Amended IN Senate June 09, 2022 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 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 a social media platform to establish a mechanism within its internet-based service that enables a school administrator, as defined, allows an individual, whether or not that individual has a profile on the internet-based service, to report a student cyberbullying incident related to a student attending the school at which that administrator is employed. or any content that violates the existing terms of service, as specified.This bill would, starting July 1, 2023, and biannually every January 1 and July 1 thereafter, require a social media platform to disclose in their terms of service the median time the social media platform takes to respond to a reported instance of student cyberbullying on their platform. This bill would specify that its provisions are severable.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Chapter 22.2.9 (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) Student cyberbullying 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.(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) A social media platform shall disclose all student cyberbullying reporting procedures in the social media platforms terms of service.(b) A social media platform shall establish a mechanism within its internet-based service, separate from existing reporting procedures, that enables a school administrator service that allows any individual, whether or not that individual has a profile on the internet-based service, to report a student cyberbullying incident related to a student attending the school at which that administrator is employed. or any content that violates the existing terms of service. The reporting mechanism shall allow, but not require, an individual to upload a screenshot of the content that contains cyberbullying or violates the terms of service.22589.3.Beginning July 1, 2023, and biannually every January 1 and July 1 thereafter, a social media platform shall disclose in their terms of service the median time the social media platform takes to respond to a reported instance of student cyberbullying on their platform.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 Senate June 09, 2022 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 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 a social media platform to establish a mechanism within its internet-based service that enables a school administrator, as defined, allows an individual, whether or not that individual has a profile on the internet-based service, to report a student cyberbullying incident related to a student attending the school at which that administrator is employed. or any content that violates the existing terms of service, as specified.This bill would, starting July 1, 2023, and biannually every January 1 and July 1 thereafter, require a social media platform to disclose in their terms of service the median time the social media platform takes to respond to a reported instance of student cyberbullying on their platform. This bill would specify that its provisions are severable.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
Amended IN Senate June 09, 2022 Amended IN Assembly April 21, 2022 Amended IN Assembly April 07, 2022
Amended IN Senate June 09, 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 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 a social media platform to establish a mechanism within its internet-based service that enables a school administrator, as defined, allows an individual, whether or not that individual has a profile on the internet-based service, to report a student cyberbullying incident related to a student attending the school at which that administrator is employed. or any content that violates the existing terms of service, as specified.This bill would, starting July 1, 2023, and biannually every January 1 and July 1 thereafter, require a social media platform to disclose in their terms of service the median time the social media platform takes to respond to a reported instance of student cyberbullying on their 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 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 a social media platform to establish a mechanism within its internet-based service that enables a school administrator, as defined, allows an individual, whether or not that individual has a profile on the internet-based service, to report a student cyberbullying incident related to a student attending the school at which that administrator is employed. or any content that violates the existing terms of service, as specified.
This bill would, starting July 1, 2023, and biannually every January 1 and July 1 thereafter, require a social media platform to disclose in their terms of service the median time the social media platform takes to respond to a reported instance of student cyberbullying on their 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) Student cyberbullying 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.(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) A social media platform shall disclose all student cyberbullying reporting procedures in the social media platforms terms of service.(b) A social media platform shall establish a mechanism within its internet-based service, separate from existing reporting procedures, that enables a school administrator service that allows any individual, whether or not that individual has a profile on the internet-based service, to report a student cyberbullying incident related to a student attending the school at which that administrator is employed. or any content that violates the existing terms of service. The reporting mechanism shall allow, but not require, an individual to upload a screenshot of the content that contains cyberbullying or violates the terms of service.22589.3.Beginning July 1, 2023, and biannually every January 1 and July 1 thereafter, a social media platform shall disclose in their terms of service the median time the social media platform takes to respond to a reported instance of student cyberbullying on their platform.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) Student cyberbullying 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.(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) A social media platform shall disclose all student cyberbullying reporting procedures in the social media platforms terms of service.(b) A social media platform shall establish a mechanism within its internet-based service, separate from existing reporting procedures, that enables a school administrator service that allows any individual, whether or not that individual has a profile on the internet-based service, to report a student cyberbullying incident related to a student attending the school at which that administrator is employed. or any content that violates the existing terms of service. The reporting mechanism shall allow, but not require, an individual to upload a screenshot of the content that contains cyberbullying or violates the terms of service.22589.3.Beginning July 1, 2023, and biannually every January 1 and July 1 thereafter, a social media platform shall disclose in their terms of service the median time the social media platform takes to respond to a reported instance of student cyberbullying on their platform.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) Student cyberbullying 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.(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) A social media platform shall disclose all student cyberbullying reporting procedures in the social media platforms terms of service.(b) A social media platform shall establish a mechanism within its internet-based service, separate from existing reporting procedures, that enables a school administrator service that allows any individual, whether or not that individual has a profile on the internet-based service, to report a student cyberbullying incident related to a student attending the school at which that administrator is employed. or any content that violates the existing terms of service. The reporting mechanism shall allow, but not require, an individual to upload a screenshot of the content that contains cyberbullying or violates the terms of service.22589.3.Beginning July 1, 2023, and biannually every January 1 and July 1 thereafter, a social media platform shall disclose in their terms of service the median time the social media platform takes to respond to a reported instance of student cyberbullying on their platform.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) Student cyberbullying 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.(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) A social media platform shall disclose all student cyberbullying reporting procedures in the social media platforms terms of service.(b) A social media platform shall establish a mechanism within its internet-based service, separate from existing reporting procedures, that enables a school administrator service that allows any individual, whether or not that individual has a profile on the internet-based service, to report a student cyberbullying incident related to a student attending the school at which that administrator is employed. or any content that violates the existing terms of service. The reporting mechanism shall allow, but not require, an individual to upload a screenshot of the content that contains cyberbullying or violates the terms of service.22589.3.Beginning July 1, 2023, and biannually every January 1 and July 1 thereafter, a social media platform shall disclose in their terms of service the median time the social media platform takes to respond to a reported instance of student cyberbullying on their platform.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) Student cyberbullying 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.(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) Student cyberbullying 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.
(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) A social media platform shall disclose all student cyberbullying reporting procedures in the social media platforms terms of service.(b) A social media platform shall establish a mechanism within its internet-based service, separate from existing reporting procedures, that enables a school administrator service that allows any individual, whether or not that individual has a profile on the internet-based service, to report a student cyberbullying incident related to a student attending the school at which that administrator is employed. or any content that violates the existing terms of service. The reporting mechanism shall allow, but not require, an individual to upload a screenshot of the content that contains cyberbullying or violates the terms of service.
22589.1. (a) A social media platform shall disclose all student cyberbullying reporting procedures in the social media platforms terms of service.
(b) A social media platform shall establish a mechanism within its internet-based service, separate from existing reporting procedures, that enables a school administrator service that allows any individual, whether or not that individual has a profile on the internet-based service, to report a student cyberbullying incident related to a student attending the school at which that administrator is employed. or any content that violates the existing terms of service. The reporting mechanism shall allow, but not require, an individual to upload a screenshot of the content that contains cyberbullying or violates the terms of service.
Beginning July 1, 2023, and biannually every January 1 and July 1 thereafter, a social media platform shall disclose in their terms of service the median time the social media platform takes to respond to a reported instance of student cyberbullying on their platform.
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.