HB2874 - Relating to the inclusion of provenance data on content shared on social media platforms.

  89R18087 MLH-D     By: Lalani, Longoria, Ordaz, et al. H.B. No. 2874     Substitute the following for H.B. No. 2874:     By:  Button C.S.H.B. No. 2874       A BILL TO BE ENTITLED   AN ACT   relating to the inclusion of provenance data on content shared on   social media platforms.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  This Act may be cited as the Social Media Content   Transparency Act.          SECTION 2.  Chapter 120, Business & Commerce Code, is   amended by adding Subchapter B-1 to read as follows:   SUBCHAPTER B-1.   PROVENANCE DATA           Sec. 120.081.  DEFINITIONS. In this subchapter:                 (1)     "Artificial intelligence system" means machine   learning and related technology that uses data to train statistical   models for the purpose of enabling computer systems to perform   tasks normally associated with human intelligence or perception,   such as computer vision, speech or natural language processing, and   content generation.                 (2)     "Generative artificial intelligence" means an   artificial intelligence system designed to emulate the structure   and characteristics of provided data to generate derived synthetic   digital content, including images, videos, audio, text, and other   digital content.                 (3)     "Provenance data" means metadata on a file that   can be used to identify:                       (A)  the date and place of the file's origin;                       (B)     the method used to generate the file,   including whether the file was generated using generative   artificial intelligence; or                       (C)     the file's history, including the manner in   which the file has been transmitted or stored.           Sec.   120.082.     CONTENT CREATED ON SOCIAL MEDIA PLATFORM.   (a)   A social media platform shall attach provenance data to each   photo, video, or audio file created on the social media platform or   using tools provided by the social media platform, including tools   that use generative artificial intelligence.           (b)     A social media platform shall retain all provenance data   attached to a photo, video, or audio file under this section.           (c)     Provenance data attached to a photo, video, or audio   file or retained under this section must:                 (1)     be attached and retained in a manner and format   that complies with guidelines or specifications that are:                       (A)     created by an established standard-setting   entity in the industry; and                       (B)     widely adopted by other entities in the   industry;                 (2)     state whether the photo, video, or audio file has   been created or modified using generative artificial intelligence;   and                 (3)     if the photo, video, or audio file was created or   modified using generative artificial intelligence, state the name   of the generative artificial intelligence tool and the name of the   person who provides the tool.           (d)     A social media platform shall provide or contract with a   third party to provide a method by which a user may easily access   the provenance data attached to a photo, video, or audio file under   this section.           (e)     A social media platform is not required to comply with   the provisions of this section if the social media platform   provides to the attorney general clear and convincing documentation   showing that the social media platform:                 (1)     does not have the technological capacity to comply   with the requirements of this section; and                 (2)     is actively taking steps toward obtaining the   technological capacity to comply with the requirements of this   section.           Sec.   120.083.     CONTENT POSTED TO SOCIAL MEDIA PLATFORM. (a)     A social media platform shall attach provenance data to each photo,   video, or audio file posted on the social media platform for which   the social media platform can discern the file's provenance data.           (b)     A social media platform shall retain all provenance data   attached to a photo, video, or audio file under this section.           (c)     Provenance data attached to a photo, video, or audio   file or retained under this section must:                 (1)     be attached and retained in a manner and format   that complies with guidelines or specifications that are:                       (A)     created by an established standard-setting   entity in the industry; and                       (B)     widely adopted by other entities in the   industry;                 (2)     state whether the photo, video, or audio file has   been created or modified using generative artificial intelligence;   and                 (3)     if the photo, video, or audio file was created or   modified using generative artificial intelligence, state the name   of the generative artificial intelligence tool and the name of the   person who provides the tool.           (d)     A social media platform shall provide or contract with a   third party to provide a method by which a user may easily access   the provenance data attached to a photo, video, or audio file under   this section.           (e)     A social media platform is not required to comply with   the provisions of this section if the social media platform   provides to the attorney general clear and convincing documentation   showing that the social media platform:                 (1)     does not have the technological capacity to comply   with the requirements of this section; and                 (2)     is actively taking steps toward obtaining the   technological capacity to comply with the requirements of this   section.           (f)     This section may not be construed to require a social   media platform to independently verify the accuracy or authenticity   of provenance data provided to the social media platform by a third   party or user.           (g)     A social media platform may not be held liable for   inaccurate provenance data attached to a photo, video, or audio   file or retained under this section if:                 (1)     the provenance data was provided to the social   media platform by a third party or user;                 (2)     the social media platform did not knowingly modify   the provenance data;                 (3)     the social media platform relied in good faith on   the provenance data provided; and                 (4)     the social media platform has implemented   reasonable and appropriate measures to comply with the requirements   of this section.          SECTION 3.  This Act takes effect September 1, 2025.