Hinojosa Bill Lets You Sue Your Social Media Impersonator

The text as introduced · 499 words

89R2891 AMF-F

By: Hinojosa of Hidalgo
S.B. No. 2682

A BILL TO BE ENTITLED

AN ACT

relating to civil liability for online impersonation.

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

SECTION 1. Title 4, Civil Practice and Remedies Code, is

amended by adding Chapter 98C to read as follows:

CHAPTER 98C. LIABILITY FOR ONLINE IMPERSONATION

Sec. 98C.001. DEFINITIONS. In this chapter:

(1) "Online impersonation" means a person's use of an

individual's name, voice, signature, photograph, or likeness

through social media without that individual's consent or, if the

individual is a minor, the consent of that individual's parent,

legal guardian, or managing conservator.

(2) "Photograph" includes any photograph or

photographic reproduction, still or moving, or any videotape or

live television transmission of any individual in which the

individual is readily identifiable.

(3) "Readily identifiable" means identifiable using

only the naked eye to reasonably determine the identity of an

individual in a photograph.

(4) "Social media" means a form of electronic

communication through which users create online communities to

share information, ideas, personal messages, and other content.

Sec. 98C.002. APPLICABILITY OF CHAPTER. This chapter does

not apply to a law enforcement agency or a law enforcement agency

employee acting within the scope of employment in investigating

Internet crimes.

Sec. 98C.003. CONSTRUCTION OF CHAPTER. This chapter may

not be construed to impose liability on an interactive computer

service as defined by 47 U.S.C. Section 230(f) for content provided

by another person.

Sec. 98C.004. LIABILITY FOR ONLINE IMPERSONATION;

EXCEPTION. (a) Except as provided by Subsection (b), a person is

liable to another person injured by the person's online

impersonation if the person knowingly and with the intent to harm,

defraud, intimidate, or threaten the injured person used the online

impersonation to create a false identity.

(b) A person is not liable for an online impersonation of

which the sole purpose is satire or parody.

Sec. 98C.005. DAMAGES. (a) A claimant who prevails in an

action under this chapter shall be awarded actual damages,

including expenditures made by the claimant related to counseling,

identity theft, or libel. The defendant's profits attributable to

the defendant's online impersonation of the claimant may be

considered in the computation of actual damages.

(b) In addition to an award under Subsection (a), a claimant

who prevails in an action under this chapter may recover exemplary

damages of not less than $500.

(c) The court shall award costs and reasonable attorney's

fees to the prevailing party in any action under this chapter.

Sec. 98C.006. INJUNCTIVE RELIEF. A court in which an action

is brought under this chapter, on the motion of a claimant depicted

in the defendant's online impersonation, may issue a temporary

restraining order or a temporary or permanent injunction to

restrain and prevent the online impersonation of the claimant.

Sec. 98C.007. CAUSE OF ACTION CUMULATIVE. The cause of

action created by this chapter is cumulative of any other remedy

provided by common law or statute.

SECTION 2. This Act takes effect September 1, 2025.