| 1 | 1 | | CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 2391Introduced by Assembly Member GallagherFebruary 18, 2020 An act to add Title 15.5 (commencing with Section 3200) to Part 4 of Division 3 of the Civil Code, relating to the internet.LEGISLATIVE COUNSEL'S DIGESTAB 2391, as introduced, Gallagher. Internet: social media or search engine service: censorship.Existing law prohibits an internet service provider from blocking or impairing lawful internet content and applications, engaging in paid prioritization, or unreasonably interfering with a users ability to access and use lawful internet content.This bill would prohibit a person who operates a social media internet website located in California, as defined, from removing or manipulating content from that site on the basis of the political affiliation or political viewpoint of that content. However, the bill would authorize a site to remove content of a political nature if the sites content is limited to the promotion of only certain political viewpoints and the content is inconsistent with those viewpoints or the content violates the sites community values, provided that the content limitation and community values are clearly stated in the user terms and conditions. The bill would specify that it does not prohibit a social media internet website from removing content or communications that are obscene, threatening or harassing, advocate violence, or purport to state factual information that is demonstrably false.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 15.5 (commencing with Section 3200) is added to Part 4 of Division 3 of the Civil Code, to read:TITLE 15.5. Internet Censorship3200. (a) A person who operates a social media internet website located in California shall not remove or manipulate content from that internet website on the basis of the political affiliation or political viewpoint of that content.(b) Notwithstanding subdivision (a), a social media internet website may remove content of a political nature if, consistent with its user terms and conditions, the social media internet websites content is limited to the promotion of only certain political viewpoints and the content is inconsistent with those viewpoints or the content violates the social media internet websites community values. The social media internet website shall clearly state a limitation to the promotion of only certain political viewpoints and its community values in its user terms and conditions.(c) This section does not prohibit a social media internet website from removing content or communications that are obscene, threatening or harassing to another user, advocate violence, or purport to state factual information that is demonstrably false. (d) As used in this section:(1) Located in California means, to the extent consistent with federal law, either the person operating the services described in subdivision (a) above maintains a business in the state, or the user of that service is located in the stste.(2) Social media means an electronic service or account held open to the general public to post, in either a public or semipublic page dedicated to a particular user, electronic content or communication, including, but not limited to, videos, still photographs, or messages, intended to facilitate the sharing of information, ideas, personal messages, and other content. |
|---|
| 2 | 2 | | |
|---|
| 3 | 3 | | CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 2391Introduced by Assembly Member GallagherFebruary 18, 2020 An act to add Title 15.5 (commencing with Section 3200) to Part 4 of Division 3 of the Civil Code, relating to the internet.LEGISLATIVE COUNSEL'S DIGESTAB 2391, as introduced, Gallagher. Internet: social media or search engine service: censorship.Existing law prohibits an internet service provider from blocking or impairing lawful internet content and applications, engaging in paid prioritization, or unreasonably interfering with a users ability to access and use lawful internet content.This bill would prohibit a person who operates a social media internet website located in California, as defined, from removing or manipulating content from that site on the basis of the political affiliation or political viewpoint of that content. However, the bill would authorize a site to remove content of a political nature if the sites content is limited to the promotion of only certain political viewpoints and the content is inconsistent with those viewpoints or the content violates the sites community values, provided that the content limitation and community values are clearly stated in the user terms and conditions. The bill would specify that it does not prohibit a social media internet website from removing content or communications that are obscene, threatening or harassing, advocate violence, or purport to state factual information that is demonstrably false.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | |
|---|
| 6 | 6 | | |
|---|
| 7 | 7 | | |
|---|
| 8 | 8 | | |
|---|
| 9 | 9 | | CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION |
|---|
| 10 | 10 | | |
|---|
| 11 | 11 | | Assembly Bill |
|---|
| 12 | 12 | | |
|---|
| 13 | 13 | | No. 2391 |
|---|
| 14 | 14 | | |
|---|
| 15 | 15 | | Introduced by Assembly Member GallagherFebruary 18, 2020 |
|---|
| 16 | 16 | | |
|---|
| 17 | 17 | | Introduced by Assembly Member Gallagher |
|---|
| 18 | 18 | | February 18, 2020 |
|---|
| 19 | 19 | | |
|---|
| 20 | 20 | | An act to add Title 15.5 (commencing with Section 3200) to Part 4 of Division 3 of the Civil Code, relating to the internet. |
|---|
| 21 | 21 | | |
|---|
| 22 | 22 | | LEGISLATIVE COUNSEL'S DIGEST |
|---|
| 23 | 23 | | |
|---|
| 24 | 24 | | ## LEGISLATIVE COUNSEL'S DIGEST |
|---|
| 25 | 25 | | |
|---|
| 26 | 26 | | AB 2391, as introduced, Gallagher. Internet: social media or search engine service: censorship. |
|---|
| 27 | 27 | | |
|---|
| 28 | 28 | | Existing law prohibits an internet service provider from blocking or impairing lawful internet content and applications, engaging in paid prioritization, or unreasonably interfering with a users ability to access and use lawful internet content.This bill would prohibit a person who operates a social media internet website located in California, as defined, from removing or manipulating content from that site on the basis of the political affiliation or political viewpoint of that content. However, the bill would authorize a site to remove content of a political nature if the sites content is limited to the promotion of only certain political viewpoints and the content is inconsistent with those viewpoints or the content violates the sites community values, provided that the content limitation and community values are clearly stated in the user terms and conditions. The bill would specify that it does not prohibit a social media internet website from removing content or communications that are obscene, threatening or harassing, advocate violence, or purport to state factual information that is demonstrably false. |
|---|
| 29 | 29 | | |
|---|
| 30 | 30 | | Existing law prohibits an internet service provider from blocking or impairing lawful internet content and applications, engaging in paid prioritization, or unreasonably interfering with a users ability to access and use lawful internet content. |
|---|
| 31 | 31 | | |
|---|
| 32 | 32 | | This bill would prohibit a person who operates a social media internet website located in California, as defined, from removing or manipulating content from that site on the basis of the political affiliation or political viewpoint of that content. However, the bill would authorize a site to remove content of a political nature if the sites content is limited to the promotion of only certain political viewpoints and the content is inconsistent with those viewpoints or the content violates the sites community values, provided that the content limitation and community values are clearly stated in the user terms and conditions. The bill would specify that it does not prohibit a social media internet website from removing content or communications that are obscene, threatening or harassing, advocate violence, or purport to state factual information that is demonstrably false. |
|---|
| 33 | 33 | | |
|---|
| 34 | 34 | | ## Digest Key |
|---|
| 35 | 35 | | |
|---|
| 36 | 36 | | ## Bill Text |
|---|
| 37 | 37 | | |
|---|
| 38 | 38 | | The people of the State of California do enact as follows:SECTION 1. Title 15.5 (commencing with Section 3200) is added to Part 4 of Division 3 of the Civil Code, to read:TITLE 15.5. Internet Censorship3200. (a) A person who operates a social media internet website located in California shall not remove or manipulate content from that internet website on the basis of the political affiliation or political viewpoint of that content.(b) Notwithstanding subdivision (a), a social media internet website may remove content of a political nature if, consistent with its user terms and conditions, the social media internet websites content is limited to the promotion of only certain political viewpoints and the content is inconsistent with those viewpoints or the content violates the social media internet websites community values. The social media internet website shall clearly state a limitation to the promotion of only certain political viewpoints and its community values in its user terms and conditions.(c) This section does not prohibit a social media internet website from removing content or communications that are obscene, threatening or harassing to another user, advocate violence, or purport to state factual information that is demonstrably false. (d) As used in this section:(1) Located in California means, to the extent consistent with federal law, either the person operating the services described in subdivision (a) above maintains a business in the state, or the user of that service is located in the stste.(2) Social media means an electronic service or account held open to the general public to post, in either a public or semipublic page dedicated to a particular user, electronic content or communication, including, but not limited to, videos, still photographs, or messages, intended to facilitate the sharing of information, ideas, personal messages, and other content. |
|---|
| 39 | 39 | | |
|---|
| 40 | 40 | | The people of the State of California do enact as follows: |
|---|
| 41 | 41 | | |
|---|
| 42 | 42 | | ## The people of the State of California do enact as follows: |
|---|
| 43 | 43 | | |
|---|
| 44 | 44 | | SECTION 1. Title 15.5 (commencing with Section 3200) is added to Part 4 of Division 3 of the Civil Code, to read:TITLE 15.5. Internet Censorship3200. (a) A person who operates a social media internet website located in California shall not remove or manipulate content from that internet website on the basis of the political affiliation or political viewpoint of that content.(b) Notwithstanding subdivision (a), a social media internet website may remove content of a political nature if, consistent with its user terms and conditions, the social media internet websites content is limited to the promotion of only certain political viewpoints and the content is inconsistent with those viewpoints or the content violates the social media internet websites community values. The social media internet website shall clearly state a limitation to the promotion of only certain political viewpoints and its community values in its user terms and conditions.(c) This section does not prohibit a social media internet website from removing content or communications that are obscene, threatening or harassing to another user, advocate violence, or purport to state factual information that is demonstrably false. (d) As used in this section:(1) Located in California means, to the extent consistent with federal law, either the person operating the services described in subdivision (a) above maintains a business in the state, or the user of that service is located in the stste.(2) Social media means an electronic service or account held open to the general public to post, in either a public or semipublic page dedicated to a particular user, electronic content or communication, including, but not limited to, videos, still photographs, or messages, intended to facilitate the sharing of information, ideas, personal messages, and other content. |
|---|
| 45 | 45 | | |
|---|
| 46 | 46 | | SECTION 1. Title 15.5 (commencing with Section 3200) is added to Part 4 of Division 3 of the Civil Code, to read: |
|---|
| 47 | 47 | | |
|---|
| 48 | 48 | | ### SECTION 1. |
|---|
| 49 | 49 | | |
|---|
| 50 | 50 | | TITLE 15.5. Internet Censorship3200. (a) A person who operates a social media internet website located in California shall not remove or manipulate content from that internet website on the basis of the political affiliation or political viewpoint of that content.(b) Notwithstanding subdivision (a), a social media internet website may remove content of a political nature if, consistent with its user terms and conditions, the social media internet websites content is limited to the promotion of only certain political viewpoints and the content is inconsistent with those viewpoints or the content violates the social media internet websites community values. The social media internet website shall clearly state a limitation to the promotion of only certain political viewpoints and its community values in its user terms and conditions.(c) This section does not prohibit a social media internet website from removing content or communications that are obscene, threatening or harassing to another user, advocate violence, or purport to state factual information that is demonstrably false. (d) As used in this section:(1) Located in California means, to the extent consistent with federal law, either the person operating the services described in subdivision (a) above maintains a business in the state, or the user of that service is located in the stste.(2) Social media means an electronic service or account held open to the general public to post, in either a public or semipublic page dedicated to a particular user, electronic content or communication, including, but not limited to, videos, still photographs, or messages, intended to facilitate the sharing of information, ideas, personal messages, and other content. |
|---|
| 51 | 51 | | |
|---|
| 52 | 52 | | TITLE 15.5. Internet Censorship3200. (a) A person who operates a social media internet website located in California shall not remove or manipulate content from that internet website on the basis of the political affiliation or political viewpoint of that content.(b) Notwithstanding subdivision (a), a social media internet website may remove content of a political nature if, consistent with its user terms and conditions, the social media internet websites content is limited to the promotion of only certain political viewpoints and the content is inconsistent with those viewpoints or the content violates the social media internet websites community values. The social media internet website shall clearly state a limitation to the promotion of only certain political viewpoints and its community values in its user terms and conditions.(c) This section does not prohibit a social media internet website from removing content or communications that are obscene, threatening or harassing to another user, advocate violence, or purport to state factual information that is demonstrably false. (d) As used in this section:(1) Located in California means, to the extent consistent with federal law, either the person operating the services described in subdivision (a) above maintains a business in the state, or the user of that service is located in the stste.(2) Social media means an electronic service or account held open to the general public to post, in either a public or semipublic page dedicated to a particular user, electronic content or communication, including, but not limited to, videos, still photographs, or messages, intended to facilitate the sharing of information, ideas, personal messages, and other content. |
|---|
| 53 | 53 | | |
|---|
| 54 | 54 | | TITLE 15.5. Internet Censorship |
|---|
| 55 | 55 | | |
|---|
| 56 | 56 | | TITLE 15.5. Internet Censorship |
|---|
| 57 | 57 | | |
|---|
| 58 | 58 | | 3200. (a) A person who operates a social media internet website located in California shall not remove or manipulate content from that internet website on the basis of the political affiliation or political viewpoint of that content.(b) Notwithstanding subdivision (a), a social media internet website may remove content of a political nature if, consistent with its user terms and conditions, the social media internet websites content is limited to the promotion of only certain political viewpoints and the content is inconsistent with those viewpoints or the content violates the social media internet websites community values. The social media internet website shall clearly state a limitation to the promotion of only certain political viewpoints and its community values in its user terms and conditions.(c) This section does not prohibit a social media internet website from removing content or communications that are obscene, threatening or harassing to another user, advocate violence, or purport to state factual information that is demonstrably false. (d) As used in this section:(1) Located in California means, to the extent consistent with federal law, either the person operating the services described in subdivision (a) above maintains a business in the state, or the user of that service is located in the stste.(2) Social media means an electronic service or account held open to the general public to post, in either a public or semipublic page dedicated to a particular user, electronic content or communication, including, but not limited to, videos, still photographs, or messages, intended to facilitate the sharing of information, ideas, personal messages, and other content. |
|---|
| 59 | 59 | | |
|---|
| 60 | 60 | | |
|---|
| 61 | 61 | | |
|---|
| 62 | 62 | | 3200. (a) A person who operates a social media internet website located in California shall not remove or manipulate content from that internet website on the basis of the political affiliation or political viewpoint of that content. |
|---|
| 63 | 63 | | |
|---|
| 64 | 64 | | (b) Notwithstanding subdivision (a), a social media internet website may remove content of a political nature if, consistent with its user terms and conditions, the social media internet websites content is limited to the promotion of only certain political viewpoints and the content is inconsistent with those viewpoints or the content violates the social media internet websites community values. The social media internet website shall clearly state a limitation to the promotion of only certain political viewpoints and its community values in its user terms and conditions. |
|---|
| 65 | 65 | | |
|---|
| 66 | 66 | | (c) This section does not prohibit a social media internet website from removing content or communications that are obscene, threatening or harassing to another user, advocate violence, or purport to state factual information that is demonstrably false. |
|---|
| 67 | 67 | | |
|---|
| 68 | 68 | | (d) As used in this section: |
|---|
| 69 | 69 | | |
|---|
| 70 | 70 | | (1) Located in California means, to the extent consistent with federal law, either the person operating the services described in subdivision (a) above maintains a business in the state, or the user of that service is located in the stste. |
|---|
| 71 | 71 | | |
|---|
| 72 | 72 | | (2) Social media means an electronic service or account held open to the general public to post, in either a public or semipublic page dedicated to a particular user, electronic content or communication, including, but not limited to, videos, still photographs, or messages, intended to facilitate the sharing of information, ideas, personal messages, and other content. |
|---|