Amended IN Assembly April 07, 2022 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 2879Introduced by Assembly Member LowFebruary 18, 2022An act to add Chapter 22.2.9 (commencing with Section 22589) to Division 8 of the Business and Professions Code, relating to online content. LEGISLATIVE COUNSEL'S DIGESTAB 2879, as amended, Low. Online content: Students: cyberbullying.Existing law, the Safe Place to Learn Act, requires the State Department of Education to assess whether local educational agencies have taken certain actions related to educational equity, including adopting a policy that prohibits discrimination, harassment, intimidation, and bullying based on specified characteristics. Existing law requires local educational agencies, as defined, to adopt procedures for preventing acts of bullying, including cyberbullying.Existing law, the Student Online Personal Information Protection Act, restricts the use of information about specified students by operators of certain internet websites, online services, online applications, or mobile applications by, among other things, prohibiting operators from engaging in targeted advertising, amassing student profiles except for prescribed school purposes, or selling or disclosing student information. Existing law also requires an operator to implement and maintain reasonable security procedures and practices appropriate to the nature of the covered information to protect the information from unauthorized access, destruction, use, modification, or disclosure.This bill would require an operator to disclose, as specified, existing terms of service related to student cyberbullying, as defined, and student cyberbullying reporting procedures and would require an operator to establish a mechanism that allows users to submit a cyberbullying report, as defined, within its internet website, online service, online application, or mobile application that is used by, designed for, or marketed to, minors attending schools for kindergarten and grades 1 to 12, inclusive, and to resolve all cyberbullying reports to determine whether cyberbullying, as defined, has occurred or not. The bill would require the operator to comply with specified procedures to resolve the report. The bill would provide that an operator who violates these provisions shall be subject to specified civil penalties, would require those penalties to be deposited in the Anti-Cyberbullying Fund, and would make those funds available upon appropriation by the Legislature. The bill would authorize the enforcement of these provisions by the Attorney General or by any district attorney, as specified. The that enables a school administrator, as defined, to report a student cyberbullying incident related to a student attending the school at which that administrator is employed. The bill would also require the operator to establish and maintain a database that records all instances of student cyberbullying reported by users or discovered by the operators employees.This bill would, starting July 1, 2023, and biannually every January 1 and July 1 thereafter, require an operator to disclose to the Legislature and on their internet website, online service, online application, or mobile application, as specified, the median time the operator takes to respond to a reported instance of student cyberbullying on their internet website, online service, online application, or mobile application, as specified. This bill would specify that its provisions are severable.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. Chapter 22.2.9 (commencing with Section 22589) is added to Division 8 of the Business and Professions Code, to read: CHAPTER 22.2.9. Student Cyberbullying Protection Act22589. For purposes of this chapter, the following definitions apply:(a) Content means media, including, but not limited to, text, images, videos, and groups of users that are created, posted, shared, or otherwise interacted with by users on an internet website, online service, online application, or mobile application.(b) (1) Cyberbullying means negative, harmful, false, or mean elements within content related to a person under 18 years of age attending a school for kindergarten and grades 1 to 12, inclusive, that are intended to cause that person embarrassment or humiliation, or sending, posting, or sharing negative, harmful, false, or mean content Student cyberbullying means harmful or false content related to a person under 18 years of age attending a school for kindergarten and grades 1 to 12, inclusive, that is intended to cause that person embarrassment or humiliation.(2) Cyberbullying Student cyberbullying does not include any of the following:(A) Content that is disseminated for the purpose of reporting unlawful activity.(B) Content that is directed at a public figure.(C) Content that exclusively contains information related to a matter of public concern.(c)Cyberbullying report means a user-created report that identifies content believed to contain cyberbullying or users believed to be engaging in cyberbullying. (d)(c) (1) Operator means any person or entity that owns an internet website, online service, online application, or mobile application with actual knowledge who knows or should know that the site, service, or application is used by, designed for, or marketed to, minors attending schools for kindergarten and grades 1 to 12, inclusive.(2) Operator does not include any third party that operates, hosts, or manages, but does not own, an internet website, online service, online application, or mobile application on the owners behalf or processes information on the owners behalf. service providers.(d) School administrator means an administrator, faculty member, or other employee of a school for kindergarten and grades 1 to 12, inclusive.22589.1.An operator shall establish a mechanism within its internet website, online service, online application, or mobile application that allows users to submit a cyberbullying report. The operator shall resolve all cyberbullying reports to determine whether cyberbullying has occurred or not.22589.2.(a)After the operator receives a cyberbullying report, an operator shall do both of the following:(1)Suspend users who are the subject of a cyberbullying report until the cyberbullying report is resolved.(2)Disable user engagement, including, but not limited to, comment sections associated with content that is the subject of a cyberbullying report until the cyberbullying report is resolved.(b)An operator shall resolve a cyberbullying report within 24 hours of receiving the report. If the operator determines cyberbullying has occurred, the operator shall do both of the following:(1)Permanently ban users who are responsible for the cyberbullying.(2)Delete the content that contains cyberbullying.(c)An operator shall work with school for kindergarten and grades 1 to 12, inclusive, to identify accountholders who create content that is the subject of cyberbullying reports, if applicable.(d)An operator violates this section if they fail to comply with subdivision (a) or (b).22589.3.(a)An operator who knowingly engages in a violation of Section 22589.2 shall be liable for a civil penalty not to exceed one thousand dollars ($1,000) per day for each day the operator is in violation of Section 22589.2.(b)Actions for relief pursuant to this chapter may be prosecuted exclusively in a court of competent jurisdiction in a civil action brought in the name of the people of the State of California by the Attorney General or by any district attorney. This chapter does not create a private right of action, or limit any existing private right of action.(c)(1)The Anti-Cyberbullying Fund is hereby established in the State Treasury.(2)All fines or penalties collected under this chapter shall be paid into the Anti-Cyberbullying Fund. Moneys in the fund shall be available upon appropriation by the Legislature.22589.1. (a) (1) An operator shall disclose all existing terms of service related to student cyberbullying and student cyberbullying reporting procedures within the terms of service, user agreement, or any other policies of their internet website, online service, online application, or mobile application.(2) The disclosure made pursuant to this subdivision shall be accessible by a link, located on the home page or first significant page after entering the internet website, online service, online application, or mobile application, that is in larger type than the surrounding text, or in contrasting type, font, or color to the surrounding text of the same size, or set off from the surrounding text of the same size by symbols or other marks that call attention to the link.(b) An operator shall establish a mechanism within its internet website, online service, online application, or mobile application, separate from existing reporting procedures, that enables a school administrator to report a student cyberbullying incident related to a student attending the school at which that administrator is employed.22589.2. An operator shall establish and maintain a database that records all instances of student cyberbullying reported by users or discovered by the operators employees.22589.3. (a) (1) Beginning July 1, 2023, and biannually every January 1 and July 1 thereafter, an operator shall disclose the median time the operator takes to respond to a reported instance of student cyberbullying on their internet website, online service, online application, or mobile application.(2) The disclosure made pursuant to this subdivision shall be accessible by a link, located on the home page or first significant page after entering the internet website, online service, online application, or mobile application, that is in larger type than the surrounding text, or in contrasting type, font, or color to the surrounding text of the same size, or set off from the surrounding text of the same size by symbols or other marks that call attention to the link.(b) (1) Beginning July 1, 2023, and biannually every January 1 and July 1 thereafter, an operator shall submit a report to the Legislature disclosing the median time the operator takes to respond to a reported instance of student cyberbullying on their internet website, online service, online application, or mobile application.(2) (A) The requirement for submitting a report imposed under this subdivision is inoperative on January 1, 2027, pursuant to Section 10231.5 of the Government Code.(B) A report to be submitted pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code.22589.4. The provisions of this chapter are severable. If any provision of this chapter or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.
Amended IN Assembly April 07, 2022 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 2879Introduced by Assembly Member LowFebruary 18, 2022An act to add Chapter 22.2.9 (commencing with Section 22589) to Division 8 of the Business and Professions Code, relating to online content. LEGISLATIVE COUNSEL'S DIGESTAB 2879, as amended, Low. Online content: Students: cyberbullying.Existing law, the Safe Place to Learn Act, requires the State Department of Education to assess whether local educational agencies have taken certain actions related to educational equity, including adopting a policy that prohibits discrimination, harassment, intimidation, and bullying based on specified characteristics. Existing law requires local educational agencies, as defined, to adopt procedures for preventing acts of bullying, including cyberbullying.Existing law, the Student Online Personal Information Protection Act, restricts the use of information about specified students by operators of certain internet websites, online services, online applications, or mobile applications by, among other things, prohibiting operators from engaging in targeted advertising, amassing student profiles except for prescribed school purposes, or selling or disclosing student information. Existing law also requires an operator to implement and maintain reasonable security procedures and practices appropriate to the nature of the covered information to protect the information from unauthorized access, destruction, use, modification, or disclosure.This bill would require an operator to disclose, as specified, existing terms of service related to student cyberbullying, as defined, and student cyberbullying reporting procedures and would require an operator to establish a mechanism that allows users to submit a cyberbullying report, as defined, within its internet website, online service, online application, or mobile application that is used by, designed for, or marketed to, minors attending schools for kindergarten and grades 1 to 12, inclusive, and to resolve all cyberbullying reports to determine whether cyberbullying, as defined, has occurred or not. The bill would require the operator to comply with specified procedures to resolve the report. The bill would provide that an operator who violates these provisions shall be subject to specified civil penalties, would require those penalties to be deposited in the Anti-Cyberbullying Fund, and would make those funds available upon appropriation by the Legislature. The bill would authorize the enforcement of these provisions by the Attorney General or by any district attorney, as specified. The that enables a school administrator, as defined, to report a student cyberbullying incident related to a student attending the school at which that administrator is employed. The bill would also require the operator to establish and maintain a database that records all instances of student cyberbullying reported by users or discovered by the operators employees.This bill would, starting July 1, 2023, and biannually every January 1 and July 1 thereafter, require an operator to disclose to the Legislature and on their internet website, online service, online application, or mobile application, as specified, the median time the operator takes to respond to a reported instance of student cyberbullying on their internet website, online service, online application, or mobile application, as specified. This bill would specify that its provisions are severable.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
Amended IN Assembly April 07, 2022
Amended IN Assembly April 07, 2022
CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION
Assembly Bill
No. 2879
Introduced by Assembly Member LowFebruary 18, 2022
Introduced by Assembly Member Low
February 18, 2022
An act to add Chapter 22.2.9 (commencing with Section 22589) to Division 8 of the Business and Professions Code, relating to online content.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 2879, as amended, Low. Online content: Students: cyberbullying.
Existing law, the Safe Place to Learn Act, requires the State Department of Education to assess whether local educational agencies have taken certain actions related to educational equity, including adopting a policy that prohibits discrimination, harassment, intimidation, and bullying based on specified characteristics. Existing law requires local educational agencies, as defined, to adopt procedures for preventing acts of bullying, including cyberbullying.Existing law, the Student Online Personal Information Protection Act, restricts the use of information about specified students by operators of certain internet websites, online services, online applications, or mobile applications by, among other things, prohibiting operators from engaging in targeted advertising, amassing student profiles except for prescribed school purposes, or selling or disclosing student information. Existing law also requires an operator to implement and maintain reasonable security procedures and practices appropriate to the nature of the covered information to protect the information from unauthorized access, destruction, use, modification, or disclosure.This bill would require an operator to disclose, as specified, existing terms of service related to student cyberbullying, as defined, and student cyberbullying reporting procedures and would require an operator to establish a mechanism that allows users to submit a cyberbullying report, as defined, within its internet website, online service, online application, or mobile application that is used by, designed for, or marketed to, minors attending schools for kindergarten and grades 1 to 12, inclusive, and to resolve all cyberbullying reports to determine whether cyberbullying, as defined, has occurred or not. The bill would require the operator to comply with specified procedures to resolve the report. The bill would provide that an operator who violates these provisions shall be subject to specified civil penalties, would require those penalties to be deposited in the Anti-Cyberbullying Fund, and would make those funds available upon appropriation by the Legislature. The bill would authorize the enforcement of these provisions by the Attorney General or by any district attorney, as specified. The that enables a school administrator, as defined, to report a student cyberbullying incident related to a student attending the school at which that administrator is employed. The bill would also require the operator to establish and maintain a database that records all instances of student cyberbullying reported by users or discovered by the operators employees.This bill would, starting July 1, 2023, and biannually every January 1 and July 1 thereafter, require an operator to disclose to the Legislature and on their internet website, online service, online application, or mobile application, as specified, the median time the operator takes to respond to a reported instance of student cyberbullying on their internet website, online service, online application, or mobile application, as specified. This bill would specify that its provisions are severable.
Existing law, the Safe Place to Learn Act, requires the State Department of Education to assess whether local educational agencies have taken certain actions related to educational equity, including adopting a policy that prohibits discrimination, harassment, intimidation, and bullying based on specified characteristics. Existing law requires local educational agencies, as defined, to adopt procedures for preventing acts of bullying, including cyberbullying.
Existing law, the Student Online Personal Information Protection Act, restricts the use of information about specified students by operators of certain internet websites, online services, online applications, or mobile applications by, among other things, prohibiting operators from engaging in targeted advertising, amassing student profiles except for prescribed school purposes, or selling or disclosing student information. Existing law also requires an operator to implement and maintain reasonable security procedures and practices appropriate to the nature of the covered information to protect the information from unauthorized access, destruction, use, modification, or disclosure.
This bill would require an operator to disclose, as specified, existing terms of service related to student cyberbullying, as defined, and student cyberbullying reporting procedures and would require an operator to establish a mechanism that allows users to submit a cyberbullying report, as defined, within its internet website, online service, online application, or mobile application that is used by, designed for, or marketed to, minors attending schools for kindergarten and grades 1 to 12, inclusive, and to resolve all cyberbullying reports to determine whether cyberbullying, as defined, has occurred or not. The bill would require the operator to comply with specified procedures to resolve the report. The bill would provide that an operator who violates these provisions shall be subject to specified civil penalties, would require those penalties to be deposited in the Anti-Cyberbullying Fund, and would make those funds available upon appropriation by the Legislature. The bill would authorize the enforcement of these provisions by the Attorney General or by any district attorney, as specified. The that enables a school administrator, as defined, to report a student cyberbullying incident related to a student attending the school at which that administrator is employed. The bill would also require the operator to establish and maintain a database that records all instances of student cyberbullying reported by users or discovered by the operators employees.
This bill would, starting July 1, 2023, and biannually every January 1 and July 1 thereafter, require an operator to disclose to the Legislature and on their internet website, online service, online application, or mobile application, as specified, the median time the operator takes to respond to a reported instance of student cyberbullying on their internet website, online service, online application, or mobile application, as specified.
This bill would specify that its provisions are severable.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Chapter 22.2.9 (commencing with Section 22589) is added to Division 8 of the Business and Professions Code, to read: CHAPTER 22.2.9. Student Cyberbullying Protection Act22589. For purposes of this chapter, the following definitions apply:(a) Content means media, including, but not limited to, text, images, videos, and groups of users that are created, posted, shared, or otherwise interacted with by users on an internet website, online service, online application, or mobile application.(b) (1) Cyberbullying means negative, harmful, false, or mean elements within content related to a person under 18 years of age attending a school for kindergarten and grades 1 to 12, inclusive, that are intended to cause that person embarrassment or humiliation, or sending, posting, or sharing negative, harmful, false, or mean content Student cyberbullying means harmful or false content related to a person under 18 years of age attending a school for kindergarten and grades 1 to 12, inclusive, that is intended to cause that person embarrassment or humiliation.(2) Cyberbullying Student cyberbullying does not include any of the following:(A) Content that is disseminated for the purpose of reporting unlawful activity.(B) Content that is directed at a public figure.(C) Content that exclusively contains information related to a matter of public concern.(c)Cyberbullying report means a user-created report that identifies content believed to contain cyberbullying or users believed to be engaging in cyberbullying. (d)(c) (1) Operator means any person or entity that owns an internet website, online service, online application, or mobile application with actual knowledge who knows or should know that the site, service, or application is used by, designed for, or marketed to, minors attending schools for kindergarten and grades 1 to 12, inclusive.(2) Operator does not include any third party that operates, hosts, or manages, but does not own, an internet website, online service, online application, or mobile application on the owners behalf or processes information on the owners behalf. service providers.(d) School administrator means an administrator, faculty member, or other employee of a school for kindergarten and grades 1 to 12, inclusive.22589.1.An operator shall establish a mechanism within its internet website, online service, online application, or mobile application that allows users to submit a cyberbullying report. The operator shall resolve all cyberbullying reports to determine whether cyberbullying has occurred or not.22589.2.(a)After the operator receives a cyberbullying report, an operator shall do both of the following:(1)Suspend users who are the subject of a cyberbullying report until the cyberbullying report is resolved.(2)Disable user engagement, including, but not limited to, comment sections associated with content that is the subject of a cyberbullying report until the cyberbullying report is resolved.(b)An operator shall resolve a cyberbullying report within 24 hours of receiving the report. If the operator determines cyberbullying has occurred, the operator shall do both of the following:(1)Permanently ban users who are responsible for the cyberbullying.(2)Delete the content that contains cyberbullying.(c)An operator shall work with school for kindergarten and grades 1 to 12, inclusive, to identify accountholders who create content that is the subject of cyberbullying reports, if applicable.(d)An operator violates this section if they fail to comply with subdivision (a) or (b).22589.3.(a)An operator who knowingly engages in a violation of Section 22589.2 shall be liable for a civil penalty not to exceed one thousand dollars ($1,000) per day for each day the operator is in violation of Section 22589.2.(b)Actions for relief pursuant to this chapter may be prosecuted exclusively in a court of competent jurisdiction in a civil action brought in the name of the people of the State of California by the Attorney General or by any district attorney. This chapter does not create a private right of action, or limit any existing private right of action.(c)(1)The Anti-Cyberbullying Fund is hereby established in the State Treasury.(2)All fines or penalties collected under this chapter shall be paid into the Anti-Cyberbullying Fund. Moneys in the fund shall be available upon appropriation by the Legislature.22589.1. (a) (1) An operator shall disclose all existing terms of service related to student cyberbullying and student cyberbullying reporting procedures within the terms of service, user agreement, or any other policies of their internet website, online service, online application, or mobile application.(2) The disclosure made pursuant to this subdivision shall be accessible by a link, located on the home page or first significant page after entering the internet website, online service, online application, or mobile application, that is in larger type than the surrounding text, or in contrasting type, font, or color to the surrounding text of the same size, or set off from the surrounding text of the same size by symbols or other marks that call attention to the link.(b) An operator shall establish a mechanism within its internet website, online service, online application, or mobile application, separate from existing reporting procedures, that enables a school administrator to report a student cyberbullying incident related to a student attending the school at which that administrator is employed.22589.2. An operator shall establish and maintain a database that records all instances of student cyberbullying reported by users or discovered by the operators employees.22589.3. (a) (1) Beginning July 1, 2023, and biannually every January 1 and July 1 thereafter, an operator shall disclose the median time the operator takes to respond to a reported instance of student cyberbullying on their internet website, online service, online application, or mobile application.(2) The disclosure made pursuant to this subdivision shall be accessible by a link, located on the home page or first significant page after entering the internet website, online service, online application, or mobile application, that is in larger type than the surrounding text, or in contrasting type, font, or color to the surrounding text of the same size, or set off from the surrounding text of the same size by symbols or other marks that call attention to the link.(b) (1) Beginning July 1, 2023, and biannually every January 1 and July 1 thereafter, an operator shall submit a report to the Legislature disclosing the median time the operator takes to respond to a reported instance of student cyberbullying on their internet website, online service, online application, or mobile application.(2) (A) The requirement for submitting a report imposed under this subdivision is inoperative on January 1, 2027, pursuant to Section 10231.5 of the Government Code.(B) A report to be submitted pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code.22589.4. The provisions of this chapter are severable. If any provision of this chapter or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.
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 22.2.9 (commencing with Section 22589) is added to Division 8 of the Business and Professions Code, to read: CHAPTER 22.2.9. Student Cyberbullying Protection Act22589. For purposes of this chapter, the following definitions apply:(a) Content means media, including, but not limited to, text, images, videos, and groups of users that are created, posted, shared, or otherwise interacted with by users on an internet website, online service, online application, or mobile application.(b) (1) Cyberbullying means negative, harmful, false, or mean elements within content related to a person under 18 years of age attending a school for kindergarten and grades 1 to 12, inclusive, that are intended to cause that person embarrassment or humiliation, or sending, posting, or sharing negative, harmful, false, or mean content Student cyberbullying means harmful or false content related to a person under 18 years of age attending a school for kindergarten and grades 1 to 12, inclusive, that is intended to cause that person embarrassment or humiliation.(2) Cyberbullying Student cyberbullying does not include any of the following:(A) Content that is disseminated for the purpose of reporting unlawful activity.(B) Content that is directed at a public figure.(C) Content that exclusively contains information related to a matter of public concern.(c)Cyberbullying report means a user-created report that identifies content believed to contain cyberbullying or users believed to be engaging in cyberbullying. (d)(c) (1) Operator means any person or entity that owns an internet website, online service, online application, or mobile application with actual knowledge who knows or should know that the site, service, or application is used by, designed for, or marketed to, minors attending schools for kindergarten and grades 1 to 12, inclusive.(2) Operator does not include any third party that operates, hosts, or manages, but does not own, an internet website, online service, online application, or mobile application on the owners behalf or processes information on the owners behalf. service providers.(d) School administrator means an administrator, faculty member, or other employee of a school for kindergarten and grades 1 to 12, inclusive.22589.1.An operator shall establish a mechanism within its internet website, online service, online application, or mobile application that allows users to submit a cyberbullying report. The operator shall resolve all cyberbullying reports to determine whether cyberbullying has occurred or not.22589.2.(a)After the operator receives a cyberbullying report, an operator shall do both of the following:(1)Suspend users who are the subject of a cyberbullying report until the cyberbullying report is resolved.(2)Disable user engagement, including, but not limited to, comment sections associated with content that is the subject of a cyberbullying report until the cyberbullying report is resolved.(b)An operator shall resolve a cyberbullying report within 24 hours of receiving the report. If the operator determines cyberbullying has occurred, the operator shall do both of the following:(1)Permanently ban users who are responsible for the cyberbullying.(2)Delete the content that contains cyberbullying.(c)An operator shall work with school for kindergarten and grades 1 to 12, inclusive, to identify accountholders who create content that is the subject of cyberbullying reports, if applicable.(d)An operator violates this section if they fail to comply with subdivision (a) or (b).22589.3.(a)An operator who knowingly engages in a violation of Section 22589.2 shall be liable for a civil penalty not to exceed one thousand dollars ($1,000) per day for each day the operator is in violation of Section 22589.2.(b)Actions for relief pursuant to this chapter may be prosecuted exclusively in a court of competent jurisdiction in a civil action brought in the name of the people of the State of California by the Attorney General or by any district attorney. This chapter does not create a private right of action, or limit any existing private right of action.(c)(1)The Anti-Cyberbullying Fund is hereby established in the State Treasury.(2)All fines or penalties collected under this chapter shall be paid into the Anti-Cyberbullying Fund. Moneys in the fund shall be available upon appropriation by the Legislature.22589.1. (a) (1) An operator shall disclose all existing terms of service related to student cyberbullying and student cyberbullying reporting procedures within the terms of service, user agreement, or any other policies of their internet website, online service, online application, or mobile application.(2) The disclosure made pursuant to this subdivision shall be accessible by a link, located on the home page or first significant page after entering the internet website, online service, online application, or mobile application, that is in larger type than the surrounding text, or in contrasting type, font, or color to the surrounding text of the same size, or set off from the surrounding text of the same size by symbols or other marks that call attention to the link.(b) An operator shall establish a mechanism within its internet website, online service, online application, or mobile application, separate from existing reporting procedures, that enables a school administrator to report a student cyberbullying incident related to a student attending the school at which that administrator is employed.22589.2. An operator shall establish and maintain a database that records all instances of student cyberbullying reported by users or discovered by the operators employees.22589.3. (a) (1) Beginning July 1, 2023, and biannually every January 1 and July 1 thereafter, an operator shall disclose the median time the operator takes to respond to a reported instance of student cyberbullying on their internet website, online service, online application, or mobile application.(2) The disclosure made pursuant to this subdivision shall be accessible by a link, located on the home page or first significant page after entering the internet website, online service, online application, or mobile application, that is in larger type than the surrounding text, or in contrasting type, font, or color to the surrounding text of the same size, or set off from the surrounding text of the same size by symbols or other marks that call attention to the link.(b) (1) Beginning July 1, 2023, and biannually every January 1 and July 1 thereafter, an operator shall submit a report to the Legislature disclosing the median time the operator takes to respond to a reported instance of student cyberbullying on their internet website, online service, online application, or mobile application.(2) (A) The requirement for submitting a report imposed under this subdivision is inoperative on January 1, 2027, pursuant to Section 10231.5 of the Government Code.(B) A report to be submitted pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code.22589.4. The provisions of this chapter are severable. If any provision of this chapter or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.
SECTION 1. Chapter 22.2.9 (commencing with Section 22589) is added to Division 8 of the Business and Professions Code, to read:
### SECTION 1.
CHAPTER 22.2.9. Student Cyberbullying Protection Act22589. For purposes of this chapter, the following definitions apply:(a) Content means media, including, but not limited to, text, images, videos, and groups of users that are created, posted, shared, or otherwise interacted with by users on an internet website, online service, online application, or mobile application.(b) (1) Cyberbullying means negative, harmful, false, or mean elements within content related to a person under 18 years of age attending a school for kindergarten and grades 1 to 12, inclusive, that are intended to cause that person embarrassment or humiliation, or sending, posting, or sharing negative, harmful, false, or mean content Student cyberbullying means harmful or false content related to a person under 18 years of age attending a school for kindergarten and grades 1 to 12, inclusive, that is intended to cause that person embarrassment or humiliation.(2) Cyberbullying Student cyberbullying does not include any of the following:(A) Content that is disseminated for the purpose of reporting unlawful activity.(B) Content that is directed at a public figure.(C) Content that exclusively contains information related to a matter of public concern.(c)Cyberbullying report means a user-created report that identifies content believed to contain cyberbullying or users believed to be engaging in cyberbullying. (d)(c) (1) Operator means any person or entity that owns an internet website, online service, online application, or mobile application with actual knowledge who knows or should know that the site, service, or application is used by, designed for, or marketed to, minors attending schools for kindergarten and grades 1 to 12, inclusive.(2) Operator does not include any third party that operates, hosts, or manages, but does not own, an internet website, online service, online application, or mobile application on the owners behalf or processes information on the owners behalf. service providers.(d) School administrator means an administrator, faculty member, or other employee of a school for kindergarten and grades 1 to 12, inclusive.22589.1.An operator shall establish a mechanism within its internet website, online service, online application, or mobile application that allows users to submit a cyberbullying report. The operator shall resolve all cyberbullying reports to determine whether cyberbullying has occurred or not.22589.2.(a)After the operator receives a cyberbullying report, an operator shall do both of the following:(1)Suspend users who are the subject of a cyberbullying report until the cyberbullying report is resolved.(2)Disable user engagement, including, but not limited to, comment sections associated with content that is the subject of a cyberbullying report until the cyberbullying report is resolved.(b)An operator shall resolve a cyberbullying report within 24 hours of receiving the report. If the operator determines cyberbullying has occurred, the operator shall do both of the following:(1)Permanently ban users who are responsible for the cyberbullying.(2)Delete the content that contains cyberbullying.(c)An operator shall work with school for kindergarten and grades 1 to 12, inclusive, to identify accountholders who create content that is the subject of cyberbullying reports, if applicable.(d)An operator violates this section if they fail to comply with subdivision (a) or (b).22589.3.(a)An operator who knowingly engages in a violation of Section 22589.2 shall be liable for a civil penalty not to exceed one thousand dollars ($1,000) per day for each day the operator is in violation of Section 22589.2.(b)Actions for relief pursuant to this chapter may be prosecuted exclusively in a court of competent jurisdiction in a civil action brought in the name of the people of the State of California by the Attorney General or by any district attorney. This chapter does not create a private right of action, or limit any existing private right of action.(c)(1)The Anti-Cyberbullying Fund is hereby established in the State Treasury.(2)All fines or penalties collected under this chapter shall be paid into the Anti-Cyberbullying Fund. Moneys in the fund shall be available upon appropriation by the Legislature.22589.1. (a) (1) An operator shall disclose all existing terms of service related to student cyberbullying and student cyberbullying reporting procedures within the terms of service, user agreement, or any other policies of their internet website, online service, online application, or mobile application.(2) The disclosure made pursuant to this subdivision shall be accessible by a link, located on the home page or first significant page after entering the internet website, online service, online application, or mobile application, that is in larger type than the surrounding text, or in contrasting type, font, or color to the surrounding text of the same size, or set off from the surrounding text of the same size by symbols or other marks that call attention to the link.(b) An operator shall establish a mechanism within its internet website, online service, online application, or mobile application, separate from existing reporting procedures, that enables a school administrator to report a student cyberbullying incident related to a student attending the school at which that administrator is employed.22589.2. An operator shall establish and maintain a database that records all instances of student cyberbullying reported by users or discovered by the operators employees.22589.3. (a) (1) Beginning July 1, 2023, and biannually every January 1 and July 1 thereafter, an operator shall disclose the median time the operator takes to respond to a reported instance of student cyberbullying on their internet website, online service, online application, or mobile application.(2) The disclosure made pursuant to this subdivision shall be accessible by a link, located on the home page or first significant page after entering the internet website, online service, online application, or mobile application, that is in larger type than the surrounding text, or in contrasting type, font, or color to the surrounding text of the same size, or set off from the surrounding text of the same size by symbols or other marks that call attention to the link.(b) (1) Beginning July 1, 2023, and biannually every January 1 and July 1 thereafter, an operator shall submit a report to the Legislature disclosing the median time the operator takes to respond to a reported instance of student cyberbullying on their internet website, online service, online application, or mobile application.(2) (A) The requirement for submitting a report imposed under this subdivision is inoperative on January 1, 2027, pursuant to Section 10231.5 of the Government Code.(B) A report to be submitted pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code.22589.4. The provisions of this chapter are severable. If any provision of this chapter or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.
CHAPTER 22.2.9. Student Cyberbullying Protection Act22589. For purposes of this chapter, the following definitions apply:(a) Content means media, including, but not limited to, text, images, videos, and groups of users that are created, posted, shared, or otherwise interacted with by users on an internet website, online service, online application, or mobile application.(b) (1) Cyberbullying means negative, harmful, false, or mean elements within content related to a person under 18 years of age attending a school for kindergarten and grades 1 to 12, inclusive, that are intended to cause that person embarrassment or humiliation, or sending, posting, or sharing negative, harmful, false, or mean content Student cyberbullying means harmful or false content related to a person under 18 years of age attending a school for kindergarten and grades 1 to 12, inclusive, that is intended to cause that person embarrassment or humiliation.(2) Cyberbullying Student cyberbullying does not include any of the following:(A) Content that is disseminated for the purpose of reporting unlawful activity.(B) Content that is directed at a public figure.(C) Content that exclusively contains information related to a matter of public concern.(c)Cyberbullying report means a user-created report that identifies content believed to contain cyberbullying or users believed to be engaging in cyberbullying. (d)(c) (1) Operator means any person or entity that owns an internet website, online service, online application, or mobile application with actual knowledge who knows or should know that the site, service, or application is used by, designed for, or marketed to, minors attending schools for kindergarten and grades 1 to 12, inclusive.(2) Operator does not include any third party that operates, hosts, or manages, but does not own, an internet website, online service, online application, or mobile application on the owners behalf or processes information on the owners behalf. service providers.(d) School administrator means an administrator, faculty member, or other employee of a school for kindergarten and grades 1 to 12, inclusive.22589.1.An operator shall establish a mechanism within its internet website, online service, online application, or mobile application that allows users to submit a cyberbullying report. The operator shall resolve all cyberbullying reports to determine whether cyberbullying has occurred or not.22589.2.(a)After the operator receives a cyberbullying report, an operator shall do both of the following:(1)Suspend users who are the subject of a cyberbullying report until the cyberbullying report is resolved.(2)Disable user engagement, including, but not limited to, comment sections associated with content that is the subject of a cyberbullying report until the cyberbullying report is resolved.(b)An operator shall resolve a cyberbullying report within 24 hours of receiving the report. If the operator determines cyberbullying has occurred, the operator shall do both of the following:(1)Permanently ban users who are responsible for the cyberbullying.(2)Delete the content that contains cyberbullying.(c)An operator shall work with school for kindergarten and grades 1 to 12, inclusive, to identify accountholders who create content that is the subject of cyberbullying reports, if applicable.(d)An operator violates this section if they fail to comply with subdivision (a) or (b).22589.3.(a)An operator who knowingly engages in a violation of Section 22589.2 shall be liable for a civil penalty not to exceed one thousand dollars ($1,000) per day for each day the operator is in violation of Section 22589.2.(b)Actions for relief pursuant to this chapter may be prosecuted exclusively in a court of competent jurisdiction in a civil action brought in the name of the people of the State of California by the Attorney General or by any district attorney. This chapter does not create a private right of action, or limit any existing private right of action.(c)(1)The Anti-Cyberbullying Fund is hereby established in the State Treasury.(2)All fines or penalties collected under this chapter shall be paid into the Anti-Cyberbullying Fund. Moneys in the fund shall be available upon appropriation by the Legislature.22589.1. (a) (1) An operator shall disclose all existing terms of service related to student cyberbullying and student cyberbullying reporting procedures within the terms of service, user agreement, or any other policies of their internet website, online service, online application, or mobile application.(2) The disclosure made pursuant to this subdivision shall be accessible by a link, located on the home page or first significant page after entering the internet website, online service, online application, or mobile application, that is in larger type than the surrounding text, or in contrasting type, font, or color to the surrounding text of the same size, or set off from the surrounding text of the same size by symbols or other marks that call attention to the link.(b) An operator shall establish a mechanism within its internet website, online service, online application, or mobile application, separate from existing reporting procedures, that enables a school administrator to report a student cyberbullying incident related to a student attending the school at which that administrator is employed.22589.2. An operator shall establish and maintain a database that records all instances of student cyberbullying reported by users or discovered by the operators employees.22589.3. (a) (1) Beginning July 1, 2023, and biannually every January 1 and July 1 thereafter, an operator shall disclose the median time the operator takes to respond to a reported instance of student cyberbullying on their internet website, online service, online application, or mobile application.(2) The disclosure made pursuant to this subdivision shall be accessible by a link, located on the home page or first significant page after entering the internet website, online service, online application, or mobile application, that is in larger type than the surrounding text, or in contrasting type, font, or color to the surrounding text of the same size, or set off from the surrounding text of the same size by symbols or other marks that call attention to the link.(b) (1) Beginning July 1, 2023, and biannually every January 1 and July 1 thereafter, an operator shall submit a report to the Legislature disclosing the median time the operator takes to respond to a reported instance of student cyberbullying on their internet website, online service, online application, or mobile application.(2) (A) The requirement for submitting a report imposed under this subdivision is inoperative on January 1, 2027, pursuant to Section 10231.5 of the Government Code.(B) A report to be submitted pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code.22589.4. The provisions of this chapter are severable. If any provision of this chapter or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.
CHAPTER 22.2.9. Student Cyberbullying Protection Act
CHAPTER 22.2.9. Student Cyberbullying Protection Act
22589. For purposes of this chapter, the following definitions apply:(a) Content means media, including, but not limited to, text, images, videos, and groups of users that are created, posted, shared, or otherwise interacted with by users on an internet website, online service, online application, or mobile application.(b) (1) Cyberbullying means negative, harmful, false, or mean elements within content related to a person under 18 years of age attending a school for kindergarten and grades 1 to 12, inclusive, that are intended to cause that person embarrassment or humiliation, or sending, posting, or sharing negative, harmful, false, or mean content Student cyberbullying means harmful or false content related to a person under 18 years of age attending a school for kindergarten and grades 1 to 12, inclusive, that is intended to cause that person embarrassment or humiliation.(2) Cyberbullying Student cyberbullying does not include any of the following:(A) Content that is disseminated for the purpose of reporting unlawful activity.(B) Content that is directed at a public figure.(C) Content that exclusively contains information related to a matter of public concern.(c)Cyberbullying report means a user-created report that identifies content believed to contain cyberbullying or users believed to be engaging in cyberbullying. (d)(c) (1) Operator means any person or entity that owns an internet website, online service, online application, or mobile application with actual knowledge who knows or should know that the site, service, or application is used by, designed for, or marketed to, minors attending schools for kindergarten and grades 1 to 12, inclusive.(2) Operator does not include any third party that operates, hosts, or manages, but does not own, an internet website, online service, online application, or mobile application on the owners behalf or processes information on the owners behalf. service providers.(d) School administrator means an administrator, faculty member, or other employee of a school for kindergarten and grades 1 to 12, inclusive.
22589. For purposes of this chapter, the following definitions apply:
(a) Content means media, including, but not limited to, text, images, videos, and groups of users that are created, posted, shared, or otherwise interacted with by users on an internet website, online service, online application, or mobile application.
(b) (1) Cyberbullying means negative, harmful, false, or mean elements within content related to a person under 18 years of age attending a school for kindergarten and grades 1 to 12, inclusive, that are intended to cause that person embarrassment or humiliation, or sending, posting, or sharing negative, harmful, false, or mean content Student cyberbullying means harmful or false content related to a person under 18 years of age attending a school for kindergarten and grades 1 to 12, inclusive, that is intended to cause that person embarrassment or humiliation.
(2) Cyberbullying Student cyberbullying does not include any of the following:
(A) Content that is disseminated for the purpose of reporting unlawful activity.
(B) Content that is directed at a public figure.
(C) Content that exclusively contains information related to a matter of public concern.
(c)Cyberbullying report means a user-created report that identifies content believed to contain cyberbullying or users believed to be engaging in cyberbullying.
(d)
(c) (1) Operator means any person or entity that owns an internet website, online service, online application, or mobile application with actual knowledge who knows or should know that the site, service, or application is used by, designed for, or marketed to, minors attending schools for kindergarten and grades 1 to 12, inclusive.
(2) Operator does not include any third party that operates, hosts, or manages, but does not own, an internet website, online service, online application, or mobile application on the owners behalf or processes information on the owners behalf. service providers.
(d) School administrator means an administrator, faculty member, or other employee of a school for kindergarten and grades 1 to 12, inclusive.
An operator shall establish a mechanism within its internet website, online service, online application, or mobile application that allows users to submit a cyberbullying report. The operator shall resolve all cyberbullying reports to determine whether cyberbullying has occurred or not.
(a)After the operator receives a cyberbullying report, an operator shall do both of the following:
(1)Suspend users who are the subject of a cyberbullying report until the cyberbullying report is resolved.
(2)Disable user engagement, including, but not limited to, comment sections associated with content that is the subject of a cyberbullying report until the cyberbullying report is resolved.
(b)An operator shall resolve a cyberbullying report within 24 hours of receiving the report. If the operator determines cyberbullying has occurred, the operator shall do both of the following:
(1)Permanently ban users who are responsible for the cyberbullying.
(2)Delete the content that contains cyberbullying.
(c)An operator shall work with school for kindergarten and grades 1 to 12, inclusive, to identify accountholders who create content that is the subject of cyberbullying reports, if applicable.
(d)An operator violates this section if they fail to comply with subdivision (a) or (b).
(a)An operator who knowingly engages in a violation of Section 22589.2 shall be liable for a civil penalty not to exceed one thousand dollars ($1,000) per day for each day the operator is in violation of Section 22589.2.
(b)Actions for relief pursuant to this chapter may be prosecuted exclusively in a court of competent jurisdiction in a civil action brought in the name of the people of the State of California by the Attorney General or by any district attorney. This chapter does not create a private right of action, or limit any existing private right of action.
(c)(1)The Anti-Cyberbullying Fund is hereby established in the State Treasury.
(2)All fines or penalties collected under this chapter shall be paid into the Anti-Cyberbullying Fund. Moneys in the fund shall be available upon appropriation by the Legislature.
22589.1. (a) (1) An operator shall disclose all existing terms of service related to student cyberbullying and student cyberbullying reporting procedures within the terms of service, user agreement, or any other policies of their internet website, online service, online application, or mobile application.(2) The disclosure made pursuant to this subdivision shall be accessible by a link, located on the home page or first significant page after entering the internet website, online service, online application, or mobile application, that is in larger type than the surrounding text, or in contrasting type, font, or color to the surrounding text of the same size, or set off from the surrounding text of the same size by symbols or other marks that call attention to the link.(b) An operator shall establish a mechanism within its internet website, online service, online application, or mobile application, separate from existing reporting procedures, that enables a school administrator to report a student cyberbullying incident related to a student attending the school at which that administrator is employed.
22589.1. (a) (1) An operator shall disclose all existing terms of service related to student cyberbullying and student cyberbullying reporting procedures within the terms of service, user agreement, or any other policies of their internet website, online service, online application, or mobile application.
(2) The disclosure made pursuant to this subdivision shall be accessible by a link, located on the home page or first significant page after entering the internet website, online service, online application, or mobile application, that is in larger type than the surrounding text, or in contrasting type, font, or color to the surrounding text of the same size, or set off from the surrounding text of the same size by symbols or other marks that call attention to the link.
(b) An operator shall establish a mechanism within its internet website, online service, online application, or mobile application, separate from existing reporting procedures, that enables a school administrator to report a student cyberbullying incident related to a student attending the school at which that administrator is employed.
22589.2. An operator shall establish and maintain a database that records all instances of student cyberbullying reported by users or discovered by the operators employees.
22589.2. An operator shall establish and maintain a database that records all instances of student cyberbullying reported by users or discovered by the operators employees.
22589.3. (a) (1) Beginning July 1, 2023, and biannually every January 1 and July 1 thereafter, an operator shall disclose the median time the operator takes to respond to a reported instance of student cyberbullying on their internet website, online service, online application, or mobile application.(2) The disclosure made pursuant to this subdivision shall be accessible by a link, located on the home page or first significant page after entering the internet website, online service, online application, or mobile application, that is in larger type than the surrounding text, or in contrasting type, font, or color to the surrounding text of the same size, or set off from the surrounding text of the same size by symbols or other marks that call attention to the link.(b) (1) Beginning July 1, 2023, and biannually every January 1 and July 1 thereafter, an operator shall submit a report to the Legislature disclosing the median time the operator takes to respond to a reported instance of student cyberbullying on their internet website, online service, online application, or mobile application.(2) (A) The requirement for submitting a report imposed under this subdivision is inoperative on January 1, 2027, pursuant to Section 10231.5 of the Government Code.(B) A report to be submitted pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code.
22589.3. (a) (1) Beginning July 1, 2023, and biannually every January 1 and July 1 thereafter, an operator shall disclose the median time the operator takes to respond to a reported instance of student cyberbullying on their internet website, online service, online application, or mobile application.
(2) The disclosure made pursuant to this subdivision shall be accessible by a link, located on the home page or first significant page after entering the internet website, online service, online application, or mobile application, that is in larger type than the surrounding text, or in contrasting type, font, or color to the surrounding text of the same size, or set off from the surrounding text of the same size by symbols or other marks that call attention to the link.
(b) (1) Beginning July 1, 2023, and biannually every January 1 and July 1 thereafter, an operator shall submit a report to the Legislature disclosing the median time the operator takes to respond to a reported instance of student cyberbullying on their internet website, online service, online application, or mobile application.
(2) (A) The requirement for submitting a report imposed under this subdivision is inoperative on January 1, 2027, pursuant to Section 10231.5 of the Government Code.
(B) A report to be submitted pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code.
22589.4. The provisions of this chapter are severable. If any provision of this chapter or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.
22589.4. The provisions of this chapter are severable. If any provision of this chapter or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.