| Old | New | Differences | |
|---|---|---|---|
| 1 | - | ||
| 1 | + | CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 613Introduced by Assembly Member Cristina GarciaFebruary 12, 2021 An act to add Chapter 7 (commencing with Section 17950) to Part 3 of Division 7 of the Business and Professions Code, relating to social media.. LEGISLATIVE COUNSEL'S DIGESTAB 613, as introduced, Cristina Garcia. Social media: retouched images: disclosure.Existing law regulates various businesses to, among other things, preserve and regulate competition, prohibit unfair trade practices, and regulate advertising.This bill would require social media platforms, as defined, to place text or marking within or adjacent to retouched images that have been posted on the platform for promotional or commercial purposes, and specify how that retouched image was altered. The bill would define retouched image to mean a depiction of a real person, living or deceased, that has had their bodily appearance altered to narrow or thicken their figure or remove marks or blemishes on their skin.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 7 (commencing with Section 17950) is added to Part 3 of Division 7 of the Business and Professions Code, to read: CHAPTER 7. Retouched Promotional Images17950. For purposes of this chapter:(a) Retouched image means a depiction of a real person, living or deceased, that has had their bodily appearance altered to narrow or thicken their figure or remove marks or blemishes on their skin.(b) Social media platform means an online service, application, or website that is open and accessible to the public where users communicate and share media, including, but not limited to, pictures, videos, music, and blogs, with other users.(c) Tag means text or a distinct marking within or adjacent to a picture or other form of media that is in a contrasting type, font, or color to the surrounding or adjacent media, or otherwise clearly set off from the surrounding or adjacent media.17951. (a) A social media platform shall place a tag on a retouched image that has been posted on the social media platform for promotional or commercial purposes.(b) A tag placed pursuant to subdivision (a) shall specify the manner in which the retouched image has been altered from the original depiction of a real person. | |
| 2 | 2 | ||
| 3 | - | ||
| 3 | + | CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 613Introduced by Assembly Member Cristina GarciaFebruary 12, 2021 An act to add Chapter 7 (commencing with Section 17950) to Part 3 of Division 7 of the Business and Professions Code, relating to social media.. LEGISLATIVE COUNSEL'S DIGESTAB 613, as introduced, Cristina Garcia. Social media: retouched images: disclosure.Existing law regulates various businesses to, among other things, preserve and regulate competition, prohibit unfair trade practices, and regulate advertising.This bill would require social media platforms, as defined, to place text or marking within or adjacent to retouched images that have been posted on the platform for promotional or commercial purposes, and specify how that retouched image was altered. The bill would define retouched image to mean a depiction of a real person, living or deceased, that has had their bodily appearance altered to narrow or thicken their figure or remove marks or blemishes on their skin.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO | |
| 4 | 4 | ||
| 5 | - | Amended IN Assembly March 24, 2021 | |
| 6 | 5 | ||
| 7 | - | Amended IN Assembly March 24, 2021 | |
| 6 | + | ||
| 7 | + | ||
| 8 | 8 | ||
| 9 | 9 | CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION | |
| 10 | 10 | ||
| 11 | 11 | Assembly Bill | |
| 12 | 12 | ||
| 13 | 13 | No. 613 | |
| 14 | 14 | ||
| 15 | 15 | Introduced by Assembly Member Cristina GarciaFebruary 12, 2021 | |
| 16 | 16 | ||
| 17 | 17 | Introduced by Assembly Member Cristina Garcia | |
| 18 | 18 | February 12, 2021 | |
| 19 | 19 | ||
| 20 | - | An act to add Chapter 7 (commencing with Section 17950) to Part 3 of Division 7 of the Business and Professions Code, relating to social media.. | |
| 20 | + | An act to add Chapter 7 (commencing with Section 17950) to Part 3 of Division 7 of the Business and Professions Code, relating to social media.. | |
| 21 | 21 | ||
| 22 | 22 | LEGISLATIVE COUNSEL'S DIGEST | |
| 23 | 23 | ||
| 24 | 24 | ## LEGISLATIVE COUNSEL'S DIGEST | |
| 25 | 25 | ||
| 26 | - | AB 613, as | |
| 26 | + | AB 613, as introduced, Cristina Garcia. Social media: retouched images: disclosure. | |
| 27 | 27 | ||
| 28 | - | Existing law regulates various businesses to, among other things, preserve and regulate competition, prohibit unfair trade practices, and regulate advertising.This bill would require social media platforms, as defined | |
| 28 | + | Existing law regulates various businesses to, among other things, preserve and regulate competition, prohibit unfair trade practices, and regulate advertising.This bill would require social media platforms, as defined, to place text or marking within or adjacent to retouched images that have been posted on the platform for promotional or commercial purposes, and specify how that retouched image was altered. The bill would define retouched image to mean a depiction of a real person, living or deceased, that has had their bodily appearance altered to narrow or thicken their figure or remove marks or blemishes on their skin. | |
| 29 | 29 | ||
| 30 | 30 | Existing law regulates various businesses to, among other things, preserve and regulate competition, prohibit unfair trade practices, and regulate advertising. | |
| 31 | 31 | ||
| 32 | - | This bill would require social media platforms, as defined | |
| 32 | + | This bill would require social media platforms, as defined, to place text or marking within or adjacent to retouched images that have been posted on the platform for promotional or commercial purposes, and specify how that retouched image was altered. The bill would define retouched image to mean a depiction of a real person, living or deceased, that has had their bodily appearance altered to narrow or thicken their figure or remove marks or blemishes on their skin. | |
| 33 | 33 | ||
| 34 | 34 | ## Digest Key | |
| 35 | 35 | ||
| 36 | 36 | ## Bill Text | |
| 37 | 37 | ||
| 38 | - | The people of the State of California do enact as follows:SECTION 1. Chapter 7 (commencing with Section 17950) is added to Part 3 of Division 7 of the Business and Professions Code, to read: CHAPTER 7. Retouched Promotional Images17950. For purposes of this chapter:(a) Retouched image means a depiction of a real person, living or deceased, that has had their bodily appearance altered to narrow or thicken their figure or remove marks or blemishes on their skin.(b) | |
| 38 | + | The people of the State of California do enact as follows:SECTION 1. Chapter 7 (commencing with Section 17950) is added to Part 3 of Division 7 of the Business and Professions Code, to read: CHAPTER 7. Retouched Promotional Images17950. For purposes of this chapter:(a) Retouched image means a depiction of a real person, living or deceased, that has had their bodily appearance altered to narrow or thicken their figure or remove marks or blemishes on their skin.(b) Social media platform means an online service, application, or website that is open and accessible to the public where users communicate and share media, including, but not limited to, pictures, videos, music, and blogs, with other users.(c) Tag means text or a distinct marking within or adjacent to a picture or other form of media that is in a contrasting type, font, or color to the surrounding or adjacent media, or otherwise clearly set off from the surrounding or adjacent media.17951. (a) A social media platform shall place a tag on a retouched image that has been posted on the social media platform for promotional or commercial purposes.(b) A tag placed pursuant to subdivision (a) shall specify the manner in which the retouched image has been altered from the original depiction of a real person. | |
| 39 | 39 | ||
| 40 | 40 | The people of the State of California do enact as follows: | |
| 41 | 41 | ||
| 42 | 42 | ## The people of the State of California do enact as follows: | |
| 43 | 43 | ||
| 44 | - | SECTION 1. Chapter 7 (commencing with Section 17950) is added to Part 3 of Division 7 of the Business and Professions Code, to read: CHAPTER 7. Retouched Promotional Images17950. For purposes of this chapter:(a) Retouched image means a depiction of a real person, living or deceased, that has had their bodily appearance altered to narrow or thicken their figure or remove marks or blemishes on their skin.(b) | |
| 44 | + | SECTION 1. Chapter 7 (commencing with Section 17950) is added to Part 3 of Division 7 of the Business and Professions Code, to read: CHAPTER 7. Retouched Promotional Images17950. For purposes of this chapter:(a) Retouched image means a depiction of a real person, living or deceased, that has had their bodily appearance altered to narrow or thicken their figure or remove marks or blemishes on their skin.(b) Social media platform means an online service, application, or website that is open and accessible to the public where users communicate and share media, including, but not limited to, pictures, videos, music, and blogs, with other users.(c) Tag means text or a distinct marking within or adjacent to a picture or other form of media that is in a contrasting type, font, or color to the surrounding or adjacent media, or otherwise clearly set off from the surrounding or adjacent media.17951. (a) A social media platform shall place a tag on a retouched image that has been posted on the social media platform for promotional or commercial purposes.(b) A tag placed pursuant to subdivision (a) shall specify the manner in which the retouched image has been altered from the original depiction of a real person. | |
| 45 | 45 | ||
| 46 | 46 | SECTION 1. Chapter 7 (commencing with Section 17950) is added to Part 3 of Division 7 of the Business and Professions Code, to read: | |
| 47 | 47 | ||
| 48 | 48 | ### SECTION 1. | |
| 49 | 49 | ||
| 50 | - | CHAPTER 7. Retouched Promotional Images17950. For purposes of this chapter:(a) Retouched image means a depiction of a real person, living or deceased, that has had their bodily appearance altered to narrow or thicken their figure or remove marks or blemishes on their skin.(b) | |
| 50 | + | CHAPTER 7. Retouched Promotional Images17950. For purposes of this chapter:(a) Retouched image means a depiction of a real person, living or deceased, that has had their bodily appearance altered to narrow or thicken their figure or remove marks or blemishes on their skin.(b) Social media platform means an online service, application, or website that is open and accessible to the public where users communicate and share media, including, but not limited to, pictures, videos, music, and blogs, with other users.(c) Tag means text or a distinct marking within or adjacent to a picture or other form of media that is in a contrasting type, font, or color to the surrounding or adjacent media, or otherwise clearly set off from the surrounding or adjacent media.17951. (a) A social media platform shall place a tag on a retouched image that has been posted on the social media platform for promotional or commercial purposes.(b) A tag placed pursuant to subdivision (a) shall specify the manner in which the retouched image has been altered from the original depiction of a real person. | |
| 51 | 51 | ||
| 52 | - | CHAPTER 7. Retouched Promotional Images17950. For purposes of this chapter:(a) Retouched image means a depiction of a real person, living or deceased, that has had their bodily appearance altered to narrow or thicken their figure or remove marks or blemishes on their skin.(b) | |
| 52 | + | CHAPTER 7. Retouched Promotional Images17950. For purposes of this chapter:(a) Retouched image means a depiction of a real person, living or deceased, that has had their bodily appearance altered to narrow or thicken their figure or remove marks or blemishes on their skin.(b) Social media platform means an online service, application, or website that is open and accessible to the public where users communicate and share media, including, but not limited to, pictures, videos, music, and blogs, with other users.(c) Tag means text or a distinct marking within or adjacent to a picture or other form of media that is in a contrasting type, font, or color to the surrounding or adjacent media, or otherwise clearly set off from the surrounding or adjacent media.17951. (a) A social media platform shall place a tag on a retouched image that has been posted on the social media platform for promotional or commercial purposes.(b) A tag placed pursuant to subdivision (a) shall specify the manner in which the retouched image has been altered from the original depiction of a real person. | |
| 53 | 53 | ||
| 54 | 54 | CHAPTER 7. Retouched Promotional Images | |
| 55 | 55 | ||
| 56 | 56 | CHAPTER 7. Retouched Promotional Images | |
| 57 | 57 | ||
| 58 | - | 17950. For purposes of this chapter:(a) Retouched image means a depiction of a real person, living or deceased, that has had their bodily appearance altered to narrow or thicken their figure or remove marks or blemishes on their skin.(b) | |
| 58 | + | 17950. For purposes of this chapter:(a) Retouched image means a depiction of a real person, living or deceased, that has had their bodily appearance altered to narrow or thicken their figure or remove marks or blemishes on their skin.(b) Social media platform means an online service, application, or website that is open and accessible to the public where users communicate and share media, including, but not limited to, pictures, videos, music, and blogs, with other users.(c) Tag means text or a distinct marking within or adjacent to a picture or other form of media that is in a contrasting type, font, or color to the surrounding or adjacent media, or otherwise clearly set off from the surrounding or adjacent media. | |
| 59 | 59 | ||
| 60 | 60 | ||
| 61 | 61 | ||
| 62 | 62 | 17950. For purposes of this chapter: | |
| 63 | 63 | ||
| 64 | 64 | (a) Retouched image means a depiction of a real person, living or deceased, that has had their bodily appearance altered to narrow or thicken their figure or remove marks or blemishes on their skin. | |
| 65 | 65 | ||
| 66 | - | (b) (1) Social media platform means an online service, application, or website that is open and accessible to the public where users communicate and share media, including, but not limited to, pictures, videos, music, and blogs, with other users. internet-based service through which users develop a persistent virtual network or community comprised of other users for the purpose of sharing information, ideas, news reports, and other content that allows individuals to do all of the following: | |
| 67 | - | ||
| 68 | - | (A) Construct a public or semipublic profile within a bounded system created by the service. | |
| 69 | - | ||
| 70 | - | (B) Create a list of other users with whom an individual shares a connection within the system. | |
| 71 | - | ||
| 72 | - | (C) View and navigate a list of the individuals connections and the connections made by other individuals within the system. | |
| 73 | - | ||
| 74 | - | (2) Social media platform does not include either of the following: | |
| 75 | - | ||
| 76 | - | (A) Electronic mail. | |
| 77 | - | ||
| 78 | - | (B) A comment section on a digital news internet website. | |
| 66 | + | (b) Social media platform means an online service, application, or website that is open and accessible to the public where users communicate and share media, including, but not limited to, pictures, videos, music, and blogs, with other users. | |
| 79 | 67 | ||
| 80 | 68 | (c) Tag means text or a distinct marking within or adjacent to a picture or other form of media that is in a contrasting type, font, or color to the surrounding or adjacent media, or otherwise clearly set off from the surrounding or adjacent media. | |
| 81 | 69 | ||
| 82 | - | 17951. (a | |
| 70 | + | 17951. (a) A social media platform shall place a tag on a retouched image that has been posted on the social media platform for promotional or commercial purposes.(b) A tag placed pursuant to subdivision (a) shall specify the manner in which the retouched image has been altered from the original depiction of a real person. | |
| 83 | 71 | ||
| 84 | 72 | ||
| 85 | 73 | ||
| 86 | - | 17951. (a) (1) A social media platform shall place a tag on a retouched image that has been posted on the social media platform for promotional or commercial purposes. | |
| 87 | - | ||
| 88 | - | (2) A user or an advertiser shall place a tag on a retouched image that they post, or authorize another user to post, on a social media platform for promotional or commercial purposes. | |
| 74 | + | 17951. (a) A social media platform shall place a tag on a retouched image that has been posted on the social media platform for promotional or commercial purposes. | |
| 89 | 75 | ||
| 90 | 76 | (b) A tag placed pursuant to subdivision (a) shall specify the manner in which the retouched image has been altered from the original depiction of a real person. |