California 2019-2020 Regular Session

California Senate Bill SB896

Introduced
1/28/20  
Introduced
1/28/20  
Refer
2/6/20  
Refer
2/6/20  
Refer
3/17/20  

Caption

False, misleading, deceptive, or unlawful advertising: goods or services: platforms.

Impact

The introduction of SB 896 is intended to strike a balance between protecting consumers from false advertising while providing digital platforms with a protective shield against excessive liability. This shift in the regulatory framework comes at a time when social media and other digital mediums play a crucial role in disseminating information to consumers. By establishing clear parameters around liability, the bill seeks to create an environment conducive to free expression online without enabling false narratives or misinformation to thrive unchecked. The requirements for timely action upon receiving complaints also encourage platforms to adopt better practices in content management.

Summary

Senate Bill 896, introduced by Senator Pan, addresses issues surrounding false, misleading, deceptive, or unlawful advertising on digital platforms. The bill aims to modify existing provisions of the Business and Professions Code and add a new section to the Civil Code that limits the liability of platforms operating online. Specifically, it provides that platforms will not be liable for monetary damages if they meet certain conditions while handling claims of false advertising on their services. This includes the responsibility to act promptly in removing or disabling access to alleged misinformation upon notification from impacted users or parties.

Sentiment

The sentiment surrounding SB 896 appears mixed among stakeholders. Proponents argue that the bill is essential for ensuring that platforms can operate without running into legal challenges that could stifle innovation and growth within the industry. Furthermore, they assert that the bill is necessary for fostering accountability in advertising practices online. However, critics express concern that the bill may inadvertently shield platforms from necessary accountability, potentially allowing false information to proliferate. Some worry this could undermine efforts to maintain truthfulness in advertising, leading to consumer deception and distrust in online information sources.

Contention

Notable points of contention include the balance of responsibility between consumers and platforms in cases of false advertising. While the bill seeks to protect platforms that act in good faith, there is concern it does not sufficiently hold them accountable for content shared on their sites. The establishment of a counter notification process places additional burden on consumers seeking redress for misinformation. There are also questions regarding the efficacy of this bill in creating actionable oversight systems that genuinely protect consumers while enabling platforms to manage content without fear of retribution for every mistaken claim.

Companion Bills

No companion bills found.

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