HB792: HB792 Courts; increase amount of magistrate court claims from $15,000.00 to $30,000.00

Although HB 792 was originally filed to raise the dollar limit on magistrate court claims, the version reflected in this text is a Senate committee substitute that addresses a different subject entirely: fraud and impersonation on social media platforms. The bill creates two new crimes, digital identity fraud and criminal digital design, under Georgia's internet and e-mail fraud laws (O.C.G.A. Title 16, Chapter 9, Article 6, Part 4). It makes it a felony to use or mimic a Georgia resident's identity on a social media platform without consent to deceive, harm, or defraud someone, or to create interactive content that helps another person commit a violent felony. The bill also requires social media companies to investigate reported violations within set deadlines and to block flagged content when notified by Georgia law enforcement, backed by civil fines. It creates a civil lawsuit right for victims, including attorney's fees, and states the law should not be read to override free speech protections or federal Section 230 protections for platforms. It would take effect July 1, 2026.

• Creates a new felony, digital identity fraud, for using or mimicking a Georgia resident's identity on social media without consent to deceive, harm, or commit fraud, punishable by 1 to 20 years in prison and a fine of $1,000 to $500,000.
• Creates a second new felony, criminal digital design, for knowingly creating content that helps someone commit a violent felony, with the same penalty range.
• Requires social media platform operators to evaluate reported violations within 72 business hours and imposes civil fines up to $5,000 per day per violation for failing to do so.
• Requires operators to restrict public access to flagged content within 72 business hours of receiving a law enforcement report, with civil fines up to $50,000 per day per violation for noncompliance.
• Creates a civil right of action for victims of digital identity fraud or criminal digital design, allowing damages and attorney's fees for a prevailing plaintiff.
• Clarifies the law should not be read to limit free speech rights or to hold platforms liable as publishers in a way inconsistent with federal Section 230 protections.

Social media platform operators that must investigate and remove flagged content, individuals whose identities or images are used or mimicked online without consent, people who create fraudulent or impersonating content, Georgia law enforcement agencies and prosecutors, and victims who could sue for damages.

If enacted, Georgians impersonated on social media could face criminal penalties against wrongdoers and could sue for damages, while platforms would face new legal deadlines and fines for failing to investigate or remove reported fraudulent content, changing how quickly such content gets addressed.

• Adds new Code Section 16-9-109.2 defining 'operator' and 'social media platform' for purposes of the new offenses.
• Subsection (b) creates the felony of digital identity fraud for using or mimicking a Georgia resident's identity on social media without consent to deceive, harm, or commit fraud.
• Subsection (c) creates the felony of criminal digital design for creating interactive content that aids a violent felony.
• Subsection (d) sets penalties of 1 to 20 years imprisonment and fines of $1,000 to $500,000 for either offense.
• Subsection (e) requires operators to evaluate reported violations within 72 business hours or face civil fines up to $5,000 per day.
• Subsection (f) requires operators to restrict access to flagged content within 72 business hours of a law enforcement report or face civil fines up to $50,000 per day.
• Subsection (g) creates a civil cause of action for victims, allowing damages and attorney's fees.
• Section 2 sets the effective date as July 1, 2026, applying to causes of action accruing on or after that date.

1. 2026-03-27Senate Read Second Time (Senate)
2. 2026-03-27Senate Committee Favorably Reported By Substitute (Senate)
3. 2026-03-25Senate Withdrawn & Recommitted (Senate)
4. 2026-02-26Senate Read and Referred (Senate)
5. 2026-02-25House Passed/Adopted By Substitute (House)
6. 2026-02-25House Third Readers (House)
7. 2026-02-19House Committee Favorably Reported By Substitute (House)
8. 2025-03-21House Second Readers (House)

• Martin Momtahan (R, HD-017)Primary sponsor
• Matthew Gambill (R, HD-015)
• Stan Gunter (R, HD-008)
• Tyler Smith (R, HD-018)
• Soo Hong (R, HD-103)
• Mitchell Scoggins (R, HD-014)
• Timothy Bearden (R, SD-030)

1. PassedHouse voteFebruary 25, 2026

   170 yea, 0 nay (4 not voting, 3 absent)

   Passage: House Vote #553

• social media fraud
• identity theft
• criminal law
• internet law
• consumer protection