Case: 21-51178 Document: 00516474571 Page: 5 Date Filed: 09/16/2022 No. 21-51178 The other relevant provision of HB 20 is Section 2. It imposes certain disclosure and operational requirements on the Platforms. These requirements fall into three categories. First, Platforms must disclose how they moderate and promote content and publish an “acceptable use policy.” Tex. Bus. & Com. Code §§ 120.051–52. This policy must inform users about the types of content allowed on the Platform, explain how the Platform enforces its policy, and describe how users can notify the Platform of content that violates the policy. Id. § 120.052(b). Platforms must also publish a “biannual transparency report.” Id. § 120.053. This report must contain various high-level statistics related to the Platform’s content-moderation efforts, including the number of instances in which the Platform was alerted to the presence of policy-violating content; how the Platform was so alerted; how many times the Platform acted against such content; and how many such actions were successfully or unsuccessfully appealed. See ibid. Last, Platforms must maintain a complaint-and-appeal system for their users. See id. §§ 120.101–04. When a Platform removes user-submitted content, it must generally explain the reason to the user in a written statement issued concurrently with the removal. Id. § 120.103(a). It also must permit the user to appeal the removal and provide a response to the appeal within 14 business days. Id. § 120.104. Section 2 includes various exceptions to these notice-and-appeal requirements. See id. § 120.103(b). Only the Texas Attorney General may enforce Section 2. Id. § 120.151. The Attorney General may seek injunctive relief but not damages. Ibid. B. NetChoice and the Computer & Communications Industry Association are trade associations representing companies that operate 5

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