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Tex. Bus. & Com. Code § 120.103

REMOVAL OF CONTENT; EXCEPTIONS

Applied in 1 court decision — leading case Chamber of Com of the USA v. SEC (2023)

Most recently applied in Chamber of Com of the USA v. SEC (October 2023)

Added by Acts 2021, 87th Leg., 2nd C.S., Ch. 3 (H.B. 20), Sec. 2, eff

(a) Except as provided by Subsection (b), if a social media platform removes content based on a violation of the platform's acceptable use policy under Section 120.052, the social media platform shall, concurrently with the removal:

(1) notify the user who provided the content of the removal and explain the reason the content was removed;

(2) allow the user to appeal the decision to remove the content to the platform; and

(3) provide written notice to the user who provided the content of:

(A) the determination regarding an appeal requested under Subdivision (2); and

(B) in the case of a reversal of the social media platform's decision to remove the content, the reason for the reversal.

(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;

(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.

Official source: Texas Constitution and Statutes. Reproduced from public-domain Texas statutes; confirm against the official source for the current text. Not legal advice.