content under Subchapters B and C.

(3) Nothing in this chapter shall be construed to impose liability on an interactive computer service for information provided by another information content provider, as those terms are defined in 47 U.S.C. Section 230(f), except to the extent the owner or operator fails to comply with the platform obligations established in Subchapter C-1 or Subchapter C-3.

(c) Internet service providers, hosting services, and domain registrars are obligated to comply with court orders issued under this chapter requiring suspension of public access to covered systems.

(d) Both natural persons and legal entities, including corporations, partnerships, associations, and other legal persons, have property rights in their CIIL under this chapter and are entitled to the protections and remedies provided herein.

(e) The obligations and protections of this chapter, including identity verification, correction requests, removal requests, CIIL protections, and enforcement remedies, apply to owners, operators, users, and all other persons who create, publish, or interact with content on covered systems, unless a specific provision expressly limits its application.

Sec. 122.005. IDENTITY VERIFICATION REQUIREMENT.

(a) An owner or operator of a covered system shall require verified identity for all users who access, interact with, create content on, publish content on, comment on, or otherwise use the covered system in any manner that involves the creation, publication, or submission of content, including comments, posts, replies, reviews, uploads, or any other form of user-generated contribution.

(b) An owner or operator of a covered system shall itself maintain a verified identity on file with the domain registrar or hosting service through which the covered system is made accessible, and shall make such verified identity available to the court upon proper legal process.

(1) government-issued photographic identification;

(2) biometric verification;

(3) notarized affidavit of identity; or

(4) other reliable means as specified by rules adopted by the Office of Court Administration under this chapter.

(d) An owner or operator shall maintain records of verified identities for all users for a period of not less than seven years.

(e) A user whose identity has been verified under this section may:

(1) publish content under their legal name;

(2) publish content under a pseudonym or online handle; or

(3) publish content anonymously for public viewing.

(f) The verified identity of a user shall be disclosed only:

(1) to a court pursuant to a subpoena, court order, or other lawful legal process in a proceeding under this chapter or in a related civil or criminal proceeding;

(2) to law enforcement pursuant to a valid search warrant or court order;

(3) to the user upon the user's request; or

(4) as otherwise required by law.

(g) An owner or operator that fails to require and maintain verified identity as required by this section is subject to:

(1) a civil penalty of not less than $1,000 and not more than $10,000 per violation; and

(2) injunctive relief under Section 122.202.

(h) This section does not require public disclosure of a user's verified identity and does not prohibit anonymous or pseudonymous publication of content. The purpose of identity verification is to ensure that every person who publishes content on a covered system can be identified and held accountable through proper legal process, and that every person's CIIL is protected as their property.

(i) The verified identity requirement under this section enables:

(1) protection of the user's property rights in their CIIL;

(2) protection of the owner's or operator's property rights in the covered system and its content;

(3) accountability of all users for false statements of fact published under this chapter; and

(4) enforcement of remedies provided in this chapter.

(j) Identity Verification for Minors.

(1) A minor who seeks to use a covered system must be verified through the verified identity of the minor's parent or guardian.

(2) The parent or guardian shall:

(A) verify their own identity under Subsection (c);

(B) provide identifying information for the minor, including the minor's name and date of birth;

(C) attest that they are the minor's parent or guardian and that they have legal authority to act on behalf of the minor; and

(D) consent to the minor's use of the covered system.

(3) The owner or operator shall flag the minor's account as a minor account in its internal records.

(4) The verified identity records for a minor shall include the identity of both the minor and the parent or guardian who verified the account.

(5) The requirements of this subsection are consistent with and supplemental to the parental consent requirements of the Children's Online Privacy Protection Act (15 U.S.C. § 6501 et seq.) and the Texas Securing Children Online through Parental Empowerment Act (Chapter 509, Business and Commerce Code).

(k) Minor Status Notification to Platform.

(1) Upon completion of identity verification under Subsection (j), the owner or operator shall treat the account as a minor account for all purposes under this chapter and any other applicable law, including Chapter 509, Business and Commerce Code.

(2) The minor account designation shall remain in effect until the minor attains the age of 18 and completes independent identity verification under Subsection (l).

(3) An owner or operator that has designated an account as a minor account shall apply all protections required by this chapter for minors, including but not limited to the enhanced protections under Sections 122.064, 122.062(g), and 122.174C.

(l) Transition to Adult Verification.

(1) Upon attaining the age of 18, a user whose account was designated as a minor account shall complete independent identity verification under Subsection (c) to continue using the covered system.

(2) Upon successful independent verification, full control of the user's CIIL rights, account, and all associated property rights under this chapter shall transfer to the user, and the parent's or guardian's custodial authority under this chapter shall terminate.

(3) Any consent previously given by the parent or guardian for the use of the individual's CIIL remains in effect until revoked by the individual.

(m) Parental Access and Control.

(1) A parent or guardian who verifies a minor's account under Subsection (j) shall have the right to:

(A) access and review the minor's account activity, content, and interactions on the covered system;

(B) submit correction requests and removal requests on behalf of the minor under Subchapters C, C-1, and C-3;

(D) revoke consent for the minor's use of the covered system at any time, upon which the owner or operator shall disable the minor's account not later than five business days after receipt of the revocation; and

(E) request deletion of the minor's account and all associated data, subject to any data retention requirements under this chapter or other law.

(2) Where both parents have legal rights to manage a minor's affairs under the laws of this state, including Chapter 153, Family Code, both parents shall have equal rights under this subsection, unless a court order provides otherwise.

(3) In the event of a dispute between parents regarding the exercise of rights under this subsection, either parent may petition the appropriate court for resolution.

Sec. 122.006. FALSE STATEMENTS REGARDING AGE OR MINOR STATUS.

(a) A person commits a violation of this chapter if the person knowingly makes a false statement regarding age or minor status during the identity verification process under Section 122.005, including:

(1) representing that a minor is 18 years of age or older;

(2) representing that a person who is 18 years of age or older is a minor;

(3) representing oneself as a minor's parent or guardian when the person does not have legal authority over the minor; or

(4) providing false identification documents or information for the purpose of circumventing the age or identity verification requirements of this chapter.

(b) A violation of Subsection (a)(1) or (a)(4) by an adult for the purpose of accessing, communicating with, or obtaining the CIIL of a minor is subject to:

(1) enhanced civil penalties of not less than $10,000 and not more than $50,000 per violation;

(2) referral to law enforcement for criminal investigation; and

(3) immediate and permanent suspension of the violator's accounts on all covered systems, upon court order.

(1) civil penalties of not less than $5,000 and not more than $25,000 per violation;

(2) referral to law enforcement if the false representation was made with intent to harm, exploit, or gain access to the minor; and

(3) any other remedies available under this chapter and applicable law.

(d) A parent or guardian who knowingly provides false information to circumvent the minor protections of this chapter, including falsely representing a minor as an adult to avoid parental verification requirements, is subject to:

(1) civil penalties of not less than $1,000 and not more than $10,000 per violation; and

(2) potential investigation by the Department of Family and Protective Services if the conduct constitutes a risk to the minor's safety or welfare.

(e) A minor who provides false age information to access a covered system is not subject to civil penalties under this chapter, but the minor's parent or guardian shall be notified by the owner or operator, and the minor's access to the covered system shall be suspended until proper verification is completed under Section 122.005(j).

(f) This section does not create criminal penalties but provides for civil remedies and law enforcement referral. Nothing in this section limits criminal prosecution under applicable federal or state law for identity fraud, false statements, or offenses related to the exploitation of minors.

ARTICLE 2. TRUTH AND IDENTITY REQUIREMENTS

SUBCHAPTER B. CONTENT ACCURACY AND OPINION DEFENSE

Sec. 122.051. DUTY OF ACCURACY.

(a) An owner or operator shall exercise reasonable diligence to ensure that factual statements published on the covered system constitute true statements as defined by Section 122.003(21).

(b) "Reasonable diligence" under this section means the exercise of care that a reasonably prudent entity would undertake under the circumstances to verify the accuracy of factual statements before publication through competent evidence of truth, including:

(1) consulting authoritative and reliable sources;

(2) seeking corroboration of factual claims from multiple independent sources where practicable;

(3) employing qualified personnel or editorial processes to review content for accuracy;

(4) verifying that images, videos, and audio recordings have not been edited, manipulated, or generated by artificial intelligence in a manner that misrepresents reality; and

(5) promptly correcting factual statements that are subsequently determined to be inaccurate.

(1) exercised reasonable diligence before publication and promptly corrects any inaccuracy upon discovery; or

(2) publishes content that constitutes opinion as determined under Section 122.052, which serves as a defense to any claim of false statement of fact under this chapter.

(d) This section applies with particular force to owners, operators, and users who are persons of public prominence, influencers, or entities with substantial reach or impact on public discourse, who bear heightened responsibility for the accuracy of factual statements they publish.

Sec. 122.052. DETERMINATION OF OPINION.

(a) This section establishes how content is determined to constitute opinion, theory, assumption, or interpretation for purposes of the affirmative defense under Section 122.205 and for the resolution of correction requests, removal requests, and court proceedings under this chapter. Nothing in this section requires an owner, operator, or user to proactively label or mark content as opinion or fact prior to or at the time of publication.

(b) In determining whether content constitutes opinion rather than a factual statement, the court or reviewing party shall consider the totality of the circumstances, including but not limited to:

(1) the specific language and wording of the content, including whether the content contains language such as "OPINION," "EDITORIAL," "COMMENTARY," "THEORY," "ASSUMPTION," "INTERPRETATION," or similar labels;

(2) whether the content appears in a section of the covered system designated for opinion or commentary;

(3) whether the content includes language signaling opinion, such as "I believe," "In my opinion," "I think," "It seems to me," "I assume," or similar commonly understood expressions of subjective belief, whether in written text, spoken word, captions, or any other format; and

(4) any other contextual indicator that would cause a reasonable person to understand that the content expresses subjective opinion rather than asserting objective fact, including the medium, forum, and manner of publication.

(c) A person sharing their subjective beliefs, interpretations, assumptions, or value judgments is truthfully stating what they believe or assume, and such statements constitute protected opinion, not false statements of fact. Whether a statement constitutes opinion is determined by the totality of the circumstances, including the language and wording of the statement, the context in which it was made, the medium and forum of publication, and whether the statement is capable of being proven true or false through competent evidence of truth.

(d) A statement that is not capable of being objectively verified as true or false through competent evidence of truth is not subject to the accuracy requirements of this chapter and is presumptively opinion.

(e) Content that is obviously satirical, parodic, or constitutes social commentary, political opinion, or artistic expression is presumptively protected opinion.

(f) The requirements of this section are not intended to impose an unreasonable burden on users who post comments, replies, or other informal user-generated content. For user-generated content, including comments and replies, the determination of whether content constitutes opinion or a factual statement is relevant only in the context of a correction request, removal request, or court proceeding under this chapter.

Sec. 122.053. PROACTIVE CONTENT MANAGEMENT.

(a) An owner or operator shall establish and maintain reasonable procedures and practices to proactively manage the content of its covered system to ensure compliance with Section 122.051.

(b) Reasonable procedures and practices under this section include:

(1) periodic review and audit of published content for accuracy;

(2) designation of one or more qualified persons responsible for content accuracy oversight;

(3) adoption of a written content accuracy policy that is made publicly available;

(4) implementation of technology tools, where reasonably available and economically feasible, to detect potentially inaccurate content, including AI-generated or AI-edited images, videos, and audio;

(5) provision of a correction or removal mechanism that allows users and visitors to inform the owner or operator that information is incorrect, that CIIL is being used without authorization, or to submit competent evidence of truth for the owner or operator to use in correcting content appropriately; and

(6) maintenance of verified identity records for all users in compliance with Section 122.005.

(c) An owner or operator shall maintain records of its content management activities under this section for a period of not less than three years.

Sec. 122.054. PROTECTION OF IDENTITY—FABRICATED MEDIA.

(a) An owner, operator, or user may not publish or permit to remain published on a covered system fabricated media containing the CIIL of another person or entity without the consent of the person or entity whose CIIL is depicted.

(b) Notwithstanding Subsection (a), an owner, operator, or user who publishes fabricated media containing the CIIL of another person or entity without consent is subject to the following:

(1) Upon receipt of a request from the depicted person or entity that fabricated media containing their CIIL be removed, the owner, operator, or user shall remove or disable public access to the fabricated media, or edit the content to remove the depicted person's or entity's CIIL, within five business days of receipt of the request.

(2) If the depicted person or entity does not request removal, no action is required under this subsection. However, the owner, operator, or user remains subject to civil liability under Subchapter E if the fabricated media contains false statements of fact about the depicted person or entity.

(c) Fabricated media that constitutes sexually explicit likeness material may not be published on any covered system without the express written consent of the depicted person. Sexually explicit fabricated media is governed exclusively by Subchapter C-3, and no exception under this section applies to sexually explicit fabricated media.

(d) This section does not apply to:

(1) content that constitutes parody, satire, or caricature and is clearly identifiable as such by a reasonable person considering the totality of the circumstances, including contextual cues within the content itself; or

(2) content published for legitimate law enforcement, national security, or public safety purposes.

(e) The obligations of this section apply equally to owners, operators, and users.

Sec. 122.056. PERSONAL OR PRIVATE IMAGE REMOVAL.

(a) An owner, operator, or user may not publish or permit to remain published a personal or private image of a person without that person's authorization.

(b) Upon receipt of a request from the depicted person, the owner, operator, or user shall remove or disable access to the personal or private image within 15 business days.

(1) bona fide news reporting of matters of public concern;

(2) lawful public-event photography where the depicted person has no reasonable expectation of privacy;

(3) images of public officials or elected officers performing official duties in their official capacity, provided that images of public officials or elected officers in their personal, private, or family life are not excepted and remain subject to the protections of this section;

(4) documentary, educational, or historical content where the public interest in the content outweighs the privacy interest; or

(5) other content protected by the First Amendment to the United States Constitution or Article I, Section 8 of the Texas Constitution.

(d) Sexually explicit likeness material is governed exclusively by Subchapter C-3, and the timelines and remedies under Subchapter C-3 apply.

(e) The obligations of this section apply equally to owners, operators, and users.

Sec. 122.057. PARTIAL REMOVAL OR EDITING OF CONTENT.

(a) When this chapter requires an owner, operator, or user to remove or disable public access to content that depicts or identifies a particular person, compliance may be achieved, at the election of the owner, operator, or user and subject to any applicable court order, by:

(1) editing or redacting the content so that the requesting person is no longer depicted or identifiable; or

(2) removing or disabling public access to the content in its entirety.

(b) An edit or redaction under Subsection (a)(1) must remove all depictions and identifying references to the requesting person from the content that remains publicly accessible.

(c) Nothing in this section limits the right of a court to order full removal of content where partial editing would be insufficient to prevent ongoing harm.

Sec. 122.055. AI-GENERATED OR FABRICATED MEDIA—PRESUMPTION OF FALSITY.

(a) Content that portrays events, actions, statements, voices, appearances, or characteristics of real persons, entities, places, or things that a reasonable person would conclude did not actually occur or exist as portrayed, as demonstrated by competent evidence of truth showing the absence of corresponding real-world persons, places, things, or events, or showing alteration or fabrication of images, videos, or audio, is presumptively a false statement of fact.

(b) Examples include, but are not limited to:

(1) AI-generated or AI-edited videos or images depicting events that have no corresponding original, unaltered media evidence;

(2) fabricated witness testimony contradicted by competent evidence of truth;

(3) synthetic audio of statements a person did not make, absent original recordings;

(4) images or videos edited by AI to alter the appearance, actions, or statements of a person or entity;

(5) deep-fake videos or audio that falsely depict a person saying or doing something they did not say or do; or

(6) AI-generated text falsely attributed to a specific person or entity.

(c) The presumption under Subsection (a) may be rebutted only by competent evidence of truth demonstrating the portrayed reality actually occurred or exists as depicted.

(d) Original, unaltered photographs, videos, and audio recordings shall be given substantially greater weight than AI-generated or AI-edited versions when determining what actually occurred or exists.

SUBCHAPTER B-1. CONTENT, IDENTITY, IMAGE, AND LIKENESS AS PERSONAL PROPERTY

Sec. 122.061. PROPERTY RIGHTS IN CONTENT, IDENTITY, IMAGE, AND LIKENESS (CIIL).

(a) A natural person's content, identity, image, and likeness constitute that person's personal property for purposes of this chapter when used on Internet-accessible systems and in public media accessible in this state. This includes content created by the person and published on any covered system, the person's identity, the person's image and likeness, and any combination thereof.

(b) A legal entity's content, identity, image, and likeness, including its name, logo, trademark, trade dress, website, server content, and other identifying characteristics, constitute that entity's property for purposes of this chapter when used on Internet-accessible systems and in public media accessible in this state.

(c) An entity may not use a person's or legal entity's CIIL on a covered system for commercial advantage, advertising, promotion, or monetization unless:

(1) the entity obtains the person's or legal entity's express written consent describing the intended use; and

(2) the entity provides direct monetary payment to the person or legal entity, not in the form of store credit, discounts, or other in-kind consideration, in the amount and on the terms disclosed to and accepted by the person or legal entity.

(d) Consent under Subsection (c) is revocable at will by the person or legal entity, and revocation terminates the right to any further use of the person's or legal entity's CIIL under this chapter, subject to any court order entered under Subchapter E.

(e) A person or legal entity who publishes their own CIIL on a covered system they own or operate retains all property rights in such CIIL. The person's or legal entity's publication of their own CIIL on one covered system does not:

(1) grant any property right or license to any other owner or operator of a different covered system;

(2) constitute consent to the use of the person's or legal entity's CIIL by any other entity; or

(3) diminish the person's or legal entity's right to require removal of their CIIL from covered systems owned or operated by others.

(f) This section does not apply to:

(1) bona fide news reporting, documentary, educational, or historical uses of a person's or legal entity's CIIL concerning matters of public concern; or

(2) uses otherwise protected by the First Amendment to the United States Constitution or Article I, Section 8, Texas Constitution.

Sec. 122.064. CIIL RIGHTS OF MINORS — PARENTAL CUSTODIANSHIP.

(a) A minor has the same property rights in their CIIL as any natural person under this chapter. The minor's CIIL is the minor's personal property.

(b) Until a minor attains the age of 18, the minor's parent or guardian shall serve as the minor's CIIL custodian, with authority to:

(1) exercise all rights under Sections 122.061, 122.062, 122.063, and Subchapter C-3 on behalf of the minor;

(2) consent to or withhold consent for the use of the minor's CIIL by any entity;

(3) revoke any consent previously given for the use of the minor's CIIL;

(4) file correction requests and removal requests on behalf of the minor; and

(5) initiate civil actions under Subchapter E on behalf of the minor.

(c) Where both parents have legal rights to manage a minor's affairs under the laws of this state, either parent may exercise the rights described in Subsection (b), unless a court order provides otherwise. In the event of a dispute between parents regarding the exercise of rights under this section, either parent may petition the appropriate court for resolution.

(d) No entity may obtain consent for the use of a minor's CIIL directly from the minor. Consent for the use of a minor's CIIL must be obtained from the minor's parent or guardian.

(e) Upon attaining the age of 18, the individual assumes full control and authority over their CIIL, and the parental custodianship under this section terminates. Any consent previously given by the parent or guardian for the use of the individual's CIIL remains in effect until revoked by the individual.

(f) A minor's CIIL may not be sold, licensed, or transferred by a parent, guardian, or any other person. The prohibition in this subsection is absolute and may not be waived by contract, agreement, or any other means.

(g) The fundamental right of parents to direct the upbringing, care, and custody of their children, as recognized by the Supreme Court of the United States in Troxel v. Granville, 530 U.S. 57 (2000), includes the right to manage and protect the minor's CIIL in the digital environment.

Sec. 122.065. PERSONAL DATA AS DIGITAL EFFECTS.

(a) For purposes of this chapter, personal data that can reasonably be linked to an identified or identifiable natural person, including behavioral and interaction data generated by the person's use of Internet-accessible systems, is treated as part of that person's digital effects, analogous to the person's property rights in their content, identity, image, and likeness (CIIL).

(b) Personal data may not be collected, monetized, or otherwise used for commercial advantage by an owner, operator, or other entity without the person's express consent and fair compensation as provided by Section 122.062.

Sec. 122.062. DEFAULT PROHIBITION ON PERSONAL DATA COLLECTION.

(a) The default rule for all owners or operators of covered systems, Internet service providers, hosting services, and other entities that control Internet access for residents of this state is that they may not collect personal data regarding any natural person using or accessing their services.

(b) An entity may collect personal data about a person only if, before any collection occurs:

(1) the entity provides to the person a written disclosure that:
(A) specifically describes each category of personal data to be collected;
(B) states the monetary amount the entity is willing to pay the person for each discrete instance or category of collection; and
(C) states the purposes for which the data will be used and any categories of third parties to whom it will be disclosed; and

(2) the person provides express written consent that affirmatively accepts the disclosure and price terms.

(c) Payment under this section must be made directly to the person in money or immediately redeemable funds and may not be satisfied by credits, discounts, or other in-kind consideration.

(d) A person may revoke consent provided under this section at any time by written notice, and the entity shall cease all further personal data collection regarding that person not later than 10 business days after receipt of the revocation.

(e) This section does not apply to:

(1) transaction data necessary to complete a specific transaction requested by the person;

(2) information necessary to verify the identity of a person as required by Section 122.005 or other law;

(3) information necessary to comply with legal obligations, including tax reporting, law enforcement requests, or court orders;

(4) information necessary to provide the core functionality of a service that the person has expressly requested; or

(5) aggregated or de-identified data that cannot reasonably be linked to an identified or identifiable natural person.

(f) An entity that collects personal data without complying with this section is in violation of this chapter and subject to the remedies in Subchapter E.

(g) Personal Data Collection from Minors.

(1) An entity may not collect personal data from a minor without the express written consent of the minor's parent or guardian, obtained in a manner consistent with the requirements of the Children's Online Privacy Protection Act (15 U.S.C. § 6501 et seq.) and Chapter 509, Business and Commerce Code.

(2) The consent required under this subsection is in addition to, and not a substitute for, any consent required under federal law, including the Children's Online Privacy Protection Act, or state law, including the Texas Securing Children Online through Parental Empowerment Act.

(3) A minor may not independently consent to the collection of personal data under this chapter.

(4) The disclosure, compensation, and revocation provisions of this section apply to the parent or guardian acting on behalf of the minor.

(5) An entity that collects personal data from a minor without parental consent as required by this subsection is in violation of this chapter and subject to enhanced civil penalties of not less than $5,000 and not more than $25,000 per violation, in addition to any penalties under federal or state law.

Sec. 122.063. GENERAL CIIL REMOVAL RIGHT.

(a) Except as provided by Subsection (d), upon receipt of a written request from a Texas resident or legal entity whose CIIL appears in content published on a covered system, an owner, operator, or user who published or controls the content shall, not later than the 30th day after the date of receipt:

(1) remove or disable public access to the content; or

(2) comply in the manner described by Section 122.057(a)(1).

(b) A request under this section must identify the specific content at issue by link or other locator and include sufficient information to permit the owner, operator, or user to confirm that the requester is the person or entity whose CIIL appears in the content.

(c) For content that also qualifies as personal or private image under Section 122.056, or sexually explicit likeness material under Subchapter C-3, the shorter timelines in those provisions control.

(d) This section does not apply to:

(1) bona fide news reporting of matters of public concern;

(2) images of public officials or public figures performing official duties or engaged in matters of legitimate public concern, provided that images of public officials or public figures in their personal, private, or family life are not excepted and remain subject to the protections of this section;

(3) lawful public-event photography where the depicted person has no reasonable expectation of privacy;

(4) documentary, educational, or historical content where the public interest clearly and substantially outweighs the requester's privacy interest; or

(5) other content clearly protected by the First Amendment to the United States Constitution or Article I, Section 8, Texas Constitution.

(e) The burden of establishing an exception under Subsection (d) rests with the owner, operator, or user who published or controls the content.

ARTICLE 3. CORRECTION AND REMOVAL REQUEST PROCESS—FIRST-PARTY CONTENT

SUBCHAPTER C. CORRECTION AND REMOVAL REQUESTS FOR FIRST-PARTY CONTENT

Sec. 122.101. CORRECTION OR REMOVAL MECHANISM.

(a) An owner or operator shall provide a publicly accessible correction or removal mechanism on its covered system through which any person may submit a correction request regarding false content or a removal request regarding unauthorized use of CIIL in first-party content.

(b) The correction or removal mechanism shall:

(1) be clearly and conspicuously accessible on each publicly accessible page of the covered system that contains content, by means of a visible link, button, icon, or other interface element that, when activated, opens or directs the user to the submission form and automatically associates the specific page or content with the submission, and may additionally be accessible from a dedicated page linked from the homepage;

(2) allow a person to submit a correction request or removal request in writing through an electronic form, electronic mail, or other reasonable electronic means;

(3) require the person submitting the request to provide:
(A) the specific content at issue, which may be automatically populated by the system when the mechanism on a specific page is activated, or may be provided manually by direct link or sufficient identifying information to locate the content;
(B) a clear statement explaining why the content is believed to contain a false statement of fact or to contain unauthorized use of the person's CIIL;
(C) identification of competent evidence of truth that demonstrates the reality of what actually occurred with respect to the persons, places, things, or events described in the content, or identification sufficient to demonstrate that the person's CIIL is being used without authorization; and
(D) the person's contact information for purposes of communication regarding the request; and

(4) provide an automated acknowledgment of receipt of the request to the person who submitted it.

Sec. 122.102. RESPONSE TO CORRECTION OR REMOVAL REQUEST.

(a) Upon receipt of a correction request or removal request regarding first-party content, an owner or operator shall:

(1) acknowledge receipt of the request not later than five business days after the date of receipt;

(2) conduct a good-faith investigation of the claims made in the request, reviewing the competent evidence of truth submitted; and

(3) provide a written response to the person who submitted the request not later than the 30th business day after the date of receipt.

(b) The written response under Subsection (a)(3) must:

(1) state whether the owner or operator has determined the content at issue to contain a false statement of fact or unauthorized use of the person's CIIL;

(2) if the owner or operator determines the content contains a false statement of fact, describe the corrective action the owner or operator has taken or will take and the timeline for that action;

(3) if the request is for removal of CIIL, state whether the owner or operator will comply with the removal request and the timeline for removal; and

(4) if the owner or operator determines the content does not contain a false statement of fact and does not constitute unauthorized use of CIIL, provide a reasoned explanation of the basis for that determination, including reference to the competent evidence of truth reviewed.

Sec. 122.103. CORRECTIVE ACTION FOR FIRST-PARTY CONTENT.

(a) If an owner or operator determines, whether through a correction request, removal request, or through its own content management processes, that first-party content on its covered system contains a false statement of fact, the owner or operator shall, not later than the 15th business day after the determination:

(1) remove or correct the false content;

(2) publish a correction notice in immediate proximity to the corrected content, or in place of the removed content, that:
(A) identifies the original false statement;
(B) provides the corrected information, specifically identifying the competent evidence of truth that establishes the reality of persons, places, things, and events; and
(C) references the admissible evidence supporting the correction; and

(3) make a reasonable attempt to notify any person or entity that has cited, shared, or linked to the false content, to the extent that such persons or entities are reasonably identifiable through standard web analytics or publicly available information.

(b) An owner or operator shall maintain a publicly accessible archive or log of corrections made under this section for a period of not less than three years.

Sec. 122.104. GOOD FAITH SAFE HARBOR FOR FIRST-PARTY CONTENT.

(a) An owner or operator that establishes and maintains the correction or removal mechanism required by this subchapter and that responds to correction requests and removal requests in good faith and in substantial compliance with this subchapter is not liable for civil enforcement under Subchapter E for the first-party content at issue, provided the owner or operator takes timely corrective action upon determining that the content contains a false statement of fact or unauthorized use of CIIL.

(b) Good faith under this section requires, at a minimum:

(1) acknowledging and investigating each correction request and removal request in compliance with Section 122.102;

(2) acting on the merits of the request without regard to the identity or status of the person submitting the request; and

(3) taking corrective action promptly upon determining the content contains a false statement of fact or unauthorized use of CIIL.

ARTICLE 4. USER-GENERATED CONTENT—PLATFORM OBLIGATIONS AND USER ACCOUNTABILITY

SUBCHAPTER C-1. USER-GENERATED CONTENT ON PLATFORMS

Sec. 122.121. DEFINITIONS FOR SUBCHAPTER.

In this subchapter:

(1) "Platform" means a covered system operated by an owner or operator that permits users to create, upload, post, or share user-generated content that is accessible to other users or the public.

(2) "User" has the meaning assigned by Section 122.003(23).

(3) "User-generated content" means content created, uploaded, posted, or shared by a user on a platform, over which the owner or operator of the platform does not exercise direct editorial control prior to publication. The user retains ownership of user-generated content unless the user sells the content to the platform or another entity for monetary consideration pursuant to a written agreement.

(4) "Correction or removal request" means a written notice submitted by a user or other person to a platform or to the user who published the content, alleging that specific user-generated content contains a false statement of fact, constitutes an abuse of a person's CIIL, or requests the removal of the person's CIIL from the content.

(5) "Responding user" means the user who created or published the user-generated content that is the subject of a correction or removal request.

Sec. 122.122. USER ACCOUNTABILITY AND CONTENT OWNERSHIP.

(a) A user who creates or publishes user-generated content on a platform is the primarily accountable party for the truth and accuracy of that content.

(b) A user retains ownership of user-generated content unless the user sells the content to the platform or another entity for monetary consideration pursuant to a written agreement specifying the transfer of ownership.

(1) the purchasing entity assumes direct accountability for the truth and accuracy of the textual and substantive content as though it were first-party content;

(2) the identity, image, and likeness components of the CIIL remain the personal property of the original creator and are subject to the original creator's right to request removal of their identity, image, and likeness from public access at any time, notwithstanding the sale of the textual content; and

(3) a person's identity, image, and likeness are of greater significance than textual content they create and sell, and therefore the right of a person to control their identity, image, and likeness may not be permanently waived by the sale of content.

(d) A user who publishes user-generated content containing a false statement of fact is subject to:

(1) a civil action under Section 122.206; and

(2) the platform's internal dispute resolution process under this subchapter.

(e) A user shall not publish user-generated content on a platform that:

(1) contains a statement purporting to be a factual statement that the user knows or reasonably should know to be false; or

(2) falsely represents, fabricates, or materially misrepresents the identity, statements, actions, or characteristics of any person through text, image, audio, video, or any digitally altered or artificially generated media.

(f) This section does not apply to user-generated content that constitutes:

(1) sharing of opinion, theory, assumption, or interpretation of facts, including statements of the user's subjective beliefs, as determined by the totality of the circumstances including the language and context of the statement; or

(2) comments that may be derogatory, offensive, or otherwise distasteful but do not contain false statements of fact.

(g) This section applies with particular force to users who are persons of public prominence, influencers, or entities with substantial reach or impact on public discourse, who bear heightened responsibility for the accuracy of factual statements they publish.

Sec. 122.123. PLATFORM OBLIGATION—CORRECTION OR REMOVAL MECHANISM.

(a) An owner or operator that operates a platform shall provide a publicly accessible correction or removal mechanism through which any user or other person may submit a correction or removal request regarding specific user-generated content on the platform.

(b) The correction or removal mechanism shall:

(1) be clearly and conspicuously accessible on each page or screen of the platform on which user-generated content is displayed, by means of a visible link, button, icon, or other interface element associated with or proximate to individual items of user-generated content that, when activated, opens or directs the user to the submission form and automatically associates the specific user-generated content with the submission;

(2) allow submission through an electronic form or other reasonable electronic means, including by users who are not registered on the platform;

(3) require the person submitting the correction or removal request to provide:
(A) identification of the specific user-generated content at issue, which may be automatically populated by the system when the mechanism associated with specific content is activated, or may be provided manually by direct link or sufficient identifying information;
(B) a clear explanation of why the content is believed to contain a false statement of fact, constitute an abuse of a person's CIIL, or why removal of the person's CIIL is requested;
(C) identification of competent evidence of truth supporting the claim, if applicable; and
(D) the person's contact information; and

(4) provide an automated acknowledgment of receipt to the person who submitted the request.

(c) The owner or operator shall process correction or removal requests in a timely, diligent, non-arbitrary, and objective manner.

Sec. 122.124. PLATFORM INTERNAL REVIEW AND DISPUTE RESOLUTION.

(a) Upon receipt of a correction or removal request, the owner or operator of the platform shall:

(1) notify the responding user of the request not later than five business days after the date of receipt, providing the responding user with:
(A) a copy or summary of the request;
(B) the specific content at issue; and
(C) notice of the responding user's right to submit a response;

(2) allow the responding user not fewer than 15 business days from the date of notification to submit a written response, including competent evidence of truth supporting the accuracy of the content or demonstrating that the content constitutes protected opinion; and

(3) facilitate a review of the correction or removal request by considering the competent evidence of truth submitted by both the person who filed the request and the responding user.

(b) The owner or operator shall communicate the outcome of the review process not later than the 30th business day after the date the responding user's response period expires, or, if the responding user does not submit a response, not later than the 30th business day after the response period expires. The platform's role under this section is to facilitate the correction or removal request process and is not to independently adjudicate the truth or falsity of user-generated content.

(c) The review under this section shall be conducted by qualified personnel and not solely by automated means. The platform's determination is a facilitated assessment based on the evidence submitted by the parties and does not constitute a final adjudication of truth or falsity, which is reserved to the Information and Technology Courts under Subchapter E.

(d) The owner or operator shall communicate the outcome of the review in writing to both the person who submitted the request and the responding user, including:

(1) whether the content has been determined to contain a false statement of fact or an abuse of CIIL;

(2) the basis for the determination; and

(3) the corrective action to be taken, if any, or the right to seek further remedies, including judicial review under Subchapter E.

Sec. 122.125. CORRECTIVE ACTION FOR USER-GENERATED CONTENT.

(a) If the owner or operator determines through its internal review that user-generated content contains a false statement of fact or constitutes an abuse of a person's CIIL, the owner or operator shall:

(1) direct the responding user to correct or remove the content not later than the 10th business day after the date the determination is communicated to the responding user; and

(2) if the responding user fails to correct or remove the content within the period prescribed by Subdivision (1), the owner or operator shall remove or disable access to the content.

(b) If the owner or operator determines that the content does not contain a false statement of fact, the person who submitted the correction or removal request may seek judicial review under Section 122.206.

Sec. 122.126. USER CONTENT ENFORCEMENT AND SANCTIONS.

(a) An owner or operator that operates a platform shall adopt and publish a clear content accuracy policy that:

(1) informs users that the publication of knowingly false statements of fact and the abuse of any person's CIIL are prohibited;

(2) describes the correction or removal request and internal review process;

(3) sets forth graduated sanctions for users who are found to have published false statements of fact or abused a person's CIIL, including:
(A) issuance of a warning for a first substantiated violation;
(B) temporary restriction or suspension of the user's ability to publish content for a second substantiated violation within a 12-month period; and
(C) permanent suspension or ban of the user's account for a third or subsequent substantiated violation within a 12-month period or for a single violation involving willful, egregious, or repeated dissemination of materially false information; and

(4) provides that the owner or operator reserves the right to ban a user at any time for continued, willful dissemination of false information or abuse of persons' CIIL.

(b) The content accuracy policy shall be prominently accessible on the platform and incorporated into the platform's terms of service.

(c) An owner or operator shall maintain records of correction or removal requests received, determinations made, and sanctions imposed under this subchapter for a period of not less than three years.

Sec. 122.127. PLATFORM CONDITIONAL LIABILITY.

(a) An owner or operator that operates a platform is not liable under this chapter for user-generated content if the owner or operator maintains the procedural mechanisms required by this subchapter. Specifically, the owner or operator is not liable if the owner or operator:

(1) maintains and operates the correction or removal mechanism required by Section 122.123;

(2) facilitates the review process for correction or removal requests in compliance with Section 122.124;

(3) takes corrective action in compliance with Section 122.125;

(4) enforces its content accuracy policy in compliance with Section 122.126;

(5) requires verified identity for all users in compliance with Section 122.005; and

(6) otherwise acts in good faith to assist users and other persons in correcting false information and removing unauthorized CIIL disseminated by users on the platform.

(b) An owner or operator that operates a platform is liable under this chapter for user-generated content only to the extent that the owner or operator fails to maintain and operate the procedural mechanisms required by this subchapter. Specifically, the owner or operator is liable only if:

(1) the owner or operator fails to provide the correction or removal mechanism required by Section 122.123;

(2) the owner or operator fails to facilitate the review process for a correction or removal request in substantial compliance with Section 122.124;

(3) the owner or operator, after determining that user-generated content contains a false statement of fact or unauthorized CIIL, fails to take corrective action under Section 122.125;

(4) the owner or operator fails to adopt or enforce a content accuracy policy under Section 122.126;

(5) the owner or operator fails to require verified identity for users in compliance with Section 122.005; or

(6) the owner or operator otherwise fails to be proactive in assisting users who are working to correct false information or remove unauthorized CIIL disseminated by other users on the platform.

(c) An owner or operator that is found liable under Subsection (b) is subject to the remedies provided in Subchapter E as if the user-generated content were first-party content of the owner or operator.

(d) The obligations of an owner or operator under this subchapter are procedural in nature. The owner or operator is required to provide and maintain the correction or removal mechanism, facilitate the review process, and carry out corrective action when warranted. The owner or operator is not treated as the publisher or speaker of user-generated content by reason of fulfilling these procedural obligations. This subchapter does not impose liability on an interactive computer service for information provided by another information content provider, as those terms are defined in 47 U.S.C. Section 230(f), except to the extent the owner or operator fails to maintain the procedural mechanisms required by this subchapter.

Sec. 122.128. USER APPEALS.

(a) A responding user who disagrees with a determination made under Section 122.124 may:

(1) submit an appeal through the platform's internal complaint-handling system not later than the 30th day after the date the determination is communicated; and

(2) seek judicial review before the Information and Technology Court under Section 122.206.

(b) A platform's internal complaint-handling system for appeals shall:

(1) be easily accessible and free of charge;

(2) allow the submission of additional competent evidence of truth;

(3) be reviewed by qualified personnel who did not participate in the original determination; and

(4) result in a written decision communicated to the appealing user not later than the 20th business day after the date the appeal is filed.

(c) The filing of an appeal under Subsection (a)(1) stays the enforcement of any corrective action or sanction under Sections 122.125 and 122.126 until the appeal is resolved, except where the platform determines that the content poses an imminent threat of serious harm to a person's safety or CIIL.

ARTICLE 5. EXPEDITED REMOVAL OF SEXUALLY EXPLICIT LIKENESS MATERIAL

SUBCHAPTER C-3. EXPEDITED REMOVAL OF SEXUALLY EXPLICIT LIKENESS MATERIAL

Sec. 122.171. DEFINITIONS.

In this subchapter:

(1) "Artificial intimate visual material" has the meaning assigned by Chapter 98B, Civil Practice and Remedies Code.

(2) "Depicted person" means the individual who is identifiable in the material at issue.

(3) "Removal request" means a request submitted by a depicted person (or the depicted person's authorized representative) to an owner or operator of a covered system or to a user seeking removal or disabling of public access to sexually explicit likeness material.

(4) "Sexually explicit likeness material" means any visual depiction, including any photograph, video, film, or digitally or computer-generated image, whether made or produced by electronic, mechanical, or other means, that depicts the depicted person engaging in sexual conduct or with the depicted person's intimate parts exposed, regardless of whether the material was created with the depicted person's initial consent.

Sec. 122.172. APPLICABILITY AND RELATIONSHIP TO OTHER LAW.

(a) This subchapter applies to any owner, operator, or user of a covered system accessible in this state that publishes or permits dissemination of sexually explicit likeness material.

(b) This subchapter is intended to provide a streamlined, civil, and expedited removal and compliance process for sexually explicit likeness material, including content covered by Chapter 98B, Civil Practice and Remedies Code, related provisions of the Penal Code, and the federal TAKE IT DOWN Act (Pub. L. 119-16).

(1) Chapter 98B, Civil Practice and Remedies Code;

(2) Section 21.165, Penal Code;

(3) Section 21.16, Penal Code;

(4) the TAKE IT DOWN Act (Pub. L. 119-16); or

(5) any other state or federal civil or criminal law.

(d) Proceedings under this chapter are civil and do not adjudicate criminal guilt. Nothing in this chapter limits a criminal investigation or prosecution.

(e) A court's findings under this subchapter may be used as evidence in other proceedings, subject to the Texas Rules of Evidence and other applicable law.

Sec. 122.173. REMOVAL REQUEST MECHANISM FOR SEXUALLY EXPLICIT LIKENESS MATERIAL.

(a) An owner or operator of a covered system shall provide a clearly accessible mechanism for submission of a removal request under this subchapter.

(b) The mechanism must allow submission by electronic means and must permit a depicted person to identify the specific content at issue (link or other locator) and submit a statement that:

(1) the depicted person requests removal of the sexually explicit likeness material; and

(2) if applicable, the depicted person did not consent to the creation, alteration, or dissemination of the material, or the depicted person withdraws any consent previously given.

(c) The mechanism shall not require the depicted person to provide any justification beyond identification of the material and a statement that the depicted person requests its removal.

Sec. 122.174. DUTY TO DISABLE ACCESS; TIMELINE.

(a) On receipt of a removal request that reasonably identifies sexually explicit likeness material depicting the requesting person, the owner, operator, or user shall remove the material from public display or disable public access within 48 hours of receipt of the request.

(b) The owner, operator, or user may preserve a non-public evidentiary copy and related account records for use in civil or criminal proceedings.

(d) This subsection applies regardless of whether the depicted person initially consented to the creation of the material. The right to request removal is absolute and does not depend on proof of lack of consent or harm.

Sec. 122.179. EXCEPTIONS TO REMOVAL REQUIREMENT.

(a) The removal requirement under Section 122.174 does not apply to:

(1) bona fide news reporting of matters of public concern by recognized news organizations;

(2) content published for legitimate law enforcement, national security, or public safety purposes;

(3) documentary, educational, or historical content where the public interest in the content clearly and substantially outweighs the privacy interest of the depicted person; or

(4) other content clearly protected by the First Amendment to the United States Constitution or Article I, Section 8, Texas Constitution.

(b) The burden of establishing an exception under this section rests with the owner, operator, or user.

(c) If an owner, operator, or user asserts an exception under this section and declines to remove the material, the depicted person may immediately file a petition under Section 122.175 for expedited judicial review.

Sec. 122.180. EFFECT OF REMOVAL ON COMPENSATION ARRANGEMENTS.

(a) If a depicted person has entered into a compensation arrangement with an owner or operator or other entity for the use or dissemination of sexually explicit likeness material depicting the person on a covered system, the depicted person may revoke consent to such use by submitting a removal request under this subchapter.

(b) On receipt of a removal request under Subsection (a), the owner or operator shall:

(1) comply with Section 122.174 by disabling public access to the material within 48 hours; and

(2) cease all further payments under the compensation arrangement effective on the date the owner or operator has disabled public access to all sexually explicit likeness material depicting the person on all covered systems under the owner or operator's control.

(c) If any sexually explicit likeness material depicting the person remains publicly accessible on a covered system controlled by the owner or operator after the period prescribed by Section 122.174 and any applicable court order, the owner or operator shall continue to make payments under the compensation arrangement until public access is fully disabled.

(d) Nothing in this section creates any right to require a depicted person to enter into or maintain a compensation arrangement as a condition of removal.

Sec. 122.175. EXPEDITED COMPLIANCE PETITION.

(a) If an owner, operator, or user fails to comply with Section 122.174 or asserts an exception under Section 122.179, the depicted person may file a petition in the Information and Technology Court for an expedited compliance order.

(b) The court shall prioritize petitions under this subchapter and set them for hearing within 15 days of filing. The court may conduct hearings by videoconference or in person as circumstances require.

(c) If the court finds the material is sexually explicit likeness material depicting the petitioner and that the owner, operator, or user failed to comply with Section 122.174, or that an asserted exception under Section 122.179 does not apply, the court shall order immediate disabling or removal and may order any additional injunctive relief necessary to prevent further dissemination.

(d) The court shall apply a strong presumption in favor of the depicted person's right to removal, and the owner, operator, or user bears the burden of proving any asserted exception by clear and convincing evidence.

Sec. 122.176. ENFORCEMENT FOR NONCOMPLIANCE WITH COURT ORDER; SUSPENSION OF PUBLIC ACCESS.

(a) If an owner, operator, or user fails to comply with a court order issued under this subchapter within 24 hours of service of the order, the court may order an Internet service provider, hosting service, domain registrar, or other infrastructure provider to immediately suspend public access to the covered system.

(b) A suspension order under this section must:

(1) be for a period of not less than 15 days and not more than 30 days for a first violation; and

(2) continue until the court verifies compliance with the removal order.

(c) For repeated violations or egregious noncompliance involving sexually explicit likeness material, the court may order suspension for successive 30-day periods until full compliance is achieved, or may order permanent suspension of public access to the covered system if the court determines that the owner, operator, or user has demonstrated willful and continued noncompliance.

(d) The suspension order may not require deletion of data and must be limited to rendering the covered system unavailable to the public.

(e) Failure to comply with a suspension order under this section may result in contempt proceedings against the owner, operator, or user and daily penalties as determined by the court.

(f) A suspension order under this section applies to any Internet service provider, hosting service, web server, or domain registrar that provides services to the covered system, regardless of the physical location of the provider, if:

(1) the covered system is accessible to residents of this state; or

(2) the covered system publishes sexually explicit likeness material depicting a resident of this state.

Sec. 122.181. ENHANCED PROTECTIONS FOR MINORS — SEXUALLY EXPLICIT MATERIAL.

(a) Sexually explicit likeness material depicting a minor may not be published, distributed, or permitted to remain accessible on any covered system under any circumstances. There are no exceptions to this prohibition.

(b) The exceptions to the removal requirement under Section 122.179 do not apply to sexually explicit likeness material depicting a minor. Specifically, no claimed exception for bona fide news reporting, law enforcement, documentary, educational, historical, or First Amendment purposes shall excuse the publication or continued accessibility of sexually explicit likeness material depicting a minor on a covered system.

(c) Upon receipt of a removal request or upon discovery that sexually explicit likeness material depicting a minor is accessible on a covered system, the owner, operator, or user shall:

(1) immediately disable public access to the material, and in no event later than 24 hours after receipt of the request or discovery;

(2) preserve a non-public evidentiary copy for use by law enforcement; and

(3) report the material to the National Center for Missing & Exploited Children (NCMEC) through the CyberTipline, and to appropriate law enforcement, not later than 24 hours after receipt of the request or discovery.

(d) A removal request under this section may be submitted by:

(1) the depicted minor;

(2) the minor's parent or guardian;

(3) law enforcement;

(4) the attorney general; or

(5) any person who discovers the material.

(e) An owner, operator, or user who fails to comply with Subsection (c) is subject to:

(1) the enforcement provisions of Section 122.176;

(2) enhanced civil penalties under Section 122.203 of not less than $25,000 and not more than $100,000 per violation;

(3) referral to the attorney general and appropriate law enforcement for criminal investigation under applicable state and federal law, including 18 U.S.C. §§ 2251-2256 and Sections 21.16 and 43.26, Penal Code; and

(4) immediate suspension of public access to the covered system under Section 122.176 until full compliance is achieved.

(f) This section supplements and does not limit, restrict, or replace any right or remedy available under federal law, including 18 U.S.C. §§ 2251-2256 and the TAKE IT DOWN Act (Pub. L. 119-16), or state law, including Chapter 98B, Civil Practice and Remedies Code, and Sections 21.16, 21.165, and 43.26, Penal Code.

(g) An owner or operator that has knowledge or receives a report that sexually explicit likeness material depicting a minor has been published on its covered system and fails to take action under Subsection (c) within the time required is deemed to have engaged in willful noncompliance for purposes of Section 122.203 and Section 122.176.

(h) The Information and Technology Court shall give priority to petitions involving sexually explicit likeness material depicting a minor over all other matters on its docket, and shall set such petitions for hearing within five days of filing.

Sec. 122.177. DAMAGES AND OTHER RELIEF.

(a) This chapter does not create criminal penalties.

(b) Monetary damages for conduct covered by this subchapter are governed by Chapter 98B, Civil Practice and Remedies Code, and other applicable law.

(c) For claims under Subchapter C-3, a depicted person may seek monetary relief under Chapter 98B, Civil Practice and Remedies Code, in addition to expedited removal and compliance orders under this chapter.

(d) A depicted person who prevails in a petition under this subchapter is entitled to recover court costs and reasonable attorney's fees from the owner, operator, or user.

ARTICLE 6. INFORMATION AND TECHNOLOGY COURTS

SUBCHAPTER D. INFORMATION AND TECHNOLOGY COURTS

Sec. 122.151. CREATION OF INFORMATION AND TECHNOLOGY COURTS.

(a) Pursuant to Article V, Section 1, Texas Constitution, the Information and Technology Courts are created as courts of limited jurisdiction within the judicial branch of the State of Texas for the purpose of adjudicating disputes arising under this chapter.

(b) The Information and Technology Courts shall be organized into divisions corresponding to the judicial administrative regions established under Section 74.042, Government Code.

(c) Each division of the Information and Technology Courts has statewide jurisdiction and may hear cases arising from any location in this state, regardless of the geographic location of the parties or the content at issue.

(d) The governor shall appoint, with the advice and consent of the senate, a presiding judge for the Information and Technology Courts and one judge for each division. Each judge serves a four-year term and may be reappointed.

Sec. 122.152. QUALIFICATIONS OF JUDGES.

A person is eligible for appointment as a judge of an Information and Technology Court only if the person:

(1) is a citizen of this state;

(2) is a licensed attorney in good standing with the State Bar of Texas;

(3) has at least 10 years of experience in the practice of law, including substantial experience in one or more of the following areas:
(A) media law;
(B) First Amendment law;
(C) intellectual property law;
(D) Internet or technology law; or
(E) defamation or privacy law; and

(4) has not been convicted of a felony or a crime involving moral turpitude.

Sec. 122.153. JURISDICTION.

(a) The Information and Technology Courts have original and exclusive jurisdiction over:

(1) civil actions brought under Section 122.201 of this chapter;

(2) actions for injunctive relief under Section 122.202 of this chapter;

(3) petitions under Subchapter C-3; and

(4) any other claim arising under this chapter that requires judicial determination.

(b) The Information and Technology Courts have supplemental jurisdiction over claims that form part of the same case or controversy as a claim within the court's jurisdiction, if the parties and the court agree to proceed.

(c) Venue for an action under this chapter is proper in any division of the Information and Technology Court, subject to considerations of convenience to the parties and witnesses.

Sec. 122.154. PROCEDURES.

(a) Proceedings in the Information and Technology Courts shall be governed by the Texas Rules of Civil Procedure and the Texas Rules of Evidence, except as modified by rules adopted under this section.

(b) The Supreme Court of Texas may adopt rules of practice and procedure specific to the Information and Technology Courts, consistent with this chapter.

(c) A party to a proceeding in an Information and Technology Court may be represented by an attorney or may appear pro se.

(d) The Information and Technology Courts shall endeavor to resolve cases on an expedited basis. Unless good cause is shown, a case shall be set for hearing not later than the 90th day after the date the petition is filed, except petitions under Subchapter C-3 which shall be set within 15 days.

(e) In determining whether content contains a false statement of fact, the court shall consider:

(1) whether the plaintiff has provided competent evidence of truth demonstrating the reality of what actually occurred; and

(2) whether the defendant has provided competent evidence of truth supporting the challenged content.

(f) Original, unaltered media (photographs, videos, audio) shall be given greater weight than derivative, edited, AI-generated, or AI-edited versions when determining what reality occurred.

(g) The court may order disclosure of the verified identity of a user pursuant to Section 122.005(f) when necessary for the just resolution of a proceeding under this chapter.

Sec. 122.159. REMOTE PROCEEDINGS AND ELECTRONIC CASE MANAGEMENT.

(a) The Information and Technology Courts shall, to the maximum extent practicable, conduct proceedings by videoconference or other remote electronic means to promote efficiency, accessibility, and cost-effectiveness.

(b) The court may order that a hearing or trial be conducted in person and in a closed or secured setting when:

(1) the nature of the evidence, including sexually explicit likeness material or other sensitive content, requires privacy protections for the dignity and safety of parties or witnesses;

(2) national security, law enforcement, or public safety concerns necessitate confidential proceedings;

(3) a party demonstrates by a preponderance of the evidence that remote proceedings would materially prejudice that party's ability to present evidence or examine witnesses; or

(4) the court determines that the interests of justice require an in-person proceeding.

(c) The courts shall permit electronic filing, electronic service, and electronic submission of evidence, consistent with the Texas Rules of Civil Procedure and any rules adopted by the Supreme Court of Texas.

(d) The courts shall adopt procedures for expedited hearings, including short-form petitions and standardized orders for removal, disabling access, and compliance verification.

(e) Petitions under Subchapter C-3 shall be prioritized and set for initial hearing within 15 days of filing.

Sec. 122.155. USE OF FINDINGS IN RELATED PROCEEDINGS.

(a) A final judgment of an Information and Technology Court finding that content published on a covered system contains a false statement of fact, or that an owner, operator, or user violated this chapter, may be admitted as evidence in any related civil or criminal proceeding, including but not limited to:

(1) an action for defamation under common law or Chapter 73, Civil Practice and Remedies Code;

(2) an action for business disparagement under Chapter 73, Civil Practice and Remedies Code;

(3) an action for violation of the Deceptive Trade Practices Act under Chapter 17, Business and Commerce Code; or

(4) any other civil or criminal proceeding in which the falsity of a statement or the violation of this chapter is at issue.

(b) A final judgment under Subsection (a) is admissible to establish:

(1) that the content at issue contains a false statement of fact;

(2) that the defendant published or caused to be published the false statement;

(3) the identity of the person or entity harmed by the false statement; and

(4) that the defendant failed to comply with the correction, removal, or other requirements of this chapter.

(c) A final judgment admitted under this section does not establish liability in the related proceeding but may be considered by the trier of fact as probative evidence of the matters set forth in Subsection (b).

(d) The admission of a final judgment under this section is subject to the Texas Rules of Evidence and any applicable rules of civil or criminal procedure.

(e) This section is intended to streamline the resolution of related civil and criminal proceedings by providing admissible evidence of findings made under this chapter, thereby reducing the burden on parties harmed by false statements and promoting the efficient administration of justice.

Sec. 122.156. APPEALS.

An appeal from a final judgment of an Information and Technology Court shall be taken to the court of appeals for the court of appeals district in which the division of the Information and Technology Court is located, in the manner provided for appeals from district courts.

Sec. 122.157. COURT ADMINISTRATION.

(a) The Office of Court Administration of the Texas Judicial System shall provide administrative support to the Information and Technology Courts.

(b) The Information and Technology Courts shall submit to the Office of Court Administration quarterly reports on caseload, disposition rates, and other statistics as the office may require.

(c) The presiding judge of the Information and Technology Courts shall adopt uniform operational procedures for all divisions, subject to the approval of the Supreme Court of Texas.

Sec. 122.158. TECHNICAL ENFORCEMENT DIVISION.

(a) The Information and Technology Courts shall be supported by a Technical Enforcement Division (TED) composed of information technology professionals with demonstrated experience in Internet infrastructure, cybersecurity, digital forensics, or network administration.

(b) The Technical Enforcement Division shall, under the direction of the court:

(1) assist in identifying covered systems and specific web pages or services that are subject to removal or suspension orders under this chapter;

(2) coordinate with Internet service providers, hosting services, domain registrars, and other infrastructure providers to implement orders requiring suspension of public access;

(3) provide technical verification to the court that an owner, operator, or user has complied with an order issued under Subchapter C-3 or Section 122.203; and

(4) perform any other technical enforcement functions assigned by rule of the Supreme Court of Texas.

(c) When a plaintiff or victim who is a resident of this state seeks enforcement of a court order under this chapter regarding CIIL or sexually explicit likeness material, the Technical Enforcement Division shall have the authority to take all appropriate action within the confines of this chapter to effectuate the court's order regardless of the physical location of the covered system, server, or entity hosting the content, provided the content is or was accessible to residents of this state at the time of the filing. Specifically, the Technical Enforcement Division may, under specific court order and subject to strict procedural safeguards:

(1) coordinate with Internet service providers, web hosting services, domain registrars, and other infrastructure providers located anywhere in the world to suspend public access to covered systems that are noncompliant with court orders, where the covered system is accessible to Texas residents or contains sexually explicit likeness material or CIIL of Texas residents;

(2) implement technical measures, including but not limited to DNS blocking, IP address blocking, or content filtering, to render noncompliant covered systems inaccessible to residents of this state;

(3) when an owner, operator, or user cannot be identified or located, or has demonstrated willful and continued noncompliance with court orders, employ lawful intrusive technical measures, subject to prior specific court authorization and oversight, to disable, remove, or render inaccessible specific content or systems that violate this chapter, provided that:
(A) the court has made specific findings that less intrusive measures have been attempted and have failed;
(B) the court has determined that the content at issue poses ongoing and substantial harm to the person whose CIIL is at issue;
(C) the technical measures employed are narrowly tailored to affect only the specific violating content or system and do not unduly affect other systems or content;
(D) all actions taken under this subdivision are documented and reported to the court within 24 hours; and
(E) the owner, operator, or user, if identifiable, is provided notice and an opportunity to comply before intrusive measures are employed, except in cases of emergency where notice would frustrate the purpose of the order; and

(4) in cases involving sexually explicit likeness material or serious CIIL abuse where an entity located outside this state or outside the United States fails to comply with a court order, petition the court for an order requiring the permanent suspension of public access to the noncompliant covered system by all available technical means, including coordination with domestic infrastructure providers that provide connectivity or services to the noncompliant entity.

(d) Personnel of the Technical Enforcement Division act as officers of the court for purposes of enforcing orders under this chapter but do not possess independent criminal law-enforcement authority.

(e) The Technical Enforcement Division shall maintain detailed records of all enforcement actions taken under this section and shall provide quarterly reports to the presiding judge of the Information and Technology Courts and to the Office of Court Administration.

(f) The Supreme Court of Texas shall adopt rules governing the standards, procedures, and limitations applicable to technical enforcement actions under Subsection (c), including requirements for judicial oversight, documentation, and protection of due process rights.

ARTICLE 7. ENFORCEMENT AND REMEDIES

SUBCHAPTER E. ENFORCEMENT

Sec. 122.201. CIVIL ACTION—FIRST-PARTY CONTENT.

(a) A person aggrieved by a violation of this chapter may file a civil action in the appropriate division of the Information and Technology Court.

(b) In an action against an owner or operator regarding first-party content under this section, the plaintiff must establish by a preponderance of the evidence that:

(1) the defendant is an owner or operator of a covered system subject to this chapter;

(2) specific first-party content published on the defendant's covered system contains a false statement of fact;

(3) the plaintiff submitted a correction request or removal request in compliance with Subchapter C, or was unable to do so because the owner or operator failed to provide the mechanism required by Section 122.101; and

(4) the defendant failed to take corrective action in compliance with Section 122.103 within the time prescribed.

(c) If the court finds in favor of the plaintiff in an action regarding first-party content, the court may order one or more of the following remedies:

(1) removal of the false content from the defendant's covered system;

(2) replacement of the false content with the correct information, specifically identifying the competent evidence of truth that establishes the reality of persons, places, things, and events, including references to admissible evidence such as witness testimony, original unaltered media, documentation, or repeatable demonstrations as described by Section 122.003(21);

(3) issuance by the defendant of a public statement of correction, the content and manner of which shall be approved by the court;

(4) a reasonable attempt by the defendant to notify all persons and entities that have cited, shared, or linked to the false content to inform them of the correction, to the extent that such persons or entities are reasonably identifiable; and

(5) court costs and reasonable attorney's fees.

In fashioning relief under this subsection, the court should, where reasonably practicable and consistent with preventing ongoing harm, give preference to remedies that replace or correct false content with true content, rather than purely removing content without correction.

(d) A judgment under this section finding that content contains a false statement of fact may be used as evidence in related proceedings as provided in Section 122.155.

(g) In an action under this section, the plaintiff bears the burden of proving by a preponderance of the evidence that the content at issue contains a false statement of fact.

The defendant may defeat liability by establishing either that:

(1) the content constitutes opinion, satire, or parody under Section 122.052; or

(2) the content is a true statement as defined by Section 122.003(21), supported by competent evidence of truth.

If the court determines that the plaintiff has failed to carry the burden of proving falsity, or that the defendant has established a defense under this subsection, the court shall deny all relief under this chapter as to that content and may award the defendant court costs and reasonable attorney's fees.

Sec. 122.206. CIVIL ACTION—USER-GENERATED CONTENT.

(a) A person aggrieved by user-generated content that violates Section 122.122 may file a civil action in the appropriate division of the Information and Technology Court against the user who created or published the content.

(b) In an action under this section against a user, the plaintiff must establish by a preponderance of the evidence that:

(1) the defendant user created or published user-generated content on a platform;

(2) the content contains a false statement of fact or constitutes an abuse of a person's CIIL in violation of Section 122.122;

(3) the plaintiff submitted a correction or removal request under Subchapter C-1, or was unable to do so because the platform failed to provide the mechanism required by Section 122.123; and

(4) either:
(A) the platform's internal review determined the content to be false or an abuse of CIIL and the user failed to take corrective action; or
(B) the platform's internal review determined the content was not false, and the plaintiff seeks judicial review of that determination.

(c) If the court finds in favor of the plaintiff, the court may order one or more of the following remedies against the user:

(1) removal of the false content by the user, or, if the user fails to comply, an order directing the platform to remove the content;

(2) replacement of the false content with the correct information, in a manner determined by the court;

(3) issuance by the user of a public correction or retraction; and

(4) court costs and reasonable attorney's fees.

(d) A person aggrieved by user-generated content may also file a civil action against the owner or operator operating the platform if the plaintiff establishes that the owner or operator is liable under Section 122.127(b). In such action, the remedies available against the owner or operator are those provided in Section 122.201(c) and Section 122.203.

(e) An action under this section against a user and an action against an owner or operator under Subsection (d) may be joined in a single proceeding.

(f) A judgment under this section finding that content contains a false statement of fact may be used as evidence in related proceedings as provided in Section 122.155.

(g) In an action under this section, the plaintiff bears the burden of proving by a preponderance of the evidence that the content at issue contains a false statement of fact or constitutes an abuse of CIIL.

The defendant may defeat liability by establishing either that:

(1) the content constitutes opinion, satire, or parody under Section 122.052; or

(2) the content is a true statement as defined by Section 122.003(21), supported by competent evidence of truth.

If the court determines that the plaintiff has failed to carry the burden of proving falsity or abuse of CIIL, or that the defendant has established a defense under this subsection, the court shall deny all relief under this chapter as to that content and may award the defendant court costs and reasonable attorney's fees.

Sec. 122.207. CIVIL ACTION—CIIL AND DATA VIOLATIONS.

(a) A person or legal entity aggrieved by a violation of Subchapter B-1 may file a civil action in the appropriate division of the Information and Technology Court against the owner, operator, user, or other person who committed the violation.

(b) In an action under this section, the plaintiff must establish by a preponderance of the evidence that:

(1) the defendant used the plaintiff's CIIL without consent and compensation as required by Section 122.061;

(2) the defendant collected the plaintiff's personal data without consent and compensation as required by Section 122.062; or

(3) the defendant failed to remove the plaintiff's CIIL as required by Section 122.063.

(1) immediate removal of the plaintiff's CIIL from the defendant's covered system;

(2) immediate cessation of personal data collection regarding the plaintiff;

(3) deletion of personal data collected in violation of Section 122.062;

(4) payment to the plaintiff of the fair market value of the use of the plaintiff's CIIL, or the value of personal data collected, whichever is greater;

(5) statutory damages of not less than $1,000 and not more than $10,000 per violation; and

(6) court costs and reasonable attorney's fees.

(d) A judgment under this section may be used as evidence in related proceedings as provided in Section 122.155.

Sec. 122.202. INJUNCTIVE RELIEF.

(a) The attorney general may bring an action in an Information and Technology Court to enjoin a violation of this chapter by an owner, operator, user, or any other person.

(b) In addition to injunctive relief, the court may award the state reasonable expenses incurred in obtaining the injunction, including court costs, reasonable attorney's fees, investigative costs, and witness fees.

Sec. 122.203. PATTERN OF VIOLATIONS.

(a) If the court finds that an owner, operator, or user has engaged in a pattern or practice of violations of this chapter, the court may:

(1) for an owner or operator, order an Internet service provider, web hosting service, domain registrar, or infrastructure provider to suspend public access to the covered system for a period of not less than 15 days and not more than 30 days for a first pattern violation, and continuing until such time as the owner or operator provides proof the content has been removed and replaced with the correct information if applicable and all other responsibilities properly fulfilled;

(2) for repeated pattern violations or egregious noncompliance, order suspension for successive 30-day periods until full compliance is achieved, or permanent suspension of public access if the court determines that the owner or operator has demonstrated willful and continued noncompliance;

(3) for a user, order the platform on which the user publishes content to permanently suspend or ban the user's account; and

(4) order any other equitable relief the court considers appropriate.

(b) For purposes of this section, a "pattern or practice" means three or more separate violations of this chapter within a 12-month period.

(c) A suspension order under this section applies to any Internet service provider, hosting service, web server, or domain registrar that provides services to the covered system, regardless of the physical location of the provider, if:

(1) the covered system is accessible to residents of this state; or

(2) the covered system publishes content containing CIIL of a resident of this state in violation of this chapter.

Sec. 122.204. AFFIRMATIVE DEFENSE—TRUTH.

(a) It is an affirmative defense to any action under this chapter that the challenged content constitutes a true statement supported by competent evidence of truth.

(b) In asserting this defense, the defendant must identify specific competent evidence of truth that demonstrates the reality conveyed by the content corresponds to actual persons, places, things, and events.

(c) If the defendant establishes the affirmative defense by a preponderance of the evidence, the court shall dismiss the action and may award the defendant court costs and reasonable attorney's fees.

Sec. 122.205. AFFIRMATIVE DEFENSE—OPINION.

(a) It is an affirmative defense to any action under this chapter that the challenged content constitutes opinion, theory, assumption, interpretation, satire, or parody, and not a false statement of fact.

(b) In asserting this defense, the defendant must demonstrate that:

(1) the content is clearly identifiable as opinion, theory, assumption, interpretation, satire, or parody to a reasonable reader, viewer, or listener, considering the totality of the circumstances including the language, context, and medium of the content;

(2) the content contains language or contextual cues indicating opinion, such as "I believe," "In my opinion," "I think," "It seems to me," or similar expressions of subjective belief, whether in written text, spoken word, captions, or any other format within the content; or

(3) the content expresses the defendant's subjective beliefs, interpretations, assumptions, or value judgments and does not purport to state objective facts capable of verification.

(c) Content that is obviously satirical, parodic, or constitutes social commentary, political opinion, or artistic expression is presumptively protected opinion.

(d) The court shall apply the totality of the circumstances test, considering:

(1) the specific language and context of the content;

(2) whether a reasonable person would understand the content as stating facts or expressing opinion;

(3) the medium and forum in which the content was published;

(4) whether the content can be proven true or false through competent evidence; and

(5) whether the content contains any contextual indicators of opinion, including but not limited to express labeling, spoken disclaimers, or commonly understood language of subjective belief.

(e) If the defendant establishes the affirmative defense by a preponderance of the evidence, the court shall dismiss the action and may award the defendant court costs and reasonable attorney's fees.

(f) A defendant asserting this defense is not required to prove that the content is truthful, only that it constitutes protected opinion, satire, or parody rather than a false statement of fact.

ARTICLE 8. MISCELLANEOUS PROVISIONS

SECTION 8.01. SEVERABILITY.

If any provision of this Act or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are declared to be severable.

SECTION 8.02. RULES.

(a) The attorney general and the Office of Court Administration may adopt rules as necessary to implement and administer this Act.

(b) The Supreme Court of Texas may adopt rules governing:

(1) the standards and procedures for identity verification under Section 122.005;

(2) the standards, procedures, and limitations applicable to technical enforcement actions under Section 122.158; and

(3) any other matter necessary for the efficient administration of the Information and Technology Courts.

SECTION 8.03. RELATIONSHIP TO EXISTING LAW.

(a) This chapter is intended to supplement and reinforce, and not to conflict with or diminish, existing protections under state and federal law, including:

(1) Chapter 73, Civil Practice and Remedies Code (Libel);

(2) Chapter 98B, Civil Practice and Remedies Code (Unlawful Disclosure or Promotion of Intimate Visual Material);

(3) Chapter 27, Civil Practice and Remedies Code (Texas Citizens Participation Act);

(4) Chapter 26, Property Code (Right of Publicity);

(5) Sections 21.16 and 21.165, Penal Code;

(6) the TAKE IT DOWN Act (Pub. L. 119-16);

(7) 47 U.S.C. Section 230;;

(8) the First Amendment to the United States Constitution and Article I, Section 8, Texas Constitution;

(9) Chapter 509, Business and Commerce Code (Securing Children Online through Parental Empowerment Act);

(10) the Children's Online Privacy Protection Act (15 U.S.C. § 6501 et seq.);

(11) 18 U.S.C. §§ 2251-2256 (sexual exploitation of children); and

(12) any applicable provisions of the Kids Online Safety Act or successor federal legislation protecting minors online.

(b) To the extent any provision of this chapter is found to conflict with 47 U.S.C. Section 230 or the First Amendment, the conflicting provision shall be construed narrowly to avoid the conflict, or if the conflict is irreconcilable, the provision is severable under Section 6.01.

(c) Nothing in this chapter diminishes any right or remedy available under Chapter 73, Civil Practice and Remedies Code. The correction request process under this chapter is independent of and supplemental to the correction, clarification, or retraction process under Subchapter B, Chapter 73, Civil Practice and Remedies Code.

(d) This chapter reinforces and provides additional procedural mechanisms for the enforcement of rights protected under Chapter 98B, Civil Practice and Remedies Code, and the federal TAKE IT DOWN Act, including expedited removal and compliance procedures.

(e) Nothing in this chapter shall be construed to limit, restrict, or impair any civil or criminal remedy available under state or federal law for harassment, stalking, threats, assault, abuse, or other unlawful conduct, nor to prevent an owner, operator, or platform from taking action to prevent, report, or respond to such conduct.

(f) To the extent any provision of this chapter could be interpreted to conflict with constitutional protections for speech, courts shall apply the narrowest construction that preserves the provision's validity while giving maximum effect to the property-rights and remedial purposes of this chapter.

(g) Relationship to Minor-Specific Protections. The provisions of this chapter relating to minors are intended to supplement and reinforce, and not to conflict with or diminish, the protections provided by federal law, including the Children's Online Privacy Protection Act, the TAKE IT DOWN Act, and 18 U.S.C. §§ 2251-2256, and by state law, including Chapter 509, Business and Commerce Code (Securing Children Online through Parental Empowerment Act). Where this chapter provides greater protection for minors than federal or state law, the greater protection shall apply. Where federal law provides greater protection, federal law controls.

SECTION 8.04. RULES OF CONSTRUCTION AND APPLICATION.

(a) This chapter shall be construed and applied in a manner that:

(1) protects and enhances, rather than restricts, the freedom of speech guaranteed by the First Amendment to the United States Constitution and Article I, Section 8, Texas Constitution;

(2) protects the property rights of persons in their content, identity, image, and likeness (CIIL) and in their personal data; and

(3) provides effective remedies for the misuse of CIIL and the continued publication of false statements of fact after judicial determination of falsity.

(b) Nothing in this chapter shall be construed to:

(1) authorize the state or any court to prohibit or punish speech based on disagreement with the viewpoint, belief, ideology, or opinion expressed;

(2) permit the removal or suppression of content solely because it is offensive, derogatory, indecent, cruel, disrespectful, blasphemous, or otherwise distasteful, if the content constitutes opinion or other protected speech and does not contain a false statement of fact or violate a CIIL or data protection provision of this chapter; or

(3) impose any requirement of prior approval, licensing, or pre-screening of content by the state or by an owner or operator, beyond the maintenance of the identity verification and correction or removal mechanisms expressly required by this chapter;

(4) restrict or impair the right of an owner or operator to adopt and enforce terms of service, community standards, or acceptable-use policies that prohibit harassment, threats, abuse, or other conduct, including removal or suspension of users or content that violate such policies; or

(1) expressions of subjective belief, interpretation, value judgment, or criticism, including harsh, hyperbolic, or offensive language about a person or group, are treated as opinion and remain protected speech, unless they reasonably imply specific factual assertions that can be proven true or false by competent evidence of truth; and

(2) the remedies of correction, replacement, removal, or suspension of access under this chapter may be ordered only with respect to:

(A) content that has been determined by a court of competent jurisdiction to contain a false statement of fact; or

(B) CIIL or personal data whose use, publication, or collection violates an express provision of this chapter.

(d) The identity verification requirements and platform obligations under this chapter are procedural in nature and shall not be interpreted to treat an owner or operator as the publisher or speaker of user-generated content solely by reason of providing, operating, or complying with the mechanisms and processes required by this chapter.

SECTION 8.05. TRANSITION.

(a) An owner or operator of a covered system accessible by citizens of Texas subject to this Act shall comply with the requirements of Subchapters B, B-1, and C not later than the 180th day after the effective date of this Act.

(b) An owner or operator shall comply with the identity verification requirements of Section 122.005 not later than the 270th day after the effective date of this Act.

(c) An action may not be filed under Subchapter E based on content published before the effective date of this Act, except that the correction request process under Subchapter C, the correction or removal request process under Subchapter C-1, and the removal request process under Subchapter C-3 apply to all content accessible on a covered system on or after the date the owner or operator is required to comply under Subsection (a).

(d) Subject to legislative appropriation, the governor shall appoint the initial judges of the Information and Technology Courts not later than the 120th day after the effective date of this Act.

(e) The Technical Enforcement Division under Section 122.158 shall be operational not later than the 180th day after the effective date of this Act.

SECTION 8.06. EFFECTIVE DATE.

This Act takes effect September 1, 2027.

The Protecting Truth and Identity Act

Texas House of Representatives District 109

Will Campbell for Texas