Safeguarding Truth and Identity in the Digital Age

Image of hazards fake news and false representations

As a candidate for Texas House District 109, my position is clear: We must protect truth and personal identity online without eroding free speech. In an age where misinformation and digital deception run rampant, furthered by the advent of AI, Texans deserve tools to combat false information and fight against foreign influence. By empowering citizens to hold individuals and companies accountable—drawing from established defamation laws like those defining libel in Civil Practice & Remedies Code §73.001—we can ensure accountability. This fosters a trustworthy online environment where free expression flourishes, but falsehoods face consequences.

Current Texas laws provide a foundation, such as defamation statutes that address libel in written forms, including online posts, where false statements damaging reputations can lead to civil suits. Similarly, identity theft is criminalized under Penal Code §32.51, penalizing the fraudulent use of personal information. However, gaps exist in addressing widespread online anonymity and the rapid dissemination of falsehoods and slander it encourages. My vision builds on these by mandating identity verification across platforms, extending age checks like those in HB 1181 for adult content to broader internet use. More importantly, it allows citizens to hold others accountable for what they post.

Texas and federal laws provide a foundation for addressing online truth, anonymity, identity protection, and remedies for false information. However, many are limited by federal immunities like Section 230 of the Communications Decency Act, which shields platforms from liability for user-generated content. At the end of this article is a curated list of key relevant laws, organized by category for clarity. These focus on defamation (protecting truth), impersonation and privacy (protecting identity), age verification efforts (impacting anonymity), and mechanisms for citizens to seek removal or correction of false posts

Recommended legislation would amend existing codes to create a "Digital Truth and Identity Act." This bill is designed to fill in the gaps left by current legislation, establishing a coherent framework within which individuals and organizations can hold users and companies accountable for publishing false and harmful information online in various forms. This act will make it mandatory for organizations hosting websites as platforms or media outlets presenting information to the public to provide a means for correcting false information on their website. This cannot be behind a paywall. The law will require that when evidence is given that a post is indeed false, it must require the user or the employee remove the post, replace it with a post that promotes the truth, and to issue an apology.

If the company fails to comply with this action, then the citizen can seek remedy in an online court to force the person or entity to comply with the law. Allowing streamlined civil suits against individuals posting false information, with expedited court orders for platforms to remove or correct content upon proof of falsity respects Section 230 by targeting users, not hosts, and giving swift remedy to the public. This bill is against “misinformation” or establishing boards that get to pick and choose what is true and what is not. It does not stifle speech or force conformity. Instead, it empowers citizens to make certain influencers, media, and others tell the truth.

For identity protection, this bill would enforce strict penalties for online impersonation, building on Penal Code §33.07. Moreover, it will increase the identity requirements established in HB 1181 so that anonymity online can be ended. Foreign influence and the use of “bot armies” online result in total misrepresentation of facts and dissemination of false information across many platforms. This is made possible by anonymity online. This act will make it mandatory that persons verify their identity using government issued ID and other forms of virtual ID verification for persons to interact with anything online. Ending the rein of bots and people hiding behind false identities is vital to securing the future and reinforcing truth online, and further protects people from identity theft.

Ultimately, protecting truth and identity online is about restoring trust in our source of information. As your representative, I will fight for legislation that holds bad actors accountable, shields the vulnerable, and upholds ethical standards. We must give citizens the means to end the dissemination of false information and hold media accountable for presenting lies and half-truths. Requiring identification removes the ability for bad actors to hide in anonymity, never facing just punishment for the damage their false posts cause. Together, we can make the internet a safer space for all Texans, where free speech thrives alongside truth and justice, keeping Texas strong for generations to come. 

The Current Legal Framework and Gaps

Table of Federal and Texas state laws related to dissemination of false information online and online identity.

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