Relating to civil liability for online impersonation.

Contracts

• Master Services Agreements (MSAs): Update agreements with marketing agencies and content creators. Require specific indemnification for claims arising under Texas Civil Practice & Remedies Code Chapter 98C.
• Model Releases: Revise standard releases to explicitly consent to "digital replicas," "AI-generated variations," and "online impersonation." Standard "likeness" clauses may be insufficient for deepfake defenses.
• Employment Agreements: Update social media policies to prohibit employees from creating impersonation content on company time or accounts to mitigate vicarious liability.

Hiring/Training

• AI Protocols: Implement "Human-in-the-Loop" review for all AI-generated marketing materials. Staff must verify that synthetic faces do not accidentally resemble real individuals ("virtually indistinguishable").
• Content Moderation: Train social media teams on the distinction between protected "parody" and actionable "impersonation."

Reporting & Record-Keeping

• Provenance Logs: Maintain audit trails for content creation. In the event of a lawsuit, you must be able to prove an image was synthetically generated or licensed, rather than an unauthorized appropriation of a plaintiff's likeness.
• Parental Consent: If using User-Generated Content (UGC) featuring minors, implement strict verification for parental consent, as the statute creates specific liabilities regarding minors.

Fees & Costs

• Insurance Review: Contact brokers immediately. Liability under this statute requires "intent," which is often excluded from General Liability policies. Verify if Media Liability or Cyber riders cover defense costs for intentional torts.
• Litigation Reserves: The "prevailing party" fee-shifting provision means if you sue to stop an impersonator and lose (e.g., they prove parody), you pay their legal fees.