Technology (Social Media)

HB 5143 prohibits West Virginia higher education institutions (like colleges and universities) from requiring students or employees to share social media login details, change privacy settings, or add staff to their social media contacts. It also bans schools from punishing current students or denying admission/hiring to prospective students for refusing these demands. The law specifically allows schools to view information already publicly available online and does not override federal or state legal requirements. This bill directly affects students and employees of higher education institutions in West Virginia by protecting their private social media content from institutional demands.

SB 454, the "Stop Non-Consensual Distribution of Intimate Deep Fake Media Act," makes it illegal to intentionally distribute deep fake media falsely depicting a person engaging in sexual conduct without their consent, specifically when done to harass, coerce, or damage their reputation. The law applies to anyone distributing such content (e.g., through social media or sharing), while excluding constitutionally protected speech like political satire or works with clear disclaimers that the media is manipulated. Violations carry penalties of up to $10,000 fines or five years in prison for repeat offenses, with lesser penalties for other cases, and allow courts to issue restraining orders to stop ongoing distribution. This directly affects individuals whose images are misused without consent and those creating or sharing non-consensual deep fakes.

HB 4866 creates the West Virginia Public Participation Protection Act, which establishes a legal process to quickly dismiss lawsuits targeting protected public speech. The bill allows defendants to file a "special motion to dismiss" within 60 days if a lawsuit claims to be based on free speech, petitioning government, association on public issues, digital expression (like social media), consumer reviews, or information gathering for expressive works. If the motion is filed, all court proceedings automatically pause until the court rules, and the plaintiff must prove they have a strong case to win. This applies to all pending and future cases involving public concern issues, but excludes state enforcement actions and pure contract disputes without public interest.