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.
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
Amended IN Senate July 14, 2020 Amended IN Assembly May 28, 2020 Amended IN Assembly May 04, 2020
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. 2442
Introduced by Assembly Member ChauFebruary 19, 2020
Introduced by Assembly Member Chau
February 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 DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 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.
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
## Bill Text
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.
The people of the State of California do enact as follows:
## 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.
SECTION 1. Chapter 22.4 (commencing with Section 22595) is added to Division 8 of the Business and Professions Code, to read:
### SECTION 1.
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.
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.
CHAPTER 22.4. False Information
CHAPTER 22.4. False Information
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.
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.