California 2017 2017-2018 Regular Session

California Senate Bill SB1424 Amended / Bill

Filed 04/26/2018

                    Amended IN  Senate  April 26, 2018 Amended IN  Senate  March 22, 2018 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Senate Bill No. 1424Introduced by Senator PanFebruary 16, 2018An act to add Title 14.5 (commencing with Section 3085) to Part 4 of Division 3 of the Civil Code, relating to the Internet.LEGISLATIVE COUNSEL'S DIGESTSB 1424, as amended, Pan. Internet: social media: false information: strategic plan. information.Existing law prohibits a person, among others, from making or disseminating in any advertising device, or in any manner or means whatever, including over the Internet, any statement concerning real or personal property or services that is untrue or misleading, as specified. This bill would require any person who operates a social media, as defined, Internet Web site with a physical presence in California to develop a strategic plan to verify news stories shared on its Web site. The bill would require the plan to include, among other things, a plan to mitigate the spread of false information through news stories, the utilization of fact-checkers to verify news stories, providing outreach to social media users, and placing a warning on a news story containing false information. prominently display a link on the site to a disclosure informing users how the site determines what content to display to the user, the order in which content is displayed, and the format in which contentis displayed, and to inform users of the sites strategic plan to mitigate the spread of false information, among other things. With respect to a social media Internet Web site that utilizes factcheckers to verify the accuracy of news stories, the bill would require the disclosure to state what policies and practices the factcheckers use to determine whether news stories are accurate and what the site does with the content that the factcheckers determine is not accurate.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: NO  Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Title 14.5 (commencing with Section 3085) is added to Part 4 of Division 3 of the Civil Code, to read:TITLE 14.5. False Information Strategic Plans3085.(a)Any person who operates a3085. (a) As used in this section, social media means an electronic service or account, or electronic content, including, but not limited to, videos, still photographs, blogs, video blogs, podcasts, instant and text messages, e-mail, online services or accounts, or Internet Web site profiles or locations.(b) Any person who operates a social media Internet Web site with a physical presence in California shall prominently display a link on the site to a disclosure informing users, in plain language, of all of the following:(1) How, and on what basis, the social media Internet Web site determines what content to display to the user, the order in which content is displayed, and the format in which content is displayed.(2) Whether the social media Internet Web site enables other parties to influence, through payment or the use of automated accounts, what content is displayed to a user, the order in which content is displayed, or the format in which content is displayed, and specifically how such influence may be exerted by the other party on the content displayed.(3) Whether the social media Internet Web site allows the user to alter the settings that determine what content is displayed to the user, the order in which the content is displayed, or the format in which content is displayed, and how the user can alter these settings.(4) Whether the social media Internet Web site utilizes factcheckers to verify the accuracy of news stories. If the social media Internet Web site utilizes factcheckers for that purpose, the disclosure shall state both of the following:(A) What policies and practices the factcheckers use to determine whether news stories are accurate.(B) What the social media Internet Web site does with content that its factcheckers determine is not accurate.(5) The social media Internet Web site with physical presence in California shall develop a sites strategic plan to verify news stories shared on its Internet Web site. mitigate the spread of false information.(b)The strategic plan shall include, but is not limited to, all of the following:(1)A plan to mitigate the spread of false information through news stories.(2)The utilization of fact-checkers to verify news stories.(3)Providing outreach to social media users regarding news stories containing false information.(4)Placing a warning on a news story containing false information.(c)As used in this section, social media means an electronic service or account, or electronic content, including, but not limited to, videos, still photographs, blogs, video blogs, podcasts, instant and text messages, email, online services or accounts, or Internet Web site profiles or locations. 

 Amended IN  Senate  April 26, 2018 Amended IN  Senate  March 22, 2018 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Senate Bill No. 1424Introduced by Senator PanFebruary 16, 2018An act to add Title 14.5 (commencing with Section 3085) to Part 4 of Division 3 of the Civil Code, relating to the Internet.LEGISLATIVE COUNSEL'S DIGESTSB 1424, as amended, Pan. Internet: social media: false information: strategic plan. information.Existing law prohibits a person, among others, from making or disseminating in any advertising device, or in any manner or means whatever, including over the Internet, any statement concerning real or personal property or services that is untrue or misleading, as specified. This bill would require any person who operates a social media, as defined, Internet Web site with a physical presence in California to develop a strategic plan to verify news stories shared on its Web site. The bill would require the plan to include, among other things, a plan to mitigate the spread of false information through news stories, the utilization of fact-checkers to verify news stories, providing outreach to social media users, and placing a warning on a news story containing false information. prominently display a link on the site to a disclosure informing users how the site determines what content to display to the user, the order in which content is displayed, and the format in which contentis displayed, and to inform users of the sites strategic plan to mitigate the spread of false information, among other things. With respect to a social media Internet Web site that utilizes factcheckers to verify the accuracy of news stories, the bill would require the disclosure to state what policies and practices the factcheckers use to determine whether news stories are accurate and what the site does with the content that the factcheckers determine is not accurate.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: NO  Local Program: NO 

 Amended IN  Senate  April 26, 2018 Amended IN  Senate  March 22, 2018

Amended IN  Senate  April 26, 2018
Amended IN  Senate  March 22, 2018

 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION

Senate Bill No. 1424

Introduced by Senator PanFebruary 16, 2018

Introduced by Senator Pan
February 16, 2018

An act to add Title 14.5 (commencing with Section 3085) to Part 4 of Division 3 of the Civil Code, relating to the Internet.

LEGISLATIVE COUNSEL'S DIGEST

## LEGISLATIVE COUNSEL'S DIGEST

SB 1424, as amended, Pan. Internet: social media: false information: strategic plan. information.

Existing law prohibits a person, among others, from making or disseminating in any advertising device, or in any manner or means whatever, including over the Internet, any statement concerning real or personal property or services that is untrue or misleading, as specified. This bill would require any person who operates a social media, as defined, Internet Web site with a physical presence in California to develop a strategic plan to verify news stories shared on its Web site. The bill would require the plan to include, among other things, a plan to mitigate the spread of false information through news stories, the utilization of fact-checkers to verify news stories, providing outreach to social media users, and placing a warning on a news story containing false information. prominently display a link on the site to a disclosure informing users how the site determines what content to display to the user, the order in which content is displayed, and the format in which contentis displayed, and to inform users of the sites strategic plan to mitigate the spread of false information, among other things. With respect to a social media Internet Web site that utilizes factcheckers to verify the accuracy of news stories, the bill would require the disclosure to state what policies and practices the factcheckers use to determine whether news stories are accurate and what the site does with the content that the factcheckers determine is not accurate.

Existing law prohibits a person, among others, from making or disseminating in any advertising device, or in any manner or means whatever, including over the Internet, any statement concerning real or personal property or services that is untrue or misleading, as specified. 

This bill would require any person who operates a social media, as defined, Internet Web site with a physical presence in California to develop a strategic plan to verify news stories shared on its Web site. The bill would require the plan to include, among other things, a plan to mitigate the spread of false information through news stories, the utilization of fact-checkers to verify news stories, providing outreach to social media users, and placing a warning on a news story containing false information. prominently display a link on the site to a disclosure informing users how the site determines what content to display to the user, the order in which content is displayed, and the format in which contentis displayed, and to inform users of the sites strategic plan to mitigate the spread of false information, among other things. With respect to a social media Internet Web site that utilizes factcheckers to verify the accuracy of news stories, the bill would require the disclosure to state what policies and practices the factcheckers use to determine whether news stories are accurate and what the site does with the content that the factcheckers determine is not accurate.

## Digest Key

## Bill Text

The people of the State of California do enact as follows:SECTION 1. Title 14.5 (commencing with Section 3085) is added to Part 4 of Division 3 of the Civil Code, to read:TITLE 14.5. False Information Strategic Plans3085.(a)Any person who operates a3085. (a) As used in this section, social media means an electronic service or account, or electronic content, including, but not limited to, videos, still photographs, blogs, video blogs, podcasts, instant and text messages, e-mail, online services or accounts, or Internet Web site profiles or locations.(b) Any person who operates a social media Internet Web site with a physical presence in California shall prominently display a link on the site to a disclosure informing users, in plain language, of all of the following:(1) How, and on what basis, the social media Internet Web site determines what content to display to the user, the order in which content is displayed, and the format in which content is displayed.(2) Whether the social media Internet Web site enables other parties to influence, through payment or the use of automated accounts, what content is displayed to a user, the order in which content is displayed, or the format in which content is displayed, and specifically how such influence may be exerted by the other party on the content displayed.(3) Whether the social media Internet Web site allows the user to alter the settings that determine what content is displayed to the user, the order in which the content is displayed, or the format in which content is displayed, and how the user can alter these settings.(4) Whether the social media Internet Web site utilizes factcheckers to verify the accuracy of news stories. If the social media Internet Web site utilizes factcheckers for that purpose, the disclosure shall state both of the following:(A) What policies and practices the factcheckers use to determine whether news stories are accurate.(B) What the social media Internet Web site does with content that its factcheckers determine is not accurate.(5) The social media Internet Web site with physical presence in California shall develop a sites strategic plan to verify news stories shared on its Internet Web site. mitigate the spread of false information.(b)The strategic plan shall include, but is not limited to, all of the following:(1)A plan to mitigate the spread of false information through news stories.(2)The utilization of fact-checkers to verify news stories.(3)Providing outreach to social media users regarding news stories containing false information.(4)Placing a warning on a news story containing false information.(c)As used in this section, social media means an electronic service or account, or electronic content, including, but not limited to, videos, still photographs, blogs, video blogs, podcasts, instant and text messages, email, online services or accounts, or Internet Web site profiles or locations. 

The people of the State of California do enact as follows:

## The people of the State of California do enact as follows:

SECTION 1. Title 14.5 (commencing with Section 3085) is added to Part 4 of Division 3 of the Civil Code, to read:TITLE 14.5. False Information Strategic Plans3085.(a)Any person who operates a3085. (a) As used in this section, social media means an electronic service or account, or electronic content, including, but not limited to, videos, still photographs, blogs, video blogs, podcasts, instant and text messages, e-mail, online services or accounts, or Internet Web site profiles or locations.(b) Any person who operates a social media Internet Web site with a physical presence in California shall prominently display a link on the site to a disclosure informing users, in plain language, of all of the following:(1) How, and on what basis, the social media Internet Web site determines what content to display to the user, the order in which content is displayed, and the format in which content is displayed.(2) Whether the social media Internet Web site enables other parties to influence, through payment or the use of automated accounts, what content is displayed to a user, the order in which content is displayed, or the format in which content is displayed, and specifically how such influence may be exerted by the other party on the content displayed.(3) Whether the social media Internet Web site allows the user to alter the settings that determine what content is displayed to the user, the order in which the content is displayed, or the format in which content is displayed, and how the user can alter these settings.(4) Whether the social media Internet Web site utilizes factcheckers to verify the accuracy of news stories. If the social media Internet Web site utilizes factcheckers for that purpose, the disclosure shall state both of the following:(A) What policies and practices the factcheckers use to determine whether news stories are accurate.(B) What the social media Internet Web site does with content that its factcheckers determine is not accurate.(5) The social media Internet Web site with physical presence in California shall develop a sites strategic plan to verify news stories shared on its Internet Web site. mitigate the spread of false information.(b)The strategic plan shall include, but is not limited to, all of the following:(1)A plan to mitigate the spread of false information through news stories.(2)The utilization of fact-checkers to verify news stories.(3)Providing outreach to social media users regarding news stories containing false information.(4)Placing a warning on a news story containing false information.(c)As used in this section, social media means an electronic service or account, or electronic content, including, but not limited to, videos, still photographs, blogs, video blogs, podcasts, instant and text messages, email, online services or accounts, or Internet Web site profiles or locations. 

SECTION 1. Title 14.5 (commencing with Section 3085) is added to Part 4 of Division 3 of the Civil Code, to read:

### SECTION 1.

TITLE 14.5. False Information Strategic Plans3085.(a)Any person who operates a3085. (a) As used in this section, social media means an electronic service or account, or electronic content, including, but not limited to, videos, still photographs, blogs, video blogs, podcasts, instant and text messages, e-mail, online services or accounts, or Internet Web site profiles or locations.(b) Any person who operates a social media Internet Web site with a physical presence in California shall prominently display a link on the site to a disclosure informing users, in plain language, of all of the following:(1) How, and on what basis, the social media Internet Web site determines what content to display to the user, the order in which content is displayed, and the format in which content is displayed.(2) Whether the social media Internet Web site enables other parties to influence, through payment or the use of automated accounts, what content is displayed to a user, the order in which content is displayed, or the format in which content is displayed, and specifically how such influence may be exerted by the other party on the content displayed.(3) Whether the social media Internet Web site allows the user to alter the settings that determine what content is displayed to the user, the order in which the content is displayed, or the format in which content is displayed, and how the user can alter these settings.(4) Whether the social media Internet Web site utilizes factcheckers to verify the accuracy of news stories. If the social media Internet Web site utilizes factcheckers for that purpose, the disclosure shall state both of the following:(A) What policies and practices the factcheckers use to determine whether news stories are accurate.(B) What the social media Internet Web site does with content that its factcheckers determine is not accurate.(5) The social media Internet Web site with physical presence in California shall develop a sites strategic plan to verify news stories shared on its Internet Web site. mitigate the spread of false information.(b)The strategic plan shall include, but is not limited to, all of the following:(1)A plan to mitigate the spread of false information through news stories.(2)The utilization of fact-checkers to verify news stories.(3)Providing outreach to social media users regarding news stories containing false information.(4)Placing a warning on a news story containing false information.(c)As used in this section, social media means an electronic service or account, or electronic content, including, but not limited to, videos, still photographs, blogs, video blogs, podcasts, instant and text messages, email, online services or accounts, or Internet Web site profiles or locations. 

TITLE 14.5. False Information Strategic Plans3085.(a)Any person who operates a3085. (a) As used in this section, social media means an electronic service or account, or electronic content, including, but not limited to, videos, still photographs, blogs, video blogs, podcasts, instant and text messages, e-mail, online services or accounts, or Internet Web site profiles or locations.(b) Any person who operates a social media Internet Web site with a physical presence in California shall prominently display a link on the site to a disclosure informing users, in plain language, of all of the following:(1) How, and on what basis, the social media Internet Web site determines what content to display to the user, the order in which content is displayed, and the format in which content is displayed.(2) Whether the social media Internet Web site enables other parties to influence, through payment or the use of automated accounts, what content is displayed to a user, the order in which content is displayed, or the format in which content is displayed, and specifically how such influence may be exerted by the other party on the content displayed.(3) Whether the social media Internet Web site allows the user to alter the settings that determine what content is displayed to the user, the order in which the content is displayed, or the format in which content is displayed, and how the user can alter these settings.(4) Whether the social media Internet Web site utilizes factcheckers to verify the accuracy of news stories. If the social media Internet Web site utilizes factcheckers for that purpose, the disclosure shall state both of the following:(A) What policies and practices the factcheckers use to determine whether news stories are accurate.(B) What the social media Internet Web site does with content that its factcheckers determine is not accurate.(5) The social media Internet Web site with physical presence in California shall develop a sites strategic plan to verify news stories shared on its Internet Web site. mitigate the spread of false information.(b)The strategic plan shall include, but is not limited to, all of the following:(1)A plan to mitigate the spread of false information through news stories.(2)The utilization of fact-checkers to verify news stories.(3)Providing outreach to social media users regarding news stories containing false information.(4)Placing a warning on a news story containing false information.(c)As used in this section, social media means an electronic service or account, or electronic content, including, but not limited to, videos, still photographs, blogs, video blogs, podcasts, instant and text messages, email, online services or accounts, or Internet Web site profiles or locations. 

TITLE 14.5. False Information Strategic Plans

TITLE 14.5. False Information Strategic Plans



(a)Any person who operates a



3085. (a) As used in this section, social media means an electronic service or account, or electronic content, including, but not limited to, videos, still photographs, blogs, video blogs, podcasts, instant and text messages, e-mail, online services or accounts, or Internet Web site profiles or locations.(b) Any person who operates a social media Internet Web site with a physical presence in California shall prominently display a link on the site to a disclosure informing users, in plain language, of all of the following:(1) How, and on what basis, the social media Internet Web site determines what content to display to the user, the order in which content is displayed, and the format in which content is displayed.(2) Whether the social media Internet Web site enables other parties to influence, through payment or the use of automated accounts, what content is displayed to a user, the order in which content is displayed, or the format in which content is displayed, and specifically how such influence may be exerted by the other party on the content displayed.(3) Whether the social media Internet Web site allows the user to alter the settings that determine what content is displayed to the user, the order in which the content is displayed, or the format in which content is displayed, and how the user can alter these settings.(4) Whether the social media Internet Web site utilizes factcheckers to verify the accuracy of news stories. If the social media Internet Web site utilizes factcheckers for that purpose, the disclosure shall state both of the following:(A) What policies and practices the factcheckers use to determine whether news stories are accurate.(B) What the social media Internet Web site does with content that its factcheckers determine is not accurate.(5) The social media Internet Web site with physical presence in California shall develop a sites strategic plan to verify news stories shared on its Internet Web site. mitigate the spread of false information.(b)The strategic plan shall include, but is not limited to, all of the following:(1)A plan to mitigate the spread of false information through news stories.(2)The utilization of fact-checkers to verify news stories.(3)Providing outreach to social media users regarding news stories containing false information.(4)Placing a warning on a news story containing false information.(c)As used in this section, social media means an electronic service or account, or electronic content, including, but not limited to, videos, still photographs, blogs, video blogs, podcasts, instant and text messages, email, online services or accounts, or Internet Web site profiles or locations. 

3085. (a) As used in this section, social media means an electronic service or account, or electronic content, including, but not limited to, videos, still photographs, blogs, video blogs, podcasts, instant and text messages, e-mail, online services or accounts, or Internet Web site profiles or locations.(b) Any person who operates a social media Internet Web site with a physical presence in California shall prominently display a link on the site to a disclosure informing users, in plain language, of all of the following:(1) How, and on what basis, the social media Internet Web site determines what content to display to the user, the order in which content is displayed, and the format in which content is displayed.(2) Whether the social media Internet Web site enables other parties to influence, through payment or the use of automated accounts, what content is displayed to a user, the order in which content is displayed, or the format in which content is displayed, and specifically how such influence may be exerted by the other party on the content displayed.(3) Whether the social media Internet Web site allows the user to alter the settings that determine what content is displayed to the user, the order in which the content is displayed, or the format in which content is displayed, and how the user can alter these settings.(4) Whether the social media Internet Web site utilizes factcheckers to verify the accuracy of news stories. If the social media Internet Web site utilizes factcheckers for that purpose, the disclosure shall state both of the following:(A) What policies and practices the factcheckers use to determine whether news stories are accurate.(B) What the social media Internet Web site does with content that its factcheckers determine is not accurate.

3085. (a) As used in this section, social media means an electronic service or account, or electronic content, including, but not limited to, videos, still photographs, blogs, video blogs, podcasts, instant and text messages, e-mail, online services or accounts, or Internet Web site profiles or locations.

(b) Any person who operates a social media Internet Web site with a physical presence in California shall prominently display a link on the site to a disclosure informing users, in plain language, of all of the following:

(1) How, and on what basis, the social media Internet Web site determines what content to display to the user, the order in which content is displayed, and the format in which content is displayed.

(2) Whether the social media Internet Web site enables other parties to influence, through payment or the use of automated accounts, what content is displayed to a user, the order in which content is displayed, or the format in which content is displayed, and specifically how such influence may be exerted by the other party on the content displayed.

(3) Whether the social media Internet Web site allows the user to alter the settings that determine what content is displayed to the user, the order in which the content is displayed, or the format in which content is displayed, and how the user can alter these settings.

(4) Whether the social media Internet Web site utilizes factcheckers to verify the accuracy of news stories. If the social media Internet Web site utilizes factcheckers for that purpose, the disclosure shall state both of the following:

(A) What policies and practices the factcheckers use to determine whether news stories are accurate.

(B) What the social media Internet Web site does with content that its factcheckers determine is not accurate.

(5) The social media Internet Web site with physical presence in California shall develop a sites strategic plan to verify news stories shared on its Internet Web site. mitigate the spread of false information.

(b)The strategic plan shall include, but is not limited to, all of the following:



(1)A plan to mitigate the spread of false information through news stories.



(2)The utilization of fact-checkers to verify news stories.



(3)Providing outreach to social media users regarding news stories containing false information.



(4)Placing a warning on a news story containing false information.



(c)As used in this section, social media means an electronic service or account, or electronic content, including, but not limited to, videos, still photographs, blogs, video blogs, podcasts, instant and text messages, email, online services or accounts, or Internet Web site profiles or locations.