California 2021-2022 Regular Session

California Senate Bill SB388

Introduced
2/11/21  
Introduced
2/11/21  
Refer
2/25/21  
Refer
2/25/21  
Refer
3/22/21  
Refer
3/22/21  
Refer
3/23/21  
Refer
3/23/21  
Refer
4/7/21  
Refer
4/19/21  

Caption

Platform companies: content management: negative externalities: report: acceptable use policy: illegal content.

Impact

By enforcing rigorous reporting requirements, SB 388 seeks to enhance accountability and transparency among social media platforms. The legislation aims to protect users and the general public from the detrimental effects that arise from unchecked content on these platforms. The requirement for platforms with significant user bases (25 million or more unique monthly visitors) to provide detailed metrics on their content moderation efforts will likely lead to more responsible content management practices. This move can potentially shift the operational landscape for social media companies and heighten their obligations to public safety and user wellbeing.

Summary

Senate Bill 388, introduced by Senator Stern, is a significant piece of legislation aimed at regulating social media platform companies in California. The bill mandates these companies to report annual information to the Department of Justice regarding their content management practices, specifically focusing on the negative externalities associated with their operations. These externalities include the prevalence of harmful content such as violence and hate speech, which the platforms are required to monitor and mitigate through specified actions and reporting. Additionally, the bill stipulates that platforms must have an acceptable use policy and remove illegal content within 24 hours of its posting.

Sentiment

The sentiment surrounding SB 388 appears to be largely supportive among advocates for consumer protection and online safety, who view it as a necessary step toward greater accountability for social media platforms. However, there may be some concerns from industry stakeholders regarding the compliance burden the bill imposes, especially considering the level of detail required in the reports. Overall, the legislation aligns with a broader movement advocating for enhanced regulation of digital platforms to address issues of misinformation, mental health impacts, and public safety.

Contention

Notably, there are some contentious aspects of the bill related to the ambiguities surrounding what constitutes a 'negative externality' and how platforms will handle the policing of content that may be deemed objectionable. While the aim is to improve safety and reduce harmful influences on users, critics may argue that it could lead to over-moderation or censoring of free speech. Balancing the need for user safety with the rights of individuals to express themselves freely online will be a significant challenge as the bill moves forward.

Companion Bills

No companion bills found.

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