§ 98C.003.Construction of Chapter
Title 4. Liability in Tort · Chapter 98C. Liability for Online Impersonation · Last amended 2025 · Last verified August 29, 2026
Full Text of § 98C.003
Plain-English Summary
The Section 230 acknowledgment, in the same form as the intimate visual material chapter's.
The 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.
A platform is not liable for its users' impersonations. Liability under this chapter runs against the person who created the false identity, not against the service where it appeared.
As with the intimate visual material chapter, the exclusion reflects federal preemption rather than a policy choice available to the Legislature. Section 230 bars treating an interactive computer service as the publisher of information provided by another content provider.
Note the phrasing. This section says the chapter may not be construed to impose liability; the intimate visual material chapter says it does not apply to a claim against such a service. The formulations differ slightly and reach the same result.
What the exclusion leaves untouched is the impersonator. The person who used another's name, voice, signature, or likeness is fully liable, and the injunctive relief section allows a court to restrain the impersonation directly — which in practice is what causes the platform to remove it.
Frequently Asked Questions
Is a social media platform liable for user impersonation?
No. The chapter may not be construed to impose liability on an interactive computer service for content provided by another person.
Who is liable then?
The person who created the false identity. The injunctive relief section also allows a court to restrain the impersonation.
Why does the chapter acknowledge Section 230?
Federal law bars treating an interactive computer service as the publisher of information provided by another content provider.
Amendment History
- Added by Acts 2025, 89th Leg., R.S., Ch. 927 (H.B. 783), Sec. 1, eff. September 1, 2025.