Amended IN Assembly April 21, 2022 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 also prohibits a pupil from being suspended from school or recommended for expulsion, unless the superintendent of the school district or the principal of the school in which the pupil is enrolled determines that the pupil has committed a specified act, including, among other acts, engaging in an act of bullying, which includes communications made in writing or by means of an electronic act, as defined.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 a social media platform, as defined, to disclose all student cyberbullying, as defined, reporting procedures in the social media platforms terms of service and would require an operator a social media platform to establish a mechanism 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, internet-based service 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 a social media platform to disclose to the Legislature and on their internet website, online service, online application, or mobile application, as specified, in their terms of service the median time the operator social media platform takes to respond to a reported instance of student cyberbullying on their internet website, online service, online application, or mobile application, as specified. platform. This bill would specify that its provisions are severable.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YESNO 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)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)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)(1)Operator means any person or entity that owns an internet website, online service, online application, or mobile application 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 service providers.(a) Student cyberbullying means any severe or pervasive conduct made by an electronic act or acts, as defined in paragraph (2) of subdivision (r) of Section 48900 of the Education Code, committed by a pupil or group of pupils directed toward one or more pupils that has or can be reasonably be predicted to have the effect of one or more of the following:(1) Placing a reasonable pupil or pupils in fear of harm to that pupils or those pupils person or property.(2) Causing a reasonable pupil to experience a substantially detrimental effect on the pupils physical or mental health.(3) Causing a reasonable pupil to experience substantial interference with the pupils academic performance.(4) Causing a reasonable pupil to experience substantial interference with the pupils ability to participate in or benefit from the services, activities, or privileges provided by a school.(b) (1) Social media platform means an internet-based service that generated at least one hundred million dollars ($100,000,000) in gross revenue during the preceding calendar year and allows individuals to do all of the following:(A) Construct a public or semipublic profile within a bounded system created by the service.(B) Create a list of other users with whom an individual shares a connection within the system.(C) View and navigate a list of other users individual connections.(2) Social media platform does not include electronic mail and direct messaging between users or groups of users.(d)(c) School administrator means an administrator, faculty member, or other employee of a school for kindergarten and grades 1 to 12, inclusive.22589.1. (a) (1)An operator A social media platform 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. student cyberbullying reporting procedures in the social media platforms terms of service.(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 A social media platform shall establish a mechanism within its internet website, online service, online application, or mobile application, internet-based service, 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 a social media platform shall disclose in their terms of service the median time the operator social media platform takes to respond to a reported instance of student cyberbullying on their internet website, online service, online application, or mobile application. platform.(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 21, 2022 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 also prohibits a pupil from being suspended from school or recommended for expulsion, unless the superintendent of the school district or the principal of the school in which the pupil is enrolled determines that the pupil has committed a specified act, including, among other acts, engaging in an act of bullying, which includes communications made in writing or by means of an electronic act, as defined.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 a social media platform, as defined, to disclose all student cyberbullying, as defined, reporting procedures in the social media platforms terms of service and would require an operator a social media platform to establish a mechanism 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, internet-based service 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 a social media platform to disclose to the Legislature and on their internet website, online service, online application, or mobile application, as specified, in their terms of service the median time the operator social media platform takes to respond to a reported instance of student cyberbullying on their internet website, online service, online application, or mobile application, as specified. platform. This bill would specify that its provisions are severable.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YESNO Local Program: NO
Amended IN Assembly April 21, 2022 Amended IN Assembly April 07, 2022
Amended IN Assembly April 21, 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 also prohibits a pupil from being suspended from school or recommended for expulsion, unless the superintendent of the school district or the principal of the school in which the pupil is enrolled determines that the pupil has committed a specified act, including, among other acts, engaging in an act of bullying, which includes communications made in writing or by means of an electronic act, as defined.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 a social media platform, as defined, to disclose all student cyberbullying, as defined, reporting procedures in the social media platforms terms of service and would require an operator a social media platform to establish a mechanism 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, internet-based service 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 a social media platform to disclose to the Legislature and on their internet website, online service, online application, or mobile application, as specified, in their terms of service the median time the operator social media platform takes to respond to a reported instance of student cyberbullying on their internet website, online service, online application, or mobile application, as specified. platform. 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 also prohibits a pupil from being suspended from school or recommended for expulsion, unless the superintendent of the school district or the principal of the school in which the pupil is enrolled determines that the pupil has committed a specified act, including, among other acts, engaging in an act of bullying, which includes communications made in writing or by means of an electronic act, as defined.
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 a social media platform, as defined, to disclose all student cyberbullying, as defined, reporting procedures in the social media platforms terms of service and would require an operator a social media platform to establish a mechanism 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, internet-based service 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 a social media platform to disclose to the Legislature and on their internet website, online service, online application, or mobile application, as specified, in their terms of service the median time the operator social media platform takes to respond to a reported instance of student cyberbullying on their internet website, online service, online application, or mobile application, as specified. platform.
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)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)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)(1)Operator means any person or entity that owns an internet website, online service, online application, or mobile application 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 service providers.(a) Student cyberbullying means any severe or pervasive conduct made by an electronic act or acts, as defined in paragraph (2) of subdivision (r) of Section 48900 of the Education Code, committed by a pupil or group of pupils directed toward one or more pupils that has or can be reasonably be predicted to have the effect of one or more of the following:(1) Placing a reasonable pupil or pupils in fear of harm to that pupils or those pupils person or property.(2) Causing a reasonable pupil to experience a substantially detrimental effect on the pupils physical or mental health.(3) Causing a reasonable pupil to experience substantial interference with the pupils academic performance.(4) Causing a reasonable pupil to experience substantial interference with the pupils ability to participate in or benefit from the services, activities, or privileges provided by a school.(b) (1) Social media platform means an internet-based service that generated at least one hundred million dollars ($100,000,000) in gross revenue during the preceding calendar year and allows individuals to do all of the following:(A) Construct a public or semipublic profile within a bounded system created by the service.(B) Create a list of other users with whom an individual shares a connection within the system.(C) View and navigate a list of other users individual connections.(2) Social media platform does not include electronic mail and direct messaging between users or groups of users.(d)(c) School administrator means an administrator, faculty member, or other employee of a school for kindergarten and grades 1 to 12, inclusive.22589.1. (a) (1)An operator A social media platform 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. student cyberbullying reporting procedures in the social media platforms terms of service.(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 A social media platform shall establish a mechanism within its internet website, online service, online application, or mobile application, internet-based service, 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 a social media platform shall disclose in their terms of service the median time the operator social media platform takes to respond to a reported instance of student cyberbullying on their internet website, online service, online application, or mobile application. platform.(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)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)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)(1)Operator means any person or entity that owns an internet website, online service, online application, or mobile application 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 service providers.(a) Student cyberbullying means any severe or pervasive conduct made by an electronic act or acts, as defined in paragraph (2) of subdivision (r) of Section 48900 of the Education Code, committed by a pupil or group of pupils directed toward one or more pupils that has or can be reasonably be predicted to have the effect of one or more of the following:(1) Placing a reasonable pupil or pupils in fear of harm to that pupils or those pupils person or property.(2) Causing a reasonable pupil to experience a substantially detrimental effect on the pupils physical or mental health.(3) Causing a reasonable pupil to experience substantial interference with the pupils academic performance.(4) Causing a reasonable pupil to experience substantial interference with the pupils ability to participate in or benefit from the services, activities, or privileges provided by a school.(b) (1) Social media platform means an internet-based service that generated at least one hundred million dollars ($100,000,000) in gross revenue during the preceding calendar year and allows individuals to do all of the following:(A) Construct a public or semipublic profile within a bounded system created by the service.(B) Create a list of other users with whom an individual shares a connection within the system.(C) View and navigate a list of other users individual connections.(2) Social media platform does not include electronic mail and direct messaging between users or groups of users.(d)(c) School administrator means an administrator, faculty member, or other employee of a school for kindergarten and grades 1 to 12, inclusive.22589.1. (a) (1)An operator A social media platform 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. student cyberbullying reporting procedures in the social media platforms terms of service.(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 A social media platform shall establish a mechanism within its internet website, online service, online application, or mobile application, internet-based service, 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 a social media platform shall disclose in their terms of service the median time the operator social media platform takes to respond to a reported instance of student cyberbullying on their internet website, online service, online application, or mobile application. platform.(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)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)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)(1)Operator means any person or entity that owns an internet website, online service, online application, or mobile application 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 service providers.(a) Student cyberbullying means any severe or pervasive conduct made by an electronic act or acts, as defined in paragraph (2) of subdivision (r) of Section 48900 of the Education Code, committed by a pupil or group of pupils directed toward one or more pupils that has or can be reasonably be predicted to have the effect of one or more of the following:(1) Placing a reasonable pupil or pupils in fear of harm to that pupils or those pupils person or property.(2) Causing a reasonable pupil to experience a substantially detrimental effect on the pupils physical or mental health.(3) Causing a reasonable pupil to experience substantial interference with the pupils academic performance.(4) Causing a reasonable pupil to experience substantial interference with the pupils ability to participate in or benefit from the services, activities, or privileges provided by a school.(b) (1) Social media platform means an internet-based service that generated at least one hundred million dollars ($100,000,000) in gross revenue during the preceding calendar year and allows individuals to do all of the following:(A) Construct a public or semipublic profile within a bounded system created by the service.(B) Create a list of other users with whom an individual shares a connection within the system.(C) View and navigate a list of other users individual connections.(2) Social media platform does not include electronic mail and direct messaging between users or groups of users.(d)(c) School administrator means an administrator, faculty member, or other employee of a school for kindergarten and grades 1 to 12, inclusive.22589.1. (a) (1)An operator A social media platform 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. student cyberbullying reporting procedures in the social media platforms terms of service.(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 A social media platform shall establish a mechanism within its internet website, online service, online application, or mobile application, internet-based service, 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 a social media platform shall disclose in their terms of service the median time the operator social media platform takes to respond to a reported instance of student cyberbullying on their internet website, online service, online application, or mobile application. platform.(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)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)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)(1)Operator means any person or entity that owns an internet website, online service, online application, or mobile application 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 service providers.(a) Student cyberbullying means any severe or pervasive conduct made by an electronic act or acts, as defined in paragraph (2) of subdivision (r) of Section 48900 of the Education Code, committed by a pupil or group of pupils directed toward one or more pupils that has or can be reasonably be predicted to have the effect of one or more of the following:(1) Placing a reasonable pupil or pupils in fear of harm to that pupils or those pupils person or property.(2) Causing a reasonable pupil to experience a substantially detrimental effect on the pupils physical or mental health.(3) Causing a reasonable pupil to experience substantial interference with the pupils academic performance.(4) Causing a reasonable pupil to experience substantial interference with the pupils ability to participate in or benefit from the services, activities, or privileges provided by a school.(b) (1) Social media platform means an internet-based service that generated at least one hundred million dollars ($100,000,000) in gross revenue during the preceding calendar year and allows individuals to do all of the following:(A) Construct a public or semipublic profile within a bounded system created by the service.(B) Create a list of other users with whom an individual shares a connection within the system.(C) View and navigate a list of other users individual connections.(2) Social media platform does not include electronic mail and direct messaging between users or groups of users.(d)(c) School administrator means an administrator, faculty member, or other employee of a school for kindergarten and grades 1 to 12, inclusive.22589.1. (a) (1)An operator A social media platform 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. student cyberbullying reporting procedures in the social media platforms terms of service.(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 A social media platform shall establish a mechanism within its internet website, online service, online application, or mobile application, internet-based service, 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 a social media platform shall disclose in their terms of service the median time the operator social media platform takes to respond to a reported instance of student cyberbullying on their internet website, online service, online application, or mobile application. platform.(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)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)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)(1)Operator means any person or entity that owns an internet website, online service, online application, or mobile application 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 service providers.(a) Student cyberbullying means any severe or pervasive conduct made by an electronic act or acts, as defined in paragraph (2) of subdivision (r) of Section 48900 of the Education Code, committed by a pupil or group of pupils directed toward one or more pupils that has or can be reasonably be predicted to have the effect of one or more of the following:(1) Placing a reasonable pupil or pupils in fear of harm to that pupils or those pupils person or property.(2) Causing a reasonable pupil to experience a substantially detrimental effect on the pupils physical or mental health.(3) Causing a reasonable pupil to experience substantial interference with the pupils academic performance.(4) Causing a reasonable pupil to experience substantial interference with the pupils ability to participate in or benefit from the services, activities, or privileges provided by a school.(b) (1) Social media platform means an internet-based service that generated at least one hundred million dollars ($100,000,000) in gross revenue during the preceding calendar year and allows individuals to do all of the following:(A) Construct a public or semipublic profile within a bounded system created by the service.(B) Create a list of other users with whom an individual shares a connection within the system.(C) View and navigate a list of other users individual connections.(2) Social media platform does not include electronic mail and direct messaging between users or groups of users.(d)(c) 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)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)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)(1)Operator means any person or entity that owns an internet website, online service, online application, or mobile application 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 service providers.
(a) Student cyberbullying means any severe or pervasive conduct made by an electronic act or acts, as defined in paragraph (2) of subdivision (r) of Section 48900 of the Education Code, committed by a pupil or group of pupils directed toward one or more pupils that has or can be reasonably be predicted to have the effect of one or more of the following:
(1) Placing a reasonable pupil or pupils in fear of harm to that pupils or those pupils person or property.
(2) Causing a reasonable pupil to experience a substantially detrimental effect on the pupils physical or mental health.
(3) Causing a reasonable pupil to experience substantial interference with the pupils academic performance.
(4) Causing a reasonable pupil to experience substantial interference with the pupils ability to participate in or benefit from the services, activities, or privileges provided by a school.
(b) (1) Social media platform means an internet-based service that generated at least one hundred million dollars ($100,000,000) in gross revenue during the preceding calendar year and allows individuals to do all of the following:
(A) Construct a public or semipublic profile within a bounded system created by the service.
(B) Create a list of other users with whom an individual shares a connection within the system.
(C) View and navigate a list of other users individual connections.
(2) Social media platform does not include electronic mail and direct messaging between users or groups of users.
(d)
(c) School administrator means an administrator, faculty member, or other employee of a school for kindergarten and grades 1 to 12, inclusive.
22589.1. (a) (1)An operator A social media platform 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. student cyberbullying reporting procedures in the social media platforms terms of service.(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 A social media platform shall establish a mechanism within its internet website, online service, online application, or mobile application, internet-based service, 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 A social media platform 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. student cyberbullying reporting procedures in the social media platforms terms of service.
(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 A social media platform shall establish a mechanism within its internet website, online service, online application, or mobile application, internet-based service, 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.
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 a social media platform shall disclose in their terms of service the median time the operator social media platform takes to respond to a reported instance of student cyberbullying on their internet website, online service, online application, or mobile application. platform.(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 a social media platform shall disclose in their terms of service the median time the operator social media platform takes to respond to a reported instance of student cyberbullying on their internet website, online service, online application, or mobile application. platform.
(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.