California 2021-2022 Regular Session

California Assembly Bill AB514

Introduced
2/9/21  
Refer
2/18/21  
Refer
2/18/21  
Report Pass
3/18/21  
Refer
3/22/21  
Refer
3/22/21  
Report Pass
5/4/21  
Report Pass
5/4/21  
Engrossed
5/10/21  
Engrossed
5/10/21  
Refer
5/11/21  
Refer
5/11/21  
Refer
5/19/21  
Refer
5/19/21  
Report Pass
6/16/21  
Report Pass
6/16/21  
Refer
6/17/21  
Refer
6/17/21  
Refer
7/5/21  
Refer
7/5/21  
Report Pass
8/26/21  
Report Pass
8/26/21  
Enrolled
9/7/21  
Enrolled
9/7/21  
Chaptered
10/5/21  
Chaptered
10/5/21  
Passed
10/5/21  

Caption

Injunctions: undertakings: civil actions: distribution of sexually explicit materials.

Impact

The implementation of AB 514 would revise the civil code to clarify conditions under which individuals can pursue private lawsuits against distributors of sexually explicit materials. The bill creates an explicit provision allowing individuals to seek injunctions without a prerequisite for a financial undertaking in certain cases. This change is expected to empower victims of non-consensual image distribution to act more swiftly and effectively to protect their rights. Furthermore, the new regulations would codify specific circumstances under which liability for distribution may be exempted, potentially impacting legal outcomes for many involved in such cases.

Summary

Assembly Bill No. 514, introduced by Ward, seeks to amend existing laws concerning injunctions and private rights of action related to the distribution of sexually explicit materials. The bill specifically allows for the exemption of certain applicants from the undertaking requirement when seeking an injunction against the distribution of such materials. By doing so, it aims to streamline the process for individuals seeking legal redress against those who distribute images without consent, particularly when there is an expectation of privacy. The bill aims to bolster protections for individuals who have had explicit materials shared without their consent, enhancing privacy rights in the digital age.

Sentiment

Overall, the sentiment surrounding AB 514 appears to reflect a positive reception among advocates for individual privacy rights and civil law improvements. Supporters argue that the bill provides necessary protections for individuals who could become victims of privacy violations in a digitally-driven society. Conversely, some critics have raised concerns regarding the implications of exempting specific individuals from financial liabilities, arguing that it may lead to unintended consequences where individuals exploit these legal protections without sufficient accountability.

Contention

Notable points of contention within the discussions surrounding AB 514 include the appropriateness of modifying the liability conditions for distributing previously circulated materials. Critics argue that this could undermine the protections for individuals by potentially allowing continued distribution of harmful materials without adequate recourse for the original subjects depicted. The discussions reflect ongoing societal debates over privacy and consent, particularly in the context of rapidly evolving digital landscapes and the legal frameworks that govern them.

Companion Bills

No companion bills found.

Similar Bills

CA SB646

Civil law: personal rights: online sex trafficking: sexual photographs.

CA SB157

Invasion of privacy: distribution of sexually explicit materials: protection of plaintiff’s identity.

CA AB602

Depiction of individual using digital or electronic technology: sexually explicit material: cause of action.

CA AB1979

Doxing Victims Recourse Act.

CA SB564

Depiction of individual using digital or electronic technology: sexually explicit material: cause of action.

CA AB800

Civil actions: confidentiality.