Amended IN Senate March 16, 2022 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Senate Bill No. 1056Introduced by Senator UmbergFebruary 15, 2022 An act to amend Section 43.92 of the Civil Code, relating to civil liability. An act to add Title 1.81.46 (commencing with Section 1798.99.20) to Part 4 of Division 3 of the Civil Code, relating to social media.LEGISLATIVE COUNSEL'S DIGESTSB 1056, as amended, Umberg. Psychotherapist liability. Violent posts.Existing law, the California Consumer Privacy Act of 2018, requires a business, as defined, that receives a verifiable consumer request from a consumer to delete the consumers personal information, as defined, to delete the consumers personal information from its records, as prescribed.This bill would require a social media platform with 1,000,000 or more discrete monthly users, as defined, to clearly and conspicuously state whether it has a mechanism for reporting violent posts that is available to users and nonusers of the platform and would require a social media company, upon receiving notice from a user or other person through the reporting mechanism that a post on its social media platform constitutes or contains a violent post, as defined, to, within 48 hours, determine whether the post constitutes a violent post and, if so, remove it. The bill would authorize a person who is the target of a violent post, or reasonably believes the person is the target of a violent post, to seek an order requiring the social media platform to remove the violent post and any related violent post the court determines shall be removed in the interests of justice, as prescribed.Existing law prohibits monetary liability on the part of, or a cause of action against, a psychotherapist for failing to protect or failing to predict and protect from a patients violent behavior, except as specified. This bill would make technical, nonsubstantive changes to this provision.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. Title 1.81.46 (commencing with Section 1798.99.20) is added to Part 4 of Division 3 of the Civil Code, to read:TITLE 1.81.46. Online Violence Prevention Act1798.99.20. For purposes of this section:(a) (1) Content means media that are created, posted, shared, or otherwise interacted with by users on an internet-based service. (2) Content does not include media put online exclusively for the purpose of file sharing.(b) Social media company means a person or entity that owns or operates one or more social media platforms.(c) Social media platform means an internet-based service or application that meets all of the following criteria:(1) The primary purpose of the service or application is to connect users and allow users to interact with each other within the service or application.(2) The service or application allows users to do all of the following:(A) Construct a public or semipublic profile within a bounded system created by the service or application.(B) Populate a list of other users with whom an individual shares a connection within the system.(C) View and navigate a list of connections made by other individuals within the system.(D) Create or post content viewable by other users.(d) User means a person with an account on a social media platform.(e) Violent post means content on a social media platform that contains a true threat against a specific person or an incitement to imminent lawless action that is not protected by the First Amendment to the United States Constitution.1798.99.21. (a) (1) A social media platform shall clearly and conspicuously state whether it has a mechanism for reporting violent posts that is available to users and nonusers of the platform.(2) If the social media platform has a reporting mechanism, the statement required by this subdivision shall include a link to the reporting mechanism.(b) A social media company, upon receiving notice from a user or other person through the reporting mechanism described in subdivision (a) that a post on its social media platform constitutes or contains a violent post, shall, within 48 hours, determine whether the post constitutes a violent post and, if so, remove it.1798.99.22. (a) (1) (A) A person who is the target of a violent post, or reasonably believes the person is the target of a violent post, may seek an order requiring the social media platform to remove the violent post and any related violent post the court determines shall be removed in the interests of justice. (B) A person may bring an action under this paragraph before 48 hours have passed since providing notice to a social media platform pursuant to paragraph (2), but the court shall not rule on the request for an order until 48 hours have passed from the provision of notice.(C) A person may bring an action under this paragraph at any time, and the court may rule on the request at any time, if the social media platform does not have a reporting mechanism described in Section 1798.99.21.(2) If the social media platform has a reporting mechanism described in Section 1798.99.21, a person shall not bring an action under paragraph (1) until the person has notified the social media platform of the violent post and requested that it be removed through the reporting mechanism.(b) (1) A court shall award court costs and reasonable attorneys fees to a prevailing plaintiff in an action brought under this section.(2) Reasonable attorneys fees may be awarded to a prevailing defendant upon a finding by the court that the plaintiffs prosecution of the action was not in good faith.1798.99.23. This title does not apply to a social media platform with fewer than 1,000,000 discrete monthly users.SECTION 1.Section 43.92 of the Civil Code is amended to read:43.92.(a)There shall be no monetary liability on the part of, and no cause of action shall arise against, a person who is a psychotherapist as defined in Section 1010 of the Evidence Code in failing to protect from a patients threatened violent behavior or failing to predict and protect from a patients violent behavior except if the patient has communicated to the psychotherapist a serious threat of physical violence against a reasonably identifiable victim or victims.(b)There shall be no monetary liability on the part of, and no cause of action shall arise against, a psychotherapist who, under the limited circumstances specified in subdivision (a), discharges their duty to protect by making reasonable efforts to communicate the threat to the victim or victims and to a law enforcement agency.(c)It is the intent of the Legislature that the amendments made by the act adding this subdivision only change the name of the duty referenced in this section from a duty to warn and protect to a duty to protect. Nothing in this section shall be construed to be a substantive change, and any duty of a psychotherapist shall not be modified as a result of changing the wording in this section.(d)It is the intent of the Legislature that a court interpret this section, as amended by the act adding this subdivision, in a manner consistent with the interpretation of this section as it read prior to January 1, 2013.
Amended IN Senate March 16, 2022 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Senate Bill No. 1056Introduced by Senator UmbergFebruary 15, 2022 An act to amend Section 43.92 of the Civil Code, relating to civil liability. An act to add Title 1.81.46 (commencing with Section 1798.99.20) to Part 4 of Division 3 of the Civil Code, relating to social media.LEGISLATIVE COUNSEL'S DIGESTSB 1056, as amended, Umberg. Psychotherapist liability. Violent posts.Existing law, the California Consumer Privacy Act of 2018, requires a business, as defined, that receives a verifiable consumer request from a consumer to delete the consumers personal information, as defined, to delete the consumers personal information from its records, as prescribed.This bill would require a social media platform with 1,000,000 or more discrete monthly users, as defined, to clearly and conspicuously state whether it has a mechanism for reporting violent posts that is available to users and nonusers of the platform and would require a social media company, upon receiving notice from a user or other person through the reporting mechanism that a post on its social media platform constitutes or contains a violent post, as defined, to, within 48 hours, determine whether the post constitutes a violent post and, if so, remove it. The bill would authorize a person who is the target of a violent post, or reasonably believes the person is the target of a violent post, to seek an order requiring the social media platform to remove the violent post and any related violent post the court determines shall be removed in the interests of justice, as prescribed.Existing law prohibits monetary liability on the part of, or a cause of action against, a psychotherapist for failing to protect or failing to predict and protect from a patients violent behavior, except as specified. This bill would make technical, nonsubstantive changes to this provision.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
Amended IN Senate March 16, 2022
Amended IN Senate March 16, 2022
CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION
Senate Bill
No. 1056
Introduced by Senator UmbergFebruary 15, 2022
Introduced by Senator Umberg
February 15, 2022
An act to amend Section 43.92 of the Civil Code, relating to civil liability. An act to add Title 1.81.46 (commencing with Section 1798.99.20) to Part 4 of Division 3 of the Civil Code, relating to social media.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
SB 1056, as amended, Umberg. Psychotherapist liability. Violent posts.
Existing law, the California Consumer Privacy Act of 2018, requires a business, as defined, that receives a verifiable consumer request from a consumer to delete the consumers personal information, as defined, to delete the consumers personal information from its records, as prescribed.This bill would require a social media platform with 1,000,000 or more discrete monthly users, as defined, to clearly and conspicuously state whether it has a mechanism for reporting violent posts that is available to users and nonusers of the platform and would require a social media company, upon receiving notice from a user or other person through the reporting mechanism that a post on its social media platform constitutes or contains a violent post, as defined, to, within 48 hours, determine whether the post constitutes a violent post and, if so, remove it. The bill would authorize a person who is the target of a violent post, or reasonably believes the person is the target of a violent post, to seek an order requiring the social media platform to remove the violent post and any related violent post the court determines shall be removed in the interests of justice, as prescribed.Existing law prohibits monetary liability on the part of, or a cause of action against, a psychotherapist for failing to protect or failing to predict and protect from a patients violent behavior, except as specified. This bill would make technical, nonsubstantive changes to this provision.
Existing law, the California Consumer Privacy Act of 2018, requires a business, as defined, that receives a verifiable consumer request from a consumer to delete the consumers personal information, as defined, to delete the consumers personal information from its records, as prescribed.
This bill would require a social media platform with 1,000,000 or more discrete monthly users, as defined, to clearly and conspicuously state whether it has a mechanism for reporting violent posts that is available to users and nonusers of the platform and would require a social media company, upon receiving notice from a user or other person through the reporting mechanism that a post on its social media platform constitutes or contains a violent post, as defined, to, within 48 hours, determine whether the post constitutes a violent post and, if so, remove it. The bill would authorize a person who is the target of a violent post, or reasonably believes the person is the target of a violent post, to seek an order requiring the social media platform to remove the violent post and any related violent post the court determines shall be removed in the interests of justice, as prescribed.
Existing law prohibits monetary liability on the part of, or a cause of action against, a psychotherapist for failing to protect or failing to predict and protect from a patients violent behavior, except as specified.
This bill would make technical, nonsubstantive changes to this provision.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Title 1.81.46 (commencing with Section 1798.99.20) is added to Part 4 of Division 3 of the Civil Code, to read:TITLE 1.81.46. Online Violence Prevention Act1798.99.20. For purposes of this section:(a) (1) Content means media that are created, posted, shared, or otherwise interacted with by users on an internet-based service. (2) Content does not include media put online exclusively for the purpose of file sharing.(b) Social media company means a person or entity that owns or operates one or more social media platforms.(c) Social media platform means an internet-based service or application that meets all of the following criteria:(1) The primary purpose of the service or application is to connect users and allow users to interact with each other within the service or application.(2) The service or application allows users to do all of the following:(A) Construct a public or semipublic profile within a bounded system created by the service or application.(B) Populate a list of other users with whom an individual shares a connection within the system.(C) View and navigate a list of connections made by other individuals within the system.(D) Create or post content viewable by other users.(d) User means a person with an account on a social media platform.(e) Violent post means content on a social media platform that contains a true threat against a specific person or an incitement to imminent lawless action that is not protected by the First Amendment to the United States Constitution.1798.99.21. (a) (1) A social media platform shall clearly and conspicuously state whether it has a mechanism for reporting violent posts that is available to users and nonusers of the platform.(2) If the social media platform has a reporting mechanism, the statement required by this subdivision shall include a link to the reporting mechanism.(b) A social media company, upon receiving notice from a user or other person through the reporting mechanism described in subdivision (a) that a post on its social media platform constitutes or contains a violent post, shall, within 48 hours, determine whether the post constitutes a violent post and, if so, remove it.1798.99.22. (a) (1) (A) A person who is the target of a violent post, or reasonably believes the person is the target of a violent post, may seek an order requiring the social media platform to remove the violent post and any related violent post the court determines shall be removed in the interests of justice. (B) A person may bring an action under this paragraph before 48 hours have passed since providing notice to a social media platform pursuant to paragraph (2), but the court shall not rule on the request for an order until 48 hours have passed from the provision of notice.(C) A person may bring an action under this paragraph at any time, and the court may rule on the request at any time, if the social media platform does not have a reporting mechanism described in Section 1798.99.21.(2) If the social media platform has a reporting mechanism described in Section 1798.99.21, a person shall not bring an action under paragraph (1) until the person has notified the social media platform of the violent post and requested that it be removed through the reporting mechanism.(b) (1) A court shall award court costs and reasonable attorneys fees to a prevailing plaintiff in an action brought under this section.(2) Reasonable attorneys fees may be awarded to a prevailing defendant upon a finding by the court that the plaintiffs prosecution of the action was not in good faith.1798.99.23. This title does not apply to a social media platform with fewer than 1,000,000 discrete monthly users.SECTION 1.Section 43.92 of the Civil Code is amended to read:43.92.(a)There shall be no monetary liability on the part of, and no cause of action shall arise against, a person who is a psychotherapist as defined in Section 1010 of the Evidence Code in failing to protect from a patients threatened violent behavior or failing to predict and protect from a patients violent behavior except if the patient has communicated to the psychotherapist a serious threat of physical violence against a reasonably identifiable victim or victims.(b)There shall be no monetary liability on the part of, and no cause of action shall arise against, a psychotherapist who, under the limited circumstances specified in subdivision (a), discharges their duty to protect by making reasonable efforts to communicate the threat to the victim or victims and to a law enforcement agency.(c)It is the intent of the Legislature that the amendments made by the act adding this subdivision only change the name of the duty referenced in this section from a duty to warn and protect to a duty to protect. Nothing in this section shall be construed to be a substantive change, and any duty of a psychotherapist shall not be modified as a result of changing the wording in this section.(d)It is the intent of the Legislature that a court interpret this section, as amended by the act adding this subdivision, in a manner consistent with the interpretation of this section as it read prior to January 1, 2013.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Title 1.81.46 (commencing with Section 1798.99.20) is added to Part 4 of Division 3 of the Civil Code, to read:TITLE 1.81.46. Online Violence Prevention Act1798.99.20. For purposes of this section:(a) (1) Content means media that are created, posted, shared, or otherwise interacted with by users on an internet-based service. (2) Content does not include media put online exclusively for the purpose of file sharing.(b) Social media company means a person or entity that owns or operates one or more social media platforms.(c) Social media platform means an internet-based service or application that meets all of the following criteria:(1) The primary purpose of the service or application is to connect users and allow users to interact with each other within the service or application.(2) The service or application allows users to do all of the following:(A) Construct a public or semipublic profile within a bounded system created by the service or application.(B) Populate a list of other users with whom an individual shares a connection within the system.(C) View and navigate a list of connections made by other individuals within the system.(D) Create or post content viewable by other users.(d) User means a person with an account on a social media platform.(e) Violent post means content on a social media platform that contains a true threat against a specific person or an incitement to imminent lawless action that is not protected by the First Amendment to the United States Constitution.1798.99.21. (a) (1) A social media platform shall clearly and conspicuously state whether it has a mechanism for reporting violent posts that is available to users and nonusers of the platform.(2) If the social media platform has a reporting mechanism, the statement required by this subdivision shall include a link to the reporting mechanism.(b) A social media company, upon receiving notice from a user or other person through the reporting mechanism described in subdivision (a) that a post on its social media platform constitutes or contains a violent post, shall, within 48 hours, determine whether the post constitutes a violent post and, if so, remove it.1798.99.22. (a) (1) (A) A person who is the target of a violent post, or reasonably believes the person is the target of a violent post, may seek an order requiring the social media platform to remove the violent post and any related violent post the court determines shall be removed in the interests of justice. (B) A person may bring an action under this paragraph before 48 hours have passed since providing notice to a social media platform pursuant to paragraph (2), but the court shall not rule on the request for an order until 48 hours have passed from the provision of notice.(C) A person may bring an action under this paragraph at any time, and the court may rule on the request at any time, if the social media platform does not have a reporting mechanism described in Section 1798.99.21.(2) If the social media platform has a reporting mechanism described in Section 1798.99.21, a person shall not bring an action under paragraph (1) until the person has notified the social media platform of the violent post and requested that it be removed through the reporting mechanism.(b) (1) A court shall award court costs and reasonable attorneys fees to a prevailing plaintiff in an action brought under this section.(2) Reasonable attorneys fees may be awarded to a prevailing defendant upon a finding by the court that the plaintiffs prosecution of the action was not in good faith.1798.99.23. This title does not apply to a social media platform with fewer than 1,000,000 discrete monthly users.
SECTION 1. Title 1.81.46 (commencing with Section 1798.99.20) is added to Part 4 of Division 3 of the Civil Code, to read:
### SECTION 1.
TITLE 1.81.46. Online Violence Prevention Act1798.99.20. For purposes of this section:(a) (1) Content means media that are created, posted, shared, or otherwise interacted with by users on an internet-based service. (2) Content does not include media put online exclusively for the purpose of file sharing.(b) Social media company means a person or entity that owns or operates one or more social media platforms.(c) Social media platform means an internet-based service or application that meets all of the following criteria:(1) The primary purpose of the service or application is to connect users and allow users to interact with each other within the service or application.(2) The service or application allows users to do all of the following:(A) Construct a public or semipublic profile within a bounded system created by the service or application.(B) Populate a list of other users with whom an individual shares a connection within the system.(C) View and navigate a list of connections made by other individuals within the system.(D) Create or post content viewable by other users.(d) User means a person with an account on a social media platform.(e) Violent post means content on a social media platform that contains a true threat against a specific person or an incitement to imminent lawless action that is not protected by the First Amendment to the United States Constitution.1798.99.21. (a) (1) A social media platform shall clearly and conspicuously state whether it has a mechanism for reporting violent posts that is available to users and nonusers of the platform.(2) If the social media platform has a reporting mechanism, the statement required by this subdivision shall include a link to the reporting mechanism.(b) A social media company, upon receiving notice from a user or other person through the reporting mechanism described in subdivision (a) that a post on its social media platform constitutes or contains a violent post, shall, within 48 hours, determine whether the post constitutes a violent post and, if so, remove it.1798.99.22. (a) (1) (A) A person who is the target of a violent post, or reasonably believes the person is the target of a violent post, may seek an order requiring the social media platform to remove the violent post and any related violent post the court determines shall be removed in the interests of justice. (B) A person may bring an action under this paragraph before 48 hours have passed since providing notice to a social media platform pursuant to paragraph (2), but the court shall not rule on the request for an order until 48 hours have passed from the provision of notice.(C) A person may bring an action under this paragraph at any time, and the court may rule on the request at any time, if the social media platform does not have a reporting mechanism described in Section 1798.99.21.(2) If the social media platform has a reporting mechanism described in Section 1798.99.21, a person shall not bring an action under paragraph (1) until the person has notified the social media platform of the violent post and requested that it be removed through the reporting mechanism.(b) (1) A court shall award court costs and reasonable attorneys fees to a prevailing plaintiff in an action brought under this section.(2) Reasonable attorneys fees may be awarded to a prevailing defendant upon a finding by the court that the plaintiffs prosecution of the action was not in good faith.1798.99.23. This title does not apply to a social media platform with fewer than 1,000,000 discrete monthly users.
TITLE 1.81.46. Online Violence Prevention Act1798.99.20. For purposes of this section:(a) (1) Content means media that are created, posted, shared, or otherwise interacted with by users on an internet-based service. (2) Content does not include media put online exclusively for the purpose of file sharing.(b) Social media company means a person or entity that owns or operates one or more social media platforms.(c) Social media platform means an internet-based service or application that meets all of the following criteria:(1) The primary purpose of the service or application is to connect users and allow users to interact with each other within the service or application.(2) The service or application allows users to do all of the following:(A) Construct a public or semipublic profile within a bounded system created by the service or application.(B) Populate a list of other users with whom an individual shares a connection within the system.(C) View and navigate a list of connections made by other individuals within the system.(D) Create or post content viewable by other users.(d) User means a person with an account on a social media platform.(e) Violent post means content on a social media platform that contains a true threat against a specific person or an incitement to imminent lawless action that is not protected by the First Amendment to the United States Constitution.1798.99.21. (a) (1) A social media platform shall clearly and conspicuously state whether it has a mechanism for reporting violent posts that is available to users and nonusers of the platform.(2) If the social media platform has a reporting mechanism, the statement required by this subdivision shall include a link to the reporting mechanism.(b) A social media company, upon receiving notice from a user or other person through the reporting mechanism described in subdivision (a) that a post on its social media platform constitutes or contains a violent post, shall, within 48 hours, determine whether the post constitutes a violent post and, if so, remove it.1798.99.22. (a) (1) (A) A person who is the target of a violent post, or reasonably believes the person is the target of a violent post, may seek an order requiring the social media platform to remove the violent post and any related violent post the court determines shall be removed in the interests of justice. (B) A person may bring an action under this paragraph before 48 hours have passed since providing notice to a social media platform pursuant to paragraph (2), but the court shall not rule on the request for an order until 48 hours have passed from the provision of notice.(C) A person may bring an action under this paragraph at any time, and the court may rule on the request at any time, if the social media platform does not have a reporting mechanism described in Section 1798.99.21.(2) If the social media platform has a reporting mechanism described in Section 1798.99.21, a person shall not bring an action under paragraph (1) until the person has notified the social media platform of the violent post and requested that it be removed through the reporting mechanism.(b) (1) A court shall award court costs and reasonable attorneys fees to a prevailing plaintiff in an action brought under this section.(2) Reasonable attorneys fees may be awarded to a prevailing defendant upon a finding by the court that the plaintiffs prosecution of the action was not in good faith.1798.99.23. This title does not apply to a social media platform with fewer than 1,000,000 discrete monthly users.
TITLE 1.81.46. Online Violence Prevention Act
TITLE 1.81.46. Online Violence Prevention Act
1798.99.20. For purposes of this section:(a) (1) Content means media that are created, posted, shared, or otherwise interacted with by users on an internet-based service. (2) Content does not include media put online exclusively for the purpose of file sharing.(b) Social media company means a person or entity that owns or operates one or more social media platforms.(c) Social media platform means an internet-based service or application that meets all of the following criteria:(1) The primary purpose of the service or application is to connect users and allow users to interact with each other within the service or application.(2) The service or application allows users to do all of the following:(A) Construct a public or semipublic profile within a bounded system created by the service or application.(B) Populate a list of other users with whom an individual shares a connection within the system.(C) View and navigate a list of connections made by other individuals within the system.(D) Create or post content viewable by other users.(d) User means a person with an account on a social media platform.(e) Violent post means content on a social media platform that contains a true threat against a specific person or an incitement to imminent lawless action that is not protected by the First Amendment to the United States Constitution.
1798.99.20. For purposes of this section:
(a) (1) Content means media that are created, posted, shared, or otherwise interacted with by users on an internet-based service.
(2) Content does not include media put online exclusively for the purpose of file sharing.
(b) Social media company means a person or entity that owns or operates one or more social media platforms.
(c) Social media platform means an internet-based service or application that meets all of the following criteria:
(1) The primary purpose of the service or application is to connect users and allow users to interact with each other within the service or application.
(2) The service or application allows users to do all of the following:
(A) Construct a public or semipublic profile within a bounded system created by the service or application.
(B) Populate a list of other users with whom an individual shares a connection within the system.
(C) View and navigate a list of connections made by other individuals within the system.
(D) Create or post content viewable by other users.
(d) User means a person with an account on a social media platform.
(e) Violent post means content on a social media platform that contains a true threat against a specific person or an incitement to imminent lawless action that is not protected by the First Amendment to the United States Constitution.
1798.99.21. (a) (1) A social media platform shall clearly and conspicuously state whether it has a mechanism for reporting violent posts that is available to users and nonusers of the platform.(2) If the social media platform has a reporting mechanism, the statement required by this subdivision shall include a link to the reporting mechanism.(b) A social media company, upon receiving notice from a user or other person through the reporting mechanism described in subdivision (a) that a post on its social media platform constitutes or contains a violent post, shall, within 48 hours, determine whether the post constitutes a violent post and, if so, remove it.
1798.99.21. (a) (1) A social media platform shall clearly and conspicuously state whether it has a mechanism for reporting violent posts that is available to users and nonusers of the platform.
(2) If the social media platform has a reporting mechanism, the statement required by this subdivision shall include a link to the reporting mechanism.
(b) A social media company, upon receiving notice from a user or other person through the reporting mechanism described in subdivision (a) that a post on its social media platform constitutes or contains a violent post, shall, within 48 hours, determine whether the post constitutes a violent post and, if so, remove it.
1798.99.22. (a) (1) (A) A person who is the target of a violent post, or reasonably believes the person is the target of a violent post, may seek an order requiring the social media platform to remove the violent post and any related violent post the court determines shall be removed in the interests of justice. (B) A person may bring an action under this paragraph before 48 hours have passed since providing notice to a social media platform pursuant to paragraph (2), but the court shall not rule on the request for an order until 48 hours have passed from the provision of notice.(C) A person may bring an action under this paragraph at any time, and the court may rule on the request at any time, if the social media platform does not have a reporting mechanism described in Section 1798.99.21.(2) If the social media platform has a reporting mechanism described in Section 1798.99.21, a person shall not bring an action under paragraph (1) until the person has notified the social media platform of the violent post and requested that it be removed through the reporting mechanism.(b) (1) A court shall award court costs and reasonable attorneys fees to a prevailing plaintiff in an action brought under this section.(2) Reasonable attorneys fees may be awarded to a prevailing defendant upon a finding by the court that the plaintiffs prosecution of the action was not in good faith.
1798.99.22. (a) (1) (A) A person who is the target of a violent post, or reasonably believes the person is the target of a violent post, may seek an order requiring the social media platform to remove the violent post and any related violent post the court determines shall be removed in the interests of justice.
(B) A person may bring an action under this paragraph before 48 hours have passed since providing notice to a social media platform pursuant to paragraph (2), but the court shall not rule on the request for an order until 48 hours have passed from the provision of notice.
(C) A person may bring an action under this paragraph at any time, and the court may rule on the request at any time, if the social media platform does not have a reporting mechanism described in Section 1798.99.21.
(2) If the social media platform has a reporting mechanism described in Section 1798.99.21, a person shall not bring an action under paragraph (1) until the person has notified the social media platform of the violent post and requested that it be removed through the reporting mechanism.
(b) (1) A court shall award court costs and reasonable attorneys fees to a prevailing plaintiff in an action brought under this section.
(2) Reasonable attorneys fees may be awarded to a prevailing defendant upon a finding by the court that the plaintiffs prosecution of the action was not in good faith.
1798.99.23. This title does not apply to a social media platform with fewer than 1,000,000 discrete monthly users.
1798.99.23. This title does not apply to a social media platform with fewer than 1,000,000 discrete monthly users.
(a)There shall be no monetary liability on the part of, and no cause of action shall arise against, a person who is a psychotherapist as defined in Section 1010 of the Evidence Code in failing to protect from a patients threatened violent behavior or failing to predict and protect from a patients violent behavior except if the patient has communicated to the psychotherapist a serious threat of physical violence against a reasonably identifiable victim or victims.
(b)There shall be no monetary liability on the part of, and no cause of action shall arise against, a psychotherapist who, under the limited circumstances specified in subdivision (a), discharges their duty to protect by making reasonable efforts to communicate the threat to the victim or victims and to a law enforcement agency.
(c)It is the intent of the Legislature that the amendments made by the act adding this subdivision only change the name of the duty referenced in this section from a duty to warn and protect to a duty to protect. Nothing in this section shall be construed to be a substantive change, and any duty of a psychotherapist shall not be modified as a result of changing the wording in this section.
(d)It is the intent of the Legislature that a court interpret this section, as amended by the act adding this subdivision, in a manner consistent with the interpretation of this section as it read prior to January 1, 2013.