California 2019-2020 Regular Session

California Assembly Bill AB2442 Compare Versions

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Version 2 (New)

Old	New		Differences
1		-	~~Amended IN Senate July 14, 2020~~ Amended IN Assembly May 28, 2020 Amended IN Assembly May 04, 2020 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 2442Introduced by Assembly Member ChauFebruary 19, 2020 An act to add Chapter 22.4 (commencing with Section 22595) to Division 8 of the Business and Professions Code, relating to false information. LEGISLATIVE COUNSEL'S DIGESTAB 2442, as amended, 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 a person that operates a social media platform ~~platform, as defined,~~ to disclose whether or not that social media platform has a policy ~~or mechanism in place~~ to address the spread of misinformation, as specified~~. The bill would require the disclosure to be made easily accessible on the social media platforms website and mobile application~~. The bill would provide 30 days to cure a violation of its provisions. The bill would authorize only the Attorney General to enforce violations of its provisions and would subject a person to a civil penalty of $1,000 for each day the person is in violation of the bills provisions. The bill would require those penalty moneys to be deposited into the Public Rights Law Enforcement Special Fund.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. Chapter 22.4 (commencing with Section 22595) is added to Division 8 of the Business and Professions Code, to read: CHAPTER 22.4. False Information22595. (a) A person that operates a social media platform shall disclose whether or not that social media platform has a policy ~~or mechanism in place~~ to address the spread of misinformation with respect to, at a minimum, all of the following:(1)Intentionally misleading or inaccurate content purported as fact.(2)Coordinated and deceptive promotion or suppression of information.(~~1) Reducing the spread of misinformation that contributes to the risk of imminent violence or physical harm.(2) Reducing the spread of harmful, verifiably inauthentic content.(~~3) Practices intended to materially ~~deceptively~~ and substantially manipulate or disrupt the behavior of users on the social media platform.(b) A person that operates a social media platform shall conspicuously make the disclosure required by subdivision (a) in both of the following ways: ~~easily accessible~~ on the social media ~~platforms~~ internet ~~website~~ and ~~mobile application~~.(1)Upon initiation of use, or upon registration required for use, of the social media platform.(2)In the terms of service maintained, and made publicly available on the social media platform, by the person.(c) ~~(1)~~ A person that operates a social media platform shall be in violation of this section if the person, within 30 days of being notified of noncompliance ~~in writing by any person of noncompliance, fails the Attorney General~~, fails to comply with the provisions of this section~~.(2) (A) A person shall be subject to a civil penalty of one thousand dollars ($1,000) per day for each day that person is~~ in ~~violation of this section.(B) Moneys collected pursuant to this paragraph shall be deposited into the Public Rights Law Enforcement Special Fund, established pursuant to Section 12530~~ of the ~~Government Code~~.(3) ~~The Attorney General shall have exclusive authority to enforce this title by bringing an action in the name of the people of the State of California~~.(d) For purposes of this section:(1) Person means a natural person or a legal entity.(2) ~~(A)~~ Social media platform means an internet platform through which users develop a persistent virtual network or community comprised of other users for the purpose of sharing information, ideas, news reports, and other content. internet-based service that generated at least five hundred million dollars ($500,000,000) in gross revenue during the preceding calendar year and allows individuals to do all of the following:(i) Construct a public or semipublic profile within a bounded system created by the service.(ii) Create a list of other users with whom an individual shares a connection within the system.(iii) View and navigate a list of the individuals connections and the connections made by other individuals within the system.(B) Social media platform does not include electronic mail.
	1	+	Amended IN Assembly May 28, 2020 Amended IN Assembly May 04, 2020 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 2442Introduced by Assembly Member ChauFebruary 19, 2020 An act to add Title 14.5 (commencing with Section 3085) to Part 4 of Division 3 of the Civil Code, Chapter 22.4 (commencing with Section 22595) to Division 8 of the Business and Professions Code, relating to false information. LEGISLATIVE COUNSEL'S DIGESTAB 2442, as amended, 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 a person that operates a social media platform to disclose whether or not that social media platform has a policy to address the spread of misinformation, as specified. The bill would provide 30 days to cure a violation of its provisions.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. Chapter 22.4 (commencing with Section 22595) is added to Division 8 of the Business and Professions Code, to read: CHAPTER 22.4. False Information22595. (a) A person that operates a social media platform shall disclose whether or not that social media platform has a policy to address the spread of misinformation with respect to, at a minimum, all of the following:(1) Intentionally misleading or inaccurate content purported as fact.(2) Coordinated and deceptive promotion or suppression of information.(3) Practices intended to materially and substantially manipulate or disrupt the behavior of users on the social media platform.(b) A person that operates a social media platform shall conspicuously make the disclosure required by subdivision (a) in both of the following ways:(1) Upon initiation of use, or upon registration required for use, of the social media platform.(2) In the terms of service maintained, and made publicly available on the social media platform, by the person.(c) A person that operates a social media platform shall be in violation of this section if the person, within 30 days of being notified in writing by any person of noncompliance, fails to comply with the provisions of this section.(d) For purposes of this section:(1) Person means a natural person or a legal entity.(2) Social media platform means an internet platform through which users develop a persistent virtual network or community comprised of other users for the purpose of sharing information, ideas, news reports, and other content.SECTION 1.Title 14.5 (commencing with Section 3085) is added to Part 4 of Division 3 of the Civil Code, to read:14.5.False Information3085.(a)A person that operates a social media platform shall disclose whether or not that social media platform has a policy to address the spread of misinformation with respect to, at a minimum, all of the following:(1)Intentionally misleading or inaccurate content purported as fact.(2)Coordinated and deceptive promotion or suppression of information.(3)Practices intended to materially and substantially manipulate or disrupt the behavior of users on the social media platform.(b)A person that operates a social media platform shall conspicuously make the disclosure required by subdivision (a) in both of the following ways:(1)Upon initiation of use, or upon registration required for use, of the social media platform.(2)In the terms of service maintained, and made publicly available on the social media platform, by the person.(c)A person that operates a social media platform shall be in violation of this section if the person, within 30 days of being notified of noncompliance, fails to comply with the provisions of this section in any of the following ways:(1)Knowingly and willfully.(2)Negligently and materially.(3)Repeatedly and excessively.(d)For purposes of this section:(1)Person means a natural person or a legal entity.(2)Social media platform means an internet platform through which users develop a persistent virtual network or community comprised of other users for the purpose of sharing information, ideas, news reports, and other content.
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3		-	~~Amended IN Senate July 14, 2020~~ Amended IN Assembly May 28, 2020 Amended IN Assembly May 04, 2020 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 2442Introduced by Assembly Member ChauFebruary 19, 2020 An act to add Chapter 22.4 (commencing with Section 22595) to Division 8 of the Business and Professions Code, relating to false information. LEGISLATIVE COUNSEL'S DIGESTAB 2442, as amended, 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 a person that operates a social media platform ~~platform, as defined,~~ to disclose whether or not that social media platform has a policy ~~or mechanism in place~~ to address the spread of misinformation, as specified~~. The bill would require the disclosure to be made easily accessible on the social media platforms website and mobile application~~. The bill would provide 30 days to cure a violation of its provisions. The bill would authorize only the Attorney General to enforce violations of its provisions and would subject a person to a civil penalty of $1,000 for each day the person is in violation of the bills provisions. The bill would require those penalty moneys to be deposited into the Public Rights Law Enforcement Special Fund.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: ~~NOYES~~ Local Program: NO
	3	+	Amended IN Assembly May 28, 2020 Amended IN Assembly May 04, 2020 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 2442Introduced by Assembly Member ChauFebruary 19, 2020 An act to add Title 14.5 (commencing with Section 3085) to Part 4 of Division 3 of the Civil Code, Chapter 22.4 (commencing with Section 22595) to Division 8 of the Business and Professions Code, relating to false information. LEGISLATIVE COUNSEL'S DIGESTAB 2442, as amended, 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 a person that operates a social media platform to disclose whether or not that social media platform has a policy to address the spread of misinformation, as specified. The bill would provide 30 days to cure a violation of its provisions.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
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5		-	~~Amended IN Senate July 14, 2020~~ Amended IN Assembly May 28, 2020 Amended IN Assembly May 04, 2020
	5	+	Amended IN Assembly May 28, 2020 Amended IN Assembly May 04, 2020
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7		-	Amended IN Senate July 14, 2020
8	7		Amended IN Assembly May 28, 2020
9	8		Amended IN Assembly May 04, 2020
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11	10		CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION
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13	12		Assembly Bill
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15	14		No. 2442
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17	16		Introduced by Assembly Member ChauFebruary 19, 2020
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19	18		Introduced by Assembly Member Chau
20	19		February 19, 2020
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22		-	An act to add Chapter 22.4 (commencing with Section 22595) to Division 8 of the Business and Professions Code, relating to false information.
	21	+	An act to add Title 14.5 (commencing with Section 3085) to Part 4 of Division 3 of the Civil Code, Chapter 22.4 (commencing with Section 22595) to Division 8 of the Business and Professions Code, relating to false information.
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24	23		LEGISLATIVE COUNSEL'S DIGEST
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26	25		## LEGISLATIVE COUNSEL'S DIGEST
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28	27		AB 2442, as amended, Chau. Social media platforms: false information.
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30		-	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 a person that operates a social media platform ~~platform, as defined,~~ to disclose whether or not that social media platform has a policy ~~or mechanism in place~~ to address the spread of misinformation, as specified~~. The bill would require the disclosure to be made easily accessible on the social media platforms website and mobile application~~. The bill would provide 30 days to cure a violation of its provisions. The bill would authorize only the Attorney General to enforce violations of its provisions and would subject a person to a civil penalty of $1,000 for each day the person is in violation of the bills provisions. The bill would require those penalty moneys to be deposited into the Public Rights Law Enforcement Special Fund.
	29	+	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 a person that operates a social media platform to disclose whether or not that social media platform has a policy to address the spread of misinformation, as specified. The bill would provide 30 days to cure a violation of its provisions.
31	30
32	31		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.
33	32
34		-	This bill would require a person that operates a social media platform ~~platform, as defined,~~ to disclose whether or not that social media platform has a policy ~~or mechanism in place~~ to address the spread of misinformation, as specified~~. The bill would require the disclosure to be made easily accessible on the social media platforms website and mobile application~~. The bill would provide 30 days to cure a violation of its provisions. The bill would authorize only the Attorney General to enforce violations of its provisions and would subject a person to a civil penalty of $1,000 for each day the person is in violation of the bills provisions. The bill would require those penalty moneys to be deposited into the Public Rights Law Enforcement Special Fund.
	33	+	This bill would require a person that operates a social media platform to disclose whether or not that social media platform has a policy to address the spread of misinformation, as specified. The bill would provide 30 days to cure a violation of its provisions.
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36	35		## Digest Key
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38	37		## Bill Text
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40		-	The people of the State of California do enact as follows:SECTION 1. Chapter 22.4 (commencing with Section 22595) is added to Division 8 of the Business and Professions Code, to read: CHAPTER 22.4. False Information22595. (a) A person that operates a social media platform shall disclose whether or not that social media platform has a policy ~~or mechanism in place~~ to address the spread of misinformation with respect to, at a minimum, all of the following:(1)Intentionally misleading or inaccurate content purported as fact.(2)Coordinated and deceptive promotion or suppression of information.(~~1) Reducing the spread of misinformation that contributes to the risk of imminent violence or physical harm.(2) Reducing the spread of harmful, verifiably inauthentic content.(~~3) Practices intended to materially ~~deceptively~~ and substantially manipulate or disrupt the behavior of users on the social media platform.(b) A person that operates a social media platform shall conspicuously make the disclosure required by subdivision (a) in both of the following ways: ~~easily accessible~~ on the social media ~~platforms~~ internet ~~website~~ and ~~mobile application~~.(1)Upon initiation of use, or upon registration required for use, of the social media platform.(2)In the terms of service maintained, and made publicly available on the social media platform, by the person.(c) ~~(1)~~ A person that operates a social media platform shall be in violation of this section if the person, within 30 days of being notified of noncompliance ~~in writing by any person of noncompliance, fails the Attorney General~~, fails to comply with the provisions of this section~~.(2) (A) A person shall be subject to a civil penalty of one thousand dollars ($1,000) per day for each day that person is~~ in ~~violation of this section.(B) Moneys collected pursuant to this paragraph shall be deposited into the Public Rights Law Enforcement Special Fund, established pursuant to Section 12530~~ of the ~~Government Code~~.(3) ~~The Attorney General shall have exclusive authority to enforce this title by bringing an action in the name of the people of the State of California~~.(d) For purposes of this section:(1) Person means a natural person or a legal entity.(2) ~~(A)~~ Social media platform means an internet platform through which users develop a persistent virtual network or community comprised of other users for the purpose of sharing information, ideas, news reports, and other content. internet-based service that generated at least five hundred million dollars ($500,000,000) in gross revenue during the preceding calendar year and allows individuals to do all of the following:(i) Construct a public or semipublic profile within a bounded system created by the service.(ii) Create a list of other users with whom an individual shares a connection within the system.(iii) View and navigate a list of the individuals connections and the connections made by other individuals within the system.(B) Social media platform does not include electronic mail.
	39	+	The people of the State of California do enact as follows:SECTION 1. Chapter 22.4 (commencing with Section 22595) is added to Division 8 of the Business and Professions Code, to read: CHAPTER 22.4. False Information22595. (a) A person that operates a social media platform shall disclose whether or not that social media platform has a policy to address the spread of misinformation with respect to, at a minimum, all of the following:(1) Intentionally misleading or inaccurate content purported as fact.(2) Coordinated and deceptive promotion or suppression of information.(3) Practices intended to materially and substantially manipulate or disrupt the behavior of users on the social media platform.(b) A person that operates a social media platform shall conspicuously make the disclosure required by subdivision (a) in both of the following ways:(1) Upon initiation of use, or upon registration required for use, of the social media platform.(2) In the terms of service maintained, and made publicly available on the social media platform, by the person.(c) A person that operates a social media platform shall be in violation of this section if the person, within 30 days of being notified in writing by any person of noncompliance, fails to comply with the provisions of this section.(d) For purposes of this section:(1) Person means a natural person or a legal entity.(2) Social media platform means an internet platform through which users develop a persistent virtual network or community comprised of other users for the purpose of sharing information, ideas, news reports, and other content.SECTION 1.Title 14.5 (commencing with Section 3085) is added to Part 4 of Division 3 of the Civil Code, to read:14.5.False Information3085.(a)A person that operates a social media platform shall disclose whether or not that social media platform has a policy to address the spread of misinformation with respect to, at a minimum, all of the following:(1)Intentionally misleading or inaccurate content purported as fact.(2)Coordinated and deceptive promotion or suppression of information.(3)Practices intended to materially and substantially manipulate or disrupt the behavior of users on the social media platform.(b)A person that operates a social media platform shall conspicuously make the disclosure required by subdivision (a) in both of the following ways:(1)Upon initiation of use, or upon registration required for use, of the social media platform.(2)In the terms of service maintained, and made publicly available on the social media platform, by the person.(c)A person that operates a social media platform shall be in violation of this section if the person, within 30 days of being notified of noncompliance, fails to comply with the provisions of this section in any of the following ways:(1)Knowingly and willfully.(2)Negligently and materially.(3)Repeatedly and excessively.(d)For purposes of this section:(1)Person means a natural person or a legal entity.(2)Social media platform means an internet platform through which users develop a persistent virtual network or community comprised of other users for the purpose of sharing information, ideas, news reports, and other content.
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42	41		The people of the State of California do enact as follows:
43	42
44	43		## The people of the State of California do enact as follows:
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46		-	SECTION 1. Chapter 22.4 (commencing with Section 22595) is added to Division 8 of the Business and Professions Code, to read: CHAPTER 22.4. False Information22595. (a) A person that operates a social media platform shall disclose whether or not that social media platform has a policy ~~or mechanism in place~~ to address the spread of misinformation with respect to, at a minimum, all of the following:(1)Intentionally misleading or inaccurate content purported as fact.(2)Coordinated and deceptive promotion or suppression of information.(~~1) Reducing the spread of misinformation that contributes to the risk of imminent violence or physical harm.(2) Reducing the spread of harmful, verifiably inauthentic content.(~~3) Practices intended to materially ~~deceptively~~ and substantially manipulate or disrupt the behavior of users on the social media platform.(b) A person that operates a social media platform shall conspicuously make the disclosure required by subdivision (a) in both of the following ways: ~~easily accessible on the social media platforms internet website and mobile application.~~(1)Upon initiation of use, or upon registration required for use, of the social media platform.(2)In the terms of service maintained, and made publicly available on the social media platform, by the person.(c~~) (1~~) A person that operates a social media platform shall be in violation of this section if the person, within 30 days of being notified ~~of noncompliance~~ in writing by any person of noncompliance~~, fails the Attorney General~~, fails to comply with the provisions of this section.(2) (A) A person shall be subject to a civil penalty of one thousand dollars ($1,000) per day for each day that person is in violation of this section.(B) Moneys collected pursuant to this paragraph shall be deposited into the Public Rights Law Enforcement Special Fund, established pursuant to Section 12530 of the Government Code.(3) The Attorney General shall have exclusive authority to enforce this title by bringing an action in the name of the people of the State of California.(d) For purposes of this section:(1) Person means a natural person or a legal entity.(2~~) (A~~) Social media platform means an internet platform through which users develop a persistent virtual network or community comprised of other users for the purpose of sharing information, ideas, news reports, and other content. internet-based service that generated at least five hundred million dollars ($500,000,000) in gross revenue during the preceding calendar year and allows individuals to do all of the following:(i) Construct a public or semipublic profile within a bounded system created by the service.(ii) Create a list of other users with whom an individual shares a connection within the system.(iii) View and navigate a list of the individuals connections and the connections made by other individuals within the system.(B) Social media platform does not include electronic mail.
	45	+	SECTION 1. Chapter 22.4 (commencing with Section 22595) is added to Division 8 of the Business and Professions Code, to read: CHAPTER 22.4. False Information22595. (a) A person that operates a social media platform shall disclose whether or not that social media platform has a policy to address the spread of misinformation with respect to, at a minimum, all of the following:(1) Intentionally misleading or inaccurate content purported as fact.(2) Coordinated and deceptive promotion or suppression of information.(3) Practices intended to materially and substantially manipulate or disrupt the behavior of users on the social media platform.(b) A person that operates a social media platform shall conspicuously make the disclosure required by subdivision (a) in both of the following ways:(1) Upon initiation of use, or upon registration required for use, of the social media platform.(2) In the terms of service maintained, and made publicly available on the social media platform, by the person.(c) A person that operates a social media platform shall be in violation of this section if the person, within 30 days of being notified in writing by any person of noncompliance, fails to comply with the provisions of this section.(d) For purposes of this section:(1) Person means a natural person or a legal entity.(2) Social media platform means an internet platform through which users develop a persistent virtual network or community comprised of other users for the purpose of sharing information, ideas, news reports, and other content.
47	46
48	47		SECTION 1. Chapter 22.4 (commencing with Section 22595) is added to Division 8 of the Business and Professions Code, to read:
49	48
50	49		### SECTION 1.
51	50
52		-	CHAPTER 22.4. False Information22595. (a) A person that operates a social media platform shall disclose whether or not that social media platform has a policy ~~or mechanism in place~~ to address the spread of misinformation with respect to, at a minimum, all of the following:(1)Intentionally misleading or inaccurate content purported as fact.(2)Coordinated and deceptive promotion or suppression of information.(~~1) Reducing the spread of misinformation that contributes to the risk of imminent violence or physical harm.(2) Reducing the spread of harmful, verifiably inauthentic content.(~~3) Practices intended to materially ~~deceptively~~ and substantially manipulate or disrupt the behavior of users on the social media platform.(b) A person that operates a social media platform shall conspicuously make the disclosure required by subdivision (a) in both of the following ways: ~~easily accessible on the social media platforms internet website and mobile application.~~(1)Upon initiation of use, or upon registration required for use, of the social media platform.(2)In the terms of service maintained, and made publicly available on the social media platform, by the person.(c~~) (1~~) A person that operates a social media platform shall be in violation of this section if the person, within 30 days of being notified ~~of noncompliance~~ in writing by any person of noncompliance~~, fails the Attorney General~~, fails to comply with the provisions of this section.(2) (A) A person shall be subject to a civil penalty of one thousand dollars ($1,000) per day for each day that person is in violation of this section.(B) Moneys collected pursuant to this paragraph shall be deposited into the Public Rights Law Enforcement Special Fund, established pursuant to Section 12530 of the Government Code.(3) The Attorney General shall have exclusive authority to enforce this title by bringing an action in the name of the people of the State of California.(d) For purposes of this section:(1) Person means a natural person or a legal entity.(2~~) (A~~) Social media platform means an internet platform through which users develop a persistent virtual network or community comprised of other users for the purpose of sharing information, ideas, news reports, and other content. internet-based service that generated at least five hundred million dollars ($500,000,000) in gross revenue during the preceding calendar year and allows individuals to do all of the following:(i) Construct a public or semipublic profile within a bounded system created by the service.(ii) Create a list of other users with whom an individual shares a connection within the system.(iii) View and navigate a list of the individuals connections and the connections made by other individuals within the system.(B) Social media platform does not include electronic mail.
	51	+	CHAPTER 22.4. False Information22595. (a) A person that operates a social media platform shall disclose whether or not that social media platform has a policy to address the spread of misinformation with respect to, at a minimum, all of the following:(1) Intentionally misleading or inaccurate content purported as fact.(2) Coordinated and deceptive promotion or suppression of information.(3) Practices intended to materially and substantially manipulate or disrupt the behavior of users on the social media platform.(b) A person that operates a social media platform shall conspicuously make the disclosure required by subdivision (a) in both of the following ways:(1) Upon initiation of use, or upon registration required for use, of the social media platform.(2) In the terms of service maintained, and made publicly available on the social media platform, by the person.(c) A person that operates a social media platform shall be in violation of this section if the person, within 30 days of being notified in writing by any person of noncompliance, fails to comply with the provisions of this section.(d) For purposes of this section:(1) Person means a natural person or a legal entity.(2) Social media platform means an internet platform through which users develop a persistent virtual network or community comprised of other users for the purpose of sharing information, ideas, news reports, and other content.
53	52
54		-	CHAPTER 22.4. False Information22595. (a) A person that operates a social media platform shall disclose whether or not that social media platform has a policy ~~or mechanism in place~~ to address the spread of misinformation with respect to, at a minimum, all of the following:(1)Intentionally misleading or inaccurate content purported as fact.(2)Coordinated and deceptive promotion or suppression of information.(~~1) Reducing the spread of misinformation that contributes to the risk of imminent violence or physical harm.(2) Reducing the spread of harmful, verifiably inauthentic content.(~~3) Practices intended to materially ~~deceptively~~ and substantially manipulate or disrupt the behavior of users on the social media platform.(b) A person that operates a social media platform shall conspicuously make the disclosure required by subdivision (a) in both of the following ways: ~~easily accessible on the social media platforms internet website and mobile application.~~(1)Upon initiation of use, or upon registration required for use, of the social media platform.(2)In the terms of service maintained, and made publicly available on the social media platform, by the person.(c~~) (1~~) A person that operates a social media platform shall be in violation of this section if the person, within 30 days of being notified ~~of noncompliance~~ in writing by any person of noncompliance~~, fails the Attorney General~~, fails to comply with the provisions of this section.(2) (A) A person shall be subject to a civil penalty of one thousand dollars ($1,000) per day for each day that person is in violation of this section.(B) Moneys collected pursuant to this paragraph shall be deposited into the Public Rights Law Enforcement Special Fund, established pursuant to Section 12530 of the Government Code.(3) The Attorney General shall have exclusive authority to enforce this title by bringing an action in the name of the people of the State of California.(d) For purposes of this section:(1) Person means a natural person or a legal entity.(2~~) (A~~) Social media platform means an internet platform through which users develop a persistent virtual network or community comprised of other users for the purpose of sharing information, ideas, news reports, and other content. internet-based service that generated at least five hundred million dollars ($500,000,000) in gross revenue during the preceding calendar year and allows individuals to do all of the following:(i) Construct a public or semipublic profile within a bounded system created by the service.(ii) Create a list of other users with whom an individual shares a connection within the system.(iii) View and navigate a list of the individuals connections and the connections made by other individuals within the system.(B) Social media platform does not include electronic mail.
	53	+	CHAPTER 22.4. False Information22595. (a) A person that operates a social media platform shall disclose whether or not that social media platform has a policy to address the spread of misinformation with respect to, at a minimum, all of the following:(1) Intentionally misleading or inaccurate content purported as fact.(2) Coordinated and deceptive promotion or suppression of information.(3) Practices intended to materially and substantially manipulate or disrupt the behavior of users on the social media platform.(b) A person that operates a social media platform shall conspicuously make the disclosure required by subdivision (a) in both of the following ways:(1) Upon initiation of use, or upon registration required for use, of the social media platform.(2) In the terms of service maintained, and made publicly available on the social media platform, by the person.(c) A person that operates a social media platform shall be in violation of this section if the person, within 30 days of being notified in writing by any person of noncompliance, fails to comply with the provisions of this section.(d) For purposes of this section:(1) Person means a natural person or a legal entity.(2) Social media platform means an internet platform through which users develop a persistent virtual network or community comprised of other users for the purpose of sharing information, ideas, news reports, and other content.
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56	55		CHAPTER 22.4. False Information
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58	57		CHAPTER 22.4. False Information
59	58
60		-	22595. (a) A person that operates a social media platform shall disclose whether or not that social media platform has a policy ~~or mechanism in place~~ to address the spread of misinformation with respect to, at a minimum, all of the following:(1)Intentionally misleading or inaccurate content purported as fact.(2)Coordinated and deceptive promotion or suppression of information.(~~1) Reducing the spread of misinformation that contributes to the risk of imminent violence or physical harm.(2) Reducing the spread of harmful, verifiably inauthentic content.(~~3) Practices intended to materially ~~deceptively~~ and substantially manipulate or disrupt the behavior of users on the social media platform.(b) A person that operates a social media platform shall conspicuously make the disclosure required by subdivision (a) in both of the following ways: ~~easily accessible on the social media platforms internet website and mobile application.~~(1)Upon initiation of use, or upon registration required for use, of the social media platform.(2)In the terms of service maintained, and made publicly available on the social media platform, by the person.(c~~) (1~~) A person that operates a social media platform shall be in violation of this section if the person, within 30 days of being notified ~~of noncompliance~~ in writing by any person of noncompliance~~, fails the Attorney General~~, fails to comply with the provisions of this section.(2) (A) A person shall be subject to a civil penalty of one thousand dollars ($1,000) per day for each day that person is in violation of this section.(B) Moneys collected pursuant to this paragraph shall be deposited into the Public Rights Law Enforcement Special Fund, established pursuant to Section 12530 of the Government Code.(3) The Attorney General shall have exclusive authority to enforce this title by bringing an action in the name of the people of the State of California.(d) For purposes of this section:(1) Person means a natural person or a legal entity.(2~~) (A~~) Social media platform means an internet platform through which users develop a persistent virtual network or community comprised of other users for the purpose of sharing information, ideas, news reports, and other content. internet-based service that generated at least five hundred million dollars ($500,000,000) in gross revenue during the preceding calendar year and allows individuals to do all of the following:(i) Construct a public or semipublic profile within a bounded system created by the service.(ii) Create a list of other users with whom an individual shares a connection within the system.(iii) View and navigate a list of the individuals connections and the connections made by other individuals within the system.(B) Social media platform does not include electronic mail.
	59	+	22595. (a) A person that operates a social media platform shall disclose whether or not that social media platform has a policy to address the spread of misinformation with respect to, at a minimum, all of the following:(1) Intentionally misleading or inaccurate content purported as fact.(2) Coordinated and deceptive promotion or suppression of information.(3) Practices intended to materially and substantially manipulate or disrupt the behavior of users on the social media platform.(b) A person that operates a social media platform shall conspicuously make the disclosure required by subdivision (a) in both of the following ways:(1) Upon initiation of use, or upon registration required for use, of the social media platform.(2) In the terms of service maintained, and made publicly available on the social media platform, by the person.(c) A person that operates a social media platform shall be in violation of this section if the person, within 30 days of being notified in writing by any person of noncompliance, fails to comply with the provisions of this section.(d) For purposes of this section:(1) Person means a natural person or a legal entity.(2) Social media platform means an internet platform through which users develop a persistent virtual network or community comprised of other users for the purpose of sharing information, ideas, news reports, and other content.
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63	62
64		-	22595. (a) A person that operates a social media platform shall disclose whether or not that social media platform has a policy or mechanism in place to address the spread of misinformation with respect to, at a minimum, all of the following:
	63	+	22595. (a) A person that operates a social media platform shall disclose whether or not that social media platform has a policy to address the spread of misinformation with respect to, at a minimum, all of the following:
	64	+
	65	+	(1) Intentionally misleading or inaccurate content purported as fact.
	66	+
	67	+	(2) Coordinated and deceptive promotion or suppression of information.
	68	+
	69	+	(3) Practices intended to materially and substantially manipulate or disrupt the behavior of users on the social media platform.
	70	+
	71	+	(b) A person that operates a social media platform shall conspicuously make the disclosure required by subdivision (a) in both of the following ways:
	72	+
	73	+	(1) Upon initiation of use, or upon registration required for use, of the social media platform.
	74	+
	75	+	(2) In the terms of service maintained, and made publicly available on the social media platform, by the person.
	76	+
	77	+	(c) A person that operates a social media platform shall be in violation of this section if the person, within 30 days of being notified in writing by any person of noncompliance, fails to comply with the provisions of this section.
	78	+
	79	+	(d) For purposes of this section:
	80	+
	81	+	(1) Person means a natural person or a legal entity.
	82	+
	83	+	(2) Social media platform means an internet platform through which users develop a persistent virtual network or community comprised of other users for the purpose of sharing information, ideas, news reports, and other content.
	84	+
	85	+
	86	+
	87	+
	88	+
	89	+
	90	+
	91	+	(a)A person that operates a social media platform shall disclose whether or not that social media platform has a policy to address the spread of misinformation with respect to, at a minimum, all of the following:
	92	+
	93	+
65	94
66	95		(1)Intentionally misleading or inaccurate content purported as fact.
67	96
68	97
69	98
70	99		(2)Coordinated and deceptive promotion or suppression of information.
71	100
72	101
73	102
74		-	(1) ~~Reducing~~ the ~~spread~~ of ~~misinformation that contributes to~~ the ~~risk of imminent violence or physical harm~~.
	103	+	(3)Practices intended to materially and substantially manipulate or disrupt the behavior of users on the social media platform.
75	104
76		-	(2) Reducing the spread of harmful, verifiably inauthentic content.
77	105
78		-	(3) Practices intended to materially deceptively and substantially manipulate or disrupt the behavior of users on the social media platform.
79	106
80		-	(b) A person that operates a social media platform shall conspicuously make the disclosure required by subdivision (a) in both of the following ways: easily accessible on the social media platforms internet website and mobile application.
	107	+	(b)A person that operates a social media platform shall conspicuously make the disclosure required by subdivision (a) in both of the following ways:
	108	+
	109	+
81	110
82	111		(1)Upon initiation of use, or upon registration required for use, of the social media platform.
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85	114
86	115		(2)In the terms of service maintained, and made publicly available on the social media platform, by the person.
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90		-	(c) ~~(1)~~ A person that operates a social media platform shall be in violation of this section if the person, within 30 days of being notified of noncompliance ~~in writing by any person of noncompliance, fails the Attorney General~~, fails to comply with the provisions of this section.
	119	+	(c)A person that operates a social media platform shall be in violation of this section if the person, within 30 days of being notified of noncompliance, fails to comply with the provisions of this section in any of the following ways:
91	120
92		-	(2) (A) A person shall be subject to a civil penalty of one thousand dollars ($1,000) per day for each day that person is in violation of this section.
93	121
94		-	(B) Moneys collected pursuant to this paragraph shall be deposited into the Public Rights Law Enforcement Special Fund, established pursuant to Section 12530 of the Government Code.
95	122
96		-	(3) The Attorney General shall have exclusive authority to enforce this title by bringing an action in the name of the people of the State of California.
	123	+	(1)Knowingly and willfully.
	124	+
	125	+
	126	+
	127	+	(2)Negligently and materially.
	128	+
	129	+
	130	+
	131	+	(3)Repeatedly and excessively.
	132	+
	133	+
97	134
98	135		(d)For purposes of this section:
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	137	+
	138	+
100	139		(1)Person means a natural person or a legal entity.
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102		-	(2) (A) Social media platform means an internet platform through which users develop a persistent virtual network or community comprised of other users for the purpose of sharing information, ideas, news reports, and other content. internet-based service that generated at least five hundred million dollars ($500,000,000) in gross revenue during the preceding calendar year and allows individuals to do all of the following:
103	141
104		-	(i) Construct a public or semipublic profile within a bounded system created by the service.
105	142
106		-	(ii) Create a list of other users with whom an individual shares a connection within the system.
107		-
108		-	(iii) View and navigate a list of the individuals connections and the connections made by other individuals within the system.
109		-
110		-	(B) Social media platform does not include electronic mail.
	143	+	(2)Social media platform means an internet platform through which users develop a persistent virtual network or community comprised of other users for the purpose of sharing information, ideas, news reports, and other content.