Amended IN Senate May 10, 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. advisory group.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 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. the Attorney General, not later than April 1, 2019, to establish an advisory group consisting of at least one member of the Department of Justice, as well as Internet-based social media providers, civil liberties advocates, and First Amendment scholars to study the problem of the spread of false information through Internet-based social media platforms, and draft a model strategic plan for Internet-based social media platforms to use to mitigate this problem. The bill would also require the Attorney General to draft potential legislation for mitigating the spread of false information through social media, if the advisory group deems it appropriate, and would authorize the advisory group to consult with the Legislative Counsel and the California Law Revision Commission, among others, for this purpose. The bill would require the Attorney General, by December 31, 2019, to present the results of the study, the model strategic plan, and the proposed legislation, if any, to the Legislature and specified legislative committees.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES 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)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 sites strategic plan to mitigate the spread of false information.3085. The Attorney General shall, not later than April 1, 2019, establish an advisory group consisting of at least one member of the Department of Justice, Internet-based social media providers, civil liberties advocates, and First Amendment scholars, to do all of the following:(a) Study the problem of the spread of false information through Internet-based social media platforms.(b) Draft a model strategic plan for Internet-based social media platforms to use to mitigate the spread of false information through their platforms.(c) Draft potential legislation for mitigating the spread of false information through social media, if the advisory group deems it appropriate. The advisory group may consult with the Legislative Counsel and the California Law Revision Commission, among others, for this purpose.(d) Not later than December 31, 2019, present the results of the study, the model strategic plan, and the proposed legislation, if any, to the Legislature, pursuant to Section 9795 of the Government Code, and to the Assembly and Senate Committees on Judiciary.
Amended IN Senate May 10, 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. advisory group.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 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. the Attorney General, not later than April 1, 2019, to establish an advisory group consisting of at least one member of the Department of Justice, as well as Internet-based social media providers, civil liberties advocates, and First Amendment scholars to study the problem of the spread of false information through Internet-based social media platforms, and draft a model strategic plan for Internet-based social media platforms to use to mitigate this problem. The bill would also require the Attorney General to draft potential legislation for mitigating the spread of false information through social media, if the advisory group deems it appropriate, and would authorize the advisory group to consult with the Legislative Counsel and the California Law Revision Commission, among others, for this purpose. The bill would require the Attorney General, by December 31, 2019, to present the results of the study, the model strategic plan, and the proposed legislation, if any, to the Legislature and specified legislative committees.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NO
Amended IN Senate May 10, 2018 Amended IN Senate April 26, 2018 Amended IN Senate March 22, 2018
Amended IN Senate May 10, 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. advisory group.
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 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. the Attorney General, not later than April 1, 2019, to establish an advisory group consisting of at least one member of the Department of Justice, as well as Internet-based social media providers, civil liberties advocates, and First Amendment scholars to study the problem of the spread of false information through Internet-based social media platforms, and draft a model strategic plan for Internet-based social media platforms to use to mitigate this problem. The bill would also require the Attorney General to draft potential legislation for mitigating the spread of false information through social media, if the advisory group deems it appropriate, and would authorize the advisory group to consult with the Legislative Counsel and the California Law Revision Commission, among others, for this purpose. The bill would require the Attorney General, by December 31, 2019, to present the results of the study, the model strategic plan, and the proposed legislation, if any, to the Legislature and specified legislative committees.
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 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. the Attorney General, not later than April 1, 2019, to establish an advisory group consisting of at least one member of the Department of Justice, as well as Internet-based social media providers, civil liberties advocates, and First Amendment scholars to study the problem of the spread of false information through Internet-based social media platforms, and draft a model strategic plan for Internet-based social media platforms to use to mitigate this problem. The bill would also require the Attorney General to draft potential legislation for mitigating the spread of false information through social media, if the advisory group deems it appropriate, and would authorize the advisory group to consult with the Legislative Counsel and the California Law Revision Commission, among others, for this purpose. The bill would require the Attorney General, by December 31, 2019, to present the results of the study, the model strategic plan, and the proposed legislation, if any, to the Legislature and specified legislative committees.
## 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)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 sites strategic plan to mitigate the spread of false information.3085. The Attorney General shall, not later than April 1, 2019, establish an advisory group consisting of at least one member of the Department of Justice, Internet-based social media providers, civil liberties advocates, and First Amendment scholars, to do all of the following:(a) Study the problem of the spread of false information through Internet-based social media platforms.(b) Draft a model strategic plan for Internet-based social media platforms to use to mitigate the spread of false information through their platforms.(c) Draft potential legislation for mitigating the spread of false information through social media, if the advisory group deems it appropriate. The advisory group may consult with the Legislative Counsel and the California Law Revision Commission, among others, for this purpose.(d) Not later than December 31, 2019, present the results of the study, the model strategic plan, and the proposed legislation, if any, to the Legislature, pursuant to Section 9795 of the Government Code, and to the Assembly and Senate Committees on Judiciary.
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)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 sites strategic plan to mitigate the spread of false information.3085. The Attorney General shall, not later than April 1, 2019, establish an advisory group consisting of at least one member of the Department of Justice, Internet-based social media providers, civil liberties advocates, and First Amendment scholars, to do all of the following:(a) Study the problem of the spread of false information through Internet-based social media platforms.(b) Draft a model strategic plan for Internet-based social media platforms to use to mitigate the spread of false information through their platforms.(c) Draft potential legislation for mitigating the spread of false information through social media, if the advisory group deems it appropriate. The advisory group may consult with the Legislative Counsel and the California Law Revision Commission, among others, for this purpose.(d) Not later than December 31, 2019, present the results of the study, the model strategic plan, and the proposed legislation, if any, to the Legislature, pursuant to Section 9795 of the Government Code, and to the Assembly and Senate Committees on Judiciary.
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)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 sites strategic plan to mitigate the spread of false information.3085. The Attorney General shall, not later than April 1, 2019, establish an advisory group consisting of at least one member of the Department of Justice, Internet-based social media providers, civil liberties advocates, and First Amendment scholars, to do all of the following:(a) Study the problem of the spread of false information through Internet-based social media platforms.(b) Draft a model strategic plan for Internet-based social media platforms to use to mitigate the spread of false information through their platforms.(c) Draft potential legislation for mitigating the spread of false information through social media, if the advisory group deems it appropriate. The advisory group may consult with the Legislative Counsel and the California Law Revision Commission, among others, for this purpose.(d) Not later than December 31, 2019, present the results of the study, the model strategic plan, and the proposed legislation, if any, to the Legislature, pursuant to Section 9795 of the Government Code, and to the Assembly and Senate Committees on Judiciary.
TITLE 14.5. False Information Strategic Plans3085.(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 sites strategic plan to mitigate the spread of false information.3085. The Attorney General shall, not later than April 1, 2019, establish an advisory group consisting of at least one member of the Department of Justice, Internet-based social media providers, civil liberties advocates, and First Amendment scholars, to do all of the following:(a) Study the problem of the spread of false information through Internet-based social media platforms.(b) Draft a model strategic plan for Internet-based social media platforms to use to mitigate the spread of false information through their platforms.(c) Draft potential legislation for mitigating the spread of false information through social media, if the advisory group deems it appropriate. The advisory group may consult with the Legislative Counsel and the California Law Revision Commission, among others, for this purpose.(d) Not later than December 31, 2019, present the results of the study, the model strategic plan, and the proposed legislation, if any, to the Legislature, pursuant to Section 9795 of the Government Code, and to the Assembly and Senate Committees on Judiciary.
TITLE 14.5. False Information Strategic Plans
TITLE 14.5. False Information Strategic Plans
(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 sites strategic plan to mitigate the spread of false information.
3085. The Attorney General shall, not later than April 1, 2019, establish an advisory group consisting of at least one member of the Department of Justice, Internet-based social media providers, civil liberties advocates, and First Amendment scholars, to do all of the following:(a) Study the problem of the spread of false information through Internet-based social media platforms.(b) Draft a model strategic plan for Internet-based social media platforms to use to mitigate the spread of false information through their platforms.(c) Draft potential legislation for mitigating the spread of false information through social media, if the advisory group deems it appropriate. The advisory group may consult with the Legislative Counsel and the California Law Revision Commission, among others, for this purpose.(d) Not later than December 31, 2019, present the results of the study, the model strategic plan, and the proposed legislation, if any, to the Legislature, pursuant to Section 9795 of the Government Code, and to the Assembly and Senate Committees on Judiciary.
3085. The Attorney General shall, not later than April 1, 2019, establish an advisory group consisting of at least one member of the Department of Justice, Internet-based social media providers, civil liberties advocates, and First Amendment scholars, to do all of the following:
(a) Study the problem of the spread of false information through Internet-based social media platforms.
(b) Draft a model strategic plan for Internet-based social media platforms to use to mitigate the spread of false information through their platforms.
(c) Draft potential legislation for mitigating the spread of false information through social media, if the advisory group deems it appropriate. The advisory group may consult with the Legislative Counsel and the California Law Revision Commission, among others, for this purpose.
(d) Not later than December 31, 2019, present the results of the study, the model strategic plan, and the proposed legislation, if any, to the Legislature, pursuant to Section 9795 of the Government Code, and to the Assembly and Senate Committees on Judiciary.