California 2019 2019-2020 Regular Session

California Assembly Bill AB2442 Introduced / Bill

Filed 02/19/2020

                    CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 2442Introduced by Assembly Member ChauFebruary 19, 2020 An act to add and repeal Title 14.5 (commencing with Section 3085) of Part 4 of Division 3 of the Civil Code, relating to false information. LEGISLATIVE COUNSEL'S DIGESTAB 2442, as introduced, Chau. Social media platforms: false 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. Existing law defines libel as a false and unprivileged publication, including by writing, printing, or picture, that exposes any person to hatred, contempt, and ridicule, among other things.This bill would require the Attorney General, upon receipt of sufficient private funds, as specified, 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 false information spread through Internet-based social media platforms, and to draft a model strategic plan for Internet-based social media platforms to use to mitigate this. The bill would require the Attorney General to present the results of the study and the model strategic plan to the Legislature and specified legislative committees, subject to a specified time line. The bill would repeal its provisions if sufficient private funds are not received by December 31, 2023.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: YES  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. The Attorney General shall, subject to the limitations of subdivision (d), 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 both 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) Not later than one year after the notice required by paragraph (1) of subdivision (d) has been published, present the results of the study and the model strategic plan to the Legislature, pursuant to Section 9795 of the Government Code, and to the Assembly and Senate Committees on Judiciary.(d) (1) The performance of the duties imposed on the Attorney General by subdivisions (a) to (c), inclusive, is contingent on the receipt of sufficient private funding to complete them. Funding shall be submitted to the Attorney General for deposit in the False Information Strategic Plans Fund, which is hereby created in the State Treasury and any moneys deposited in this fund shall be subject to appropriation by the Legislature. The Department of Finance shall determine the amount necessary to fund the advisory group and its operations. Upon a determination that sufficient funds have been received, the Attorney General shall publish notice of this fact on its internet website.(2) If the funds required under paragraph (1) have not been received, and the necessary notice published, by December 31, 2023, this title, as of that date, is repealed

 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 2442Introduced by Assembly Member ChauFebruary 19, 2020 An act to add and repeal Title 14.5 (commencing with Section 3085) of Part 4 of Division 3 of the Civil Code, relating to false information. LEGISLATIVE COUNSEL'S DIGESTAB 2442, as introduced, Chau. Social media platforms: false 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. Existing law defines libel as a false and unprivileged publication, including by writing, printing, or picture, that exposes any person to hatred, contempt, and ridicule, among other things.This bill would require the Attorney General, upon receipt of sufficient private funds, as specified, 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 false information spread through Internet-based social media platforms, and to draft a model strategic plan for Internet-based social media platforms to use to mitigate this. The bill would require the Attorney General to present the results of the study and the model strategic plan to the Legislature and specified legislative committees, subject to a specified time line. The bill would repeal its provisions if sufficient private funds are not received by December 31, 2023.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: YES  Local Program: NO 





 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION

 Assembly Bill 

No. 2442

Introduced by Assembly Member ChauFebruary 19, 2020

Introduced by Assembly Member Chau
February 19, 2020

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

LEGISLATIVE COUNSEL'S DIGEST

## LEGISLATIVE COUNSEL'S DIGEST

AB 2442, as introduced, Chau. Social media platforms: false 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. Existing law defines libel as a false and unprivileged publication, including by writing, printing, or picture, that exposes any person to hatred, contempt, and ridicule, among other things.This bill would require the Attorney General, upon receipt of sufficient private funds, as specified, 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 false information spread through Internet-based social media platforms, and to draft a model strategic plan for Internet-based social media platforms to use to mitigate this. The bill would require the Attorney General to present the results of the study and the model strategic plan to the Legislature and specified legislative committees, subject to a specified time line. The bill would repeal its provisions if sufficient private funds are not received by December 31, 2023.

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. Existing law defines libel as a false and unprivileged publication, including by writing, printing, or picture, that exposes any person to hatred, contempt, and ridicule, among other things.

This bill would require the Attorney General, upon receipt of sufficient private funds, as specified, 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 false information spread through Internet-based social media platforms, and to draft a model strategic plan for Internet-based social media platforms to use to mitigate this. The bill would require the Attorney General to present the results of the study and the model strategic plan to the Legislature and specified legislative committees, subject to a specified time line. The bill would repeal its provisions if sufficient private funds are not received by December 31, 2023.

## 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. The Attorney General shall, subject to the limitations of subdivision (d), 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 both 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) Not later than one year after the notice required by paragraph (1) of subdivision (d) has been published, present the results of the study and the model strategic plan to the Legislature, pursuant to Section 9795 of the Government Code, and to the Assembly and Senate Committees on Judiciary.(d) (1) The performance of the duties imposed on the Attorney General by subdivisions (a) to (c), inclusive, is contingent on the receipt of sufficient private funding to complete them. Funding shall be submitted to the Attorney General for deposit in the False Information Strategic Plans Fund, which is hereby created in the State Treasury and any moneys deposited in this fund shall be subject to appropriation by the Legislature. The Department of Finance shall determine the amount necessary to fund the advisory group and its operations. Upon a determination that sufficient funds have been received, the Attorney General shall publish notice of this fact on its internet website.(2) If the funds required under paragraph (1) have not been received, and the necessary notice published, by December 31, 2023, this title, as of that date, is repealed

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. The Attorney General shall, subject to the limitations of subdivision (d), 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 both 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) Not later than one year after the notice required by paragraph (1) of subdivision (d) has been published, present the results of the study and the model strategic plan to the Legislature, pursuant to Section 9795 of the Government Code, and to the Assembly and Senate Committees on Judiciary.(d) (1) The performance of the duties imposed on the Attorney General by subdivisions (a) to (c), inclusive, is contingent on the receipt of sufficient private funding to complete them. Funding shall be submitted to the Attorney General for deposit in the False Information Strategic Plans Fund, which is hereby created in the State Treasury and any moneys deposited in this fund shall be subject to appropriation by the Legislature. The Department of Finance shall determine the amount necessary to fund the advisory group and its operations. Upon a determination that sufficient funds have been received, the Attorney General shall publish notice of this fact on its internet website.(2) If the funds required under paragraph (1) have not been received, and the necessary notice published, by December 31, 2023, this title, as of that date, is repealed

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. The Attorney General shall, subject to the limitations of subdivision (d), 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 both 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) Not later than one year after the notice required by paragraph (1) of subdivision (d) has been published, present the results of the study and the model strategic plan to the Legislature, pursuant to Section 9795 of the Government Code, and to the Assembly and Senate Committees on Judiciary.(d) (1) The performance of the duties imposed on the Attorney General by subdivisions (a) to (c), inclusive, is contingent on the receipt of sufficient private funding to complete them. Funding shall be submitted to the Attorney General for deposit in the False Information Strategic Plans Fund, which is hereby created in the State Treasury and any moneys deposited in this fund shall be subject to appropriation by the Legislature. The Department of Finance shall determine the amount necessary to fund the advisory group and its operations. Upon a determination that sufficient funds have been received, the Attorney General shall publish notice of this fact on its internet website.(2) If the funds required under paragraph (1) have not been received, and the necessary notice published, by December 31, 2023, this title, as of that date, is repealed

TITLE 14.5. False Information Strategic Plans3085. The Attorney General shall, subject to the limitations of subdivision (d), 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 both 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) Not later than one year after the notice required by paragraph (1) of subdivision (d) has been published, present the results of the study and the model strategic plan to the Legislature, pursuant to Section 9795 of the Government Code, and to the Assembly and Senate Committees on Judiciary.(d) (1) The performance of the duties imposed on the Attorney General by subdivisions (a) to (c), inclusive, is contingent on the receipt of sufficient private funding to complete them. Funding shall be submitted to the Attorney General for deposit in the False Information Strategic Plans Fund, which is hereby created in the State Treasury and any moneys deposited in this fund shall be subject to appropriation by the Legislature. The Department of Finance shall determine the amount necessary to fund the advisory group and its operations. Upon a determination that sufficient funds have been received, the Attorney General shall publish notice of this fact on its internet website.(2) If the funds required under paragraph (1) have not been received, and the necessary notice published, by December 31, 2023, this title, as of that date, is repealed

TITLE 14.5. False Information Strategic Plans

TITLE 14.5. False Information Strategic Plans

3085. The Attorney General shall, subject to the limitations of subdivision (d), 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 both 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) Not later than one year after the notice required by paragraph (1) of subdivision (d) has been published, present the results of the study and the model strategic plan to the Legislature, pursuant to Section 9795 of the Government Code, and to the Assembly and Senate Committees on Judiciary.(d) (1) The performance of the duties imposed on the Attorney General by subdivisions (a) to (c), inclusive, is contingent on the receipt of sufficient private funding to complete them. Funding shall be submitted to the Attorney General for deposit in the False Information Strategic Plans Fund, which is hereby created in the State Treasury and any moneys deposited in this fund shall be subject to appropriation by the Legislature. The Department of Finance shall determine the amount necessary to fund the advisory group and its operations. Upon a determination that sufficient funds have been received, the Attorney General shall publish notice of this fact on its internet website.(2) If the funds required under paragraph (1) have not been received, and the necessary notice published, by December 31, 2023, this title, as of that date, is repealed



3085. The Attorney General shall, subject to the limitations of subdivision (d), 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 both 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) Not later than one year after the notice required by paragraph (1) of subdivision (d) has been published, present the results of the study and the model strategic plan to the Legislature, pursuant to Section 9795 of the Government Code, and to the Assembly and Senate Committees on Judiciary.

(d) (1) The performance of the duties imposed on the Attorney General by subdivisions (a) to (c), inclusive, is contingent on the receipt of sufficient private funding to complete them. Funding shall be submitted to the Attorney General for deposit in the False Information Strategic Plans Fund, which is hereby created in the State Treasury and any moneys deposited in this fund shall be subject to appropriation by the Legislature. The Department of Finance shall determine the amount necessary to fund the advisory group and its operations. Upon a determination that sufficient funds have been received, the Attorney General shall publish notice of this fact on its internet website.

(2) If the funds required under paragraph (1) have not been received, and the necessary notice published, by December 31, 2023, this title, as of that date, is repealed