HB3133 - Relating to user reports of explicit deep fake material on social media platforms.

      H.B. No. 3133         AN ACT   relating to user reports of explicit deep fake material on social   media platforms.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subchapter C, Chapter 120, Business & Commerce   Code, is amended by adding Section 120.1001 to read as follows:           Sec. 120.1001.  DEFINITIONS. In this subchapter:                 (1)     "Deep fake material" means visual material,   created with the intent to deceive, that appears to depict a real   person performing an action that did not occur in reality.                 (2)     "Explicit deep fake material" means deep fake   material that appears to depict a real person engaging in sexual   conduct or other conduct resulting in the exposure of the person's   intimate parts.                 (3)     "Intimate parts," "sexual conduct," and "visual   material" have the meanings assigned by Section 21.16, Penal Code.          SECTION 2.  Section 120.101, Business & Commerce Code, is   amended to read as follows:          Sec. 120.101.  COMPLAINT SYSTEM.  A social media platform   shall provide an easily accessible complaint system to enable a   user to submit a complaint in good faith and track the status of the   complaint, including a complaint regarding:                (1)  illegal content or activity; [ or ]                (2)   explicit deep fake material; or                 (3)   a decision made by the social media platform to   remove content posted by the user.          SECTION 3.  Subchapter C, Chapter 120, Business & Commerce   Code, is amended by adding Section 120.1015 to read as follows:           Sec.   120.1015.     NOTICE OF COMPLAINT SYSTEM AND PROCEDURES.   (a)   A social media platform shall provide notice on the platform of   the complaint system and procedures described by this subchapter.           (b)  Notice under this section:                 (1)  must be clear and conspicuous to a user;                 (2)  must be written using plain language;                 (3)     must describe the duties of a social media   platform under Section 120.102;                 (4)     must describe the process by which a user may   submit a complaint; and                 (5)     may be provided on another Internet web page to   which a user may navigate through the use of a clear and conspicuous   hyperlink.          SECTION 4.  Section 120.102, Business & Commerce Code, is   amended to read as follows:          Sec. 120.102.  PROCESSING OF COMPLAINTS.   (a)   A social media   platform that receives notice of illegal content or illegal   activity on the social media platform shall make a good faith effort   to evaluate the legality of the content or activity within 48 hours   of receiving the notice, excluding hours during a Saturday or   Sunday and subject to reasonable exceptions based on concerns about   the legitimacy of the notice.           (b)     A social media platform that receives notice of explicit   deep fake material on the social media platform shall:                 (1)     immediately confirm to the user that the social   media platform is aware of the material;                 (2)     remove the content reported by the user and any   known content that is a copy of or identical to the reported content   as explicit deep fake material; and                 (3)     not later than the seventh day after the date the   user submitted the report to the social media platform, provide a   written notice to the user updating the user on the status of the   reported content.          SECTION 5.  Subchapter C, Chapter 120, Business & Commerce   Code, is amended by adding Section 120.1025 to read as follows:           Sec.   120.1025.     TREATMENT OF REPORTED CONTENT. (a)   If a   social media platform determines that content reported by a user is   not explicit deep fake material, the social media platform may   restore the material.           (b)     If a social media platform determines that content   reported by a user is explicit deep fake material, the social media   platform shall implement measures to ensure the same material is   not posted on the social media platform again.          SECTION 6.  Section 120.103(b), Business & Commerce Code, is   amended to read as follows:          (b)  A social media platform is not required to provide a   user with notice or an opportunity to appeal under Subsection (a) if   the social media platform:                (1)  is unable to contact the user after taking   reasonable steps to make contact; [ or ]                (2)  knows that the potentially policy-violating   content relates to an ongoing law enforcement investigation ; or                 (3)     removed the content under Section 120.102(b) due   to a complaint that the content was explicit deep fake material .          SECTION 7.  The heading to Section 120.151, Business &   Commerce Code, is amended to read as follows:          Sec. 120.151.   INJUNCTIVE RELIEF [ ACTION BY ATTORNEY   GENERAL ].          SECTION 8.  Subchapter D, Chapter 120, Business & Commerce   Code, is amended by adding Section 120.152 to read as follows:           Sec.   120.152.     DECEPTIVE TRADE PRACTICE. A violation of   this chapter is a deceptive trade practice under Subchapter E,   Chapter 17, and is actionable under that subchapter.          SECTION 9.  This Act takes effect September 1, 2025.       ______________________________ ______________________________      President of the Senate Speaker of the House                   I certify that H.B. No. 3133 was passed by the House on May 2,   2025, by the following vote:  Yeas 122, Nays 0, 2 present, not   voting; and that the House concurred in Senate amendments to H.B.   No. 3133 on May 29, 2025, by the following vote:  Yeas 119, Nays 19,   1 present, not voting.     ______________________________   Chief Clerk of the House               I certify that H.B. No. 3133 was passed by the Senate, with   amendments, on May 26, 2025, by the following vote:  Yeas 29, Nays   2.     ______________________________   Secretary of the Senate      APPROVED: __________________                   Date                       __________________                 Governor