The Senate Committee on Government Oversight offered the following
substitute to HB 792:
A BILL TO BE ENTITLED
AN ACT
To amend Part 4 of Article 6 of Chapter 9 of Title 16 of the Official Code of Georgia
Annotated, relating to internet and e-mail fraud, so as to establish criminal offenses of certain
forms of digital fraud on social media platforms; to provide for criminal penalties; to require
social media platform operators to evaluate claims of such fraud; to provide for civil
penalties; to provide for enforcement; to provide for a cause of action and damages; to
provide for definitions; to provide for related matters; to provide for an effective date and
applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Part 4 of Article 6 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated,
relating to internet and e-mail fraud, is amended by adding a new Code section to read as
follows:
<ins>"16-9-109.2.
(a) As used in this Code section, the term:
(1) 'Operator' means any person or entity that runs or operates a social media platform.
</ins>
<ins>(2) 'Social media platform' means an internet website, service, application, or product
that:
(A) Is open to the public;
(B) Allows or enables users to create accounts or communicate or interact with other
users; and
(C) Permits users to create or post content or information, including, but not limited
to, images, videos, video games, or such other content that is viewable or able to be
engaged with by other users.
(b) A person commits the offense of digital identity fraud when, using a social media
platform, such person knowingly and without authorization:
(1) Uses the identity of an individual who is a resident of this state without such
individual's consent, including such individual's name, image, identifying information,
or social media platform profile information to mimic such individual, with the intent to
deceive others, cause harm, or commit fraud; or
(2) Creates a social media platform profile that mimics an individual who is a resident
of this state without such individual's consent, through use of such individual's name,
image, identifying information, or social media platform profile information, with the
intent to use such social media platform profile, or to make it available for use by others,
to deceive others, cause harm, or commit fraud.
(c) A person commits the offense of criminal digital design when, using a social media
platform, such person knowingly and willfully creates interactive content that encourages,
causes, abets, connives, solicits, engages, or aids another in committing any felony which
encompasses force or violence as an element of the offense which would constitute a
felony which encompasses force or violence as an element of the offense.
(d) A person who commits an offense provided in subsection (b) or (c) of this Code section
shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment
</ins>
<ins>for not less than one year nor more than 20 years, a fine of not less than $1,000.00 nor
more than $500,000.00, or both.
(e)(1) Except as provided in subsection (f) of this Code section, an operator that receives
notice that an alleged violation of subsection (b) or (c) of this Code section has occurred
on the social media platform of the operator shall make a good faith effort to complete
an evaluation of the legality of the content or activity at issue within 72 hours of receiving
the notice, excluding hours during a Saturday or Sunday and subject to reasonable
exceptions based on concerns about the legitimacy of the notice.
(2) A violation of any provision of paragraph (1) of this subsection shall be punishable
by a civil fine in an amount not to exceed $5,000.00 for each violation, per day. A
prosecuting attorney or the Attorney General shall be authorized to prosecute the civil
case.
(f)(1) Within 72 hours of receiving a police incident report or other official
communication from a law enforcement officer or agency in this state that is submitted
through a platform's designated mechanism for processing law enforcement requests and
that includes an allegation that content on an operator's social media platform involves
an alleged violation of subsection (b) or (c) of this Code section, such operator shall
promptly restrict from public access all such content or activity. Any failure or refusal by
an operator to restrict public access to all such content within 72 hours, excluding hours
on a Saturday or Sunday, shall constitute a violation of this paragraph.
(2) Police incident reports and other official communications from a law enforcement
officer or agency in this state provided for in this subsection shall be submitted through
a designated mechanism for processing law enforcement requests on the operator's social
media platform and shall include:
(A) Identification of the law enforcement officer or agency in this state submitting such
report or other official communication; and
</ins>
<ins>(B) Clear identification of the victim or account holder, and the profile alleged to have
been the subject of digital identity fraud.
(3) A violation of any provision of paragraph (1) of this subsection shall be punishable
by a civil fine in an amount not to exceed $50,000.00 for each violation, per day. A
prosecuting attorney or the Attorney General shall be authorized to prosecute the civil
case.
(g) Any violation of subsection (b) or (c) of this Code section shall constitute a tort and
shall create a right of action in any person aggrieved by such violation, including, but not
limited to, any person whose identity was used or mimicked, for which damages may be
recovered. Special damages may be inferred by the violation. The remedies provided in this
Code section are in addition to any other procedures or remedies available at law or equity.
Reasonable attorney's fees shall be awarded to the plaintiff where the plaintiff has prevailed
in the underlying action.
(h) It is the intent of the General Assembly that this Code section shall not be construed
or applied to:
(1) Diminish or infringe upon any right of petition or free speech under the Constitution
of the United States or the Constitution of the State of Georgia; or
(2) Prosecute or impose liability upon any operator on the basis that such operator is the
publisher or speaker of content that is alleged to constitute digital identity fraud, digital
marketing fraud, criminal digital design or in any manner that is inconsistent with Section
230 of Chapter 5 of Title 47 of the United States Code."
</ins> SECTION 2.
This Act shall become effective on July 1, 2026, and shall apply to causes of action accruing
on or after such date.
SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.