Enrolled August 21, 2024 Passed IN Senate August 19, 2024 Passed IN Assembly August 12, 2024 Amended IN Assembly August 05, 2024 Amended IN Assembly June 21, 2024 Amended IN Senate May 02, 2024 Amended IN Senate April 22, 2024 Amended IN Senate March 20, 2024 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Senate Bill No. 981Introduced by Senator Wahab(Coauthor: Senator Ochoa Bogh)(Coauthor: Assembly Member Weber)January 29, 2024An act to add Chapter 22.7 (commencing with Section 22670) to Division 8 of the Business and Professions Code, relating to social media platforms.LEGISLATIVE COUNSEL'S DIGESTSB 981, Wahab. Sexually explicit digital images.Existing law generally regulates social media platforms, including by requiring a social media platform to provide, in a mechanism that is reasonably accessible to users, a means for a user who is a California resident to report material to the social media platform that the user reasonably believes is, among other things, child sexual abuse material.This bill would require a social media platform to provide a mechanism that is reasonably accessible to a reporting user who is a California resident who has an account with the social media platform to report sexually explicit digital identity theft to the social media platform. The bill would define sexually explicit digital identity theft to mean the posting of covered material on a social media platform and would define covered material to mean material that meets certain criteria, including that the material is an image or video created or altered through digitization that would appear to a reasonable person to be an image or video of an intimate body part of an identifiable person or an identifiable person engaged in certain sexual acts, and that the reporting person is the person depicted in the material and did not consent to the use of the reporting persons likeness in the material. The bill would also require a social media platform to immediately remove a reported instance of sexually explicit digital identity theft from being publicly viewable on the social media platform if the social media platform determines there is a reasonable basis to believe the reported sexually explicit digital identity theft is sexually explicit digital identity theft, as prescribed.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 22.7 (commencing with Section 22670) is added to Division 8 of the Business and Professions Code, to read: CHAPTER 22.7. Digital Identity Theft22670. (a) (1) Covered material means material that meets all of the following criteria:(A) The material is an image or video created or altered through digitization that would appear to a reasonable person to be an image or video of any of the following:(i) An intimate body part of an identifiable person.(ii) An identifiable person engaged in an act of sexual intercourse, sodomy, oral copulation, or sexual penetration.(iii) An identifiable person engaged in masturbation.(B) The reporting person is the person depicted in the material, and the reporting person did not consent to the use of the reporting persons likeness in the material.(C) The material is displayed, stored, or hosted on the social media platform.(2) Covered material does not include an image or video that contains only minor alterations that do not lead to significant changes to the perceived content or meaning of the content, including changes to brightness or contrast of images and other minor changes that do not impact the content of the image or video.(b) Reporting user means a natural person who reports material to a social media platform using the mechanism provided by the social media platform pursuant to Section 22671.(c) Sexually explicit digital identity theft means the posting of covered material on a social media platform.(d) (1) Social media platform has, except as provided in paragraph (2), the same meaning as defined in Section 22675.(2) Social media platform does not include either of the following:(A) A stand-alone direct messaging service that provides end-to-end encrypted communication or the portion of a multiservice platform that uses end-to-end encrypted communication.(B) An internet-based service or application owned or operated by a nonprofit organization exempt from federal income tax pursuant to Section 501(c)(3) of the Internal Revenue Code.22671. A social media platform shall do all of the following:(a) Provide a mechanism that is reasonably accessible to a reporting user who is a California resident who has an account with the social media platform to report sexually explicit digital identity theft to the social media platform.(b) Collect information reasonably sufficient to enable the social media platform to locate the instance of sexually explicit digital identity theft and to contact a reporting user with both of the following:(1) Confirmation that the social media platform received the reporting users report within 48 hours of receipt of the report.(2) Within seven days of the date on which the confirmation required by paragraph (1) is issued, a written update to the reporting user as to the status of the social media platforms handling of the reported sexually explicit digital identity theft.(c) (1) Except as provided in paragraph (2), determine within 30 days of the date on which the confirmation required by paragraph (1) of subdivision (b) is issued whether there is a reasonable basis to believe that the reported sexually explicit digital identity theft is sexually explicit digital identity theft.(2) (A) If the social media platform cannot comply with paragraph (1) within 30 days due to circumstances beyond the reasonable control of the social media platform, the social media platform shall comply with paragraph (1) no later than 60 days after the date on which the covered material was first reported.(B) If subparagraph (A) applies, the social media platform shall promptly provide written notice of the delay, no later than 48 hours from the time the social media platform knew the delay was likely to occur, to the reporting user using the information collected from the reporting user under subdivision (b).(d) (1) Temporarily block a reported instance of sexually explicit digital identity theft from being publicly viewable on the social media platform pending a determination pursuant to subdivision (c).(2) Immediately remove a reported instance of sexually explicit digital identity theft from being publicly viewable on the social media platform if the social media platform determines there is a reasonable basis to believe the reported sexually explicit digital identity theft is sexually explicit digital identity theft.
Enrolled August 21, 2024 Passed IN Senate August 19, 2024 Passed IN Assembly August 12, 2024 Amended IN Assembly August 05, 2024 Amended IN Assembly June 21, 2024 Amended IN Senate May 02, 2024 Amended IN Senate April 22, 2024 Amended IN Senate March 20, 2024 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Senate Bill No. 981Introduced by Senator Wahab(Coauthor: Senator Ochoa Bogh)(Coauthor: Assembly Member Weber)January 29, 2024An act to add Chapter 22.7 (commencing with Section 22670) to Division 8 of the Business and Professions Code, relating to social media platforms.LEGISLATIVE COUNSEL'S DIGESTSB 981, Wahab. Sexually explicit digital images.Existing law generally regulates social media platforms, including by requiring a social media platform to provide, in a mechanism that is reasonably accessible to users, a means for a user who is a California resident to report material to the social media platform that the user reasonably believes is, among other things, child sexual abuse material.This bill would require a social media platform to provide a mechanism that is reasonably accessible to a reporting user who is a California resident who has an account with the social media platform to report sexually explicit digital identity theft to the social media platform. The bill would define sexually explicit digital identity theft to mean the posting of covered material on a social media platform and would define covered material to mean material that meets certain criteria, including that the material is an image or video created or altered through digitization that would appear to a reasonable person to be an image or video of an intimate body part of an identifiable person or an identifiable person engaged in certain sexual acts, and that the reporting person is the person depicted in the material and did not consent to the use of the reporting persons likeness in the material. The bill would also require a social media platform to immediately remove a reported instance of sexually explicit digital identity theft from being publicly viewable on the social media platform if the social media platform determines there is a reasonable basis to believe the reported sexually explicit digital identity theft is sexually explicit digital identity theft, as prescribed.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
Enrolled August 21, 2024 Passed IN Senate August 19, 2024 Passed IN Assembly August 12, 2024 Amended IN Assembly August 05, 2024 Amended IN Assembly June 21, 2024 Amended IN Senate May 02, 2024 Amended IN Senate April 22, 2024 Amended IN Senate March 20, 2024
Enrolled August 21, 2024
Passed IN Senate August 19, 2024
Passed IN Assembly August 12, 2024
Amended IN Assembly August 05, 2024
Amended IN Assembly June 21, 2024
Amended IN Senate May 02, 2024
Amended IN Senate April 22, 2024
Amended IN Senate March 20, 2024
CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION
Senate Bill
No. 981
Introduced by Senator Wahab(Coauthor: Senator Ochoa Bogh)(Coauthor: Assembly Member Weber)January 29, 2024
Introduced by Senator Wahab(Coauthor: Senator Ochoa Bogh)(Coauthor: Assembly Member Weber)
January 29, 2024
An act to add Chapter 22.7 (commencing with Section 22670) to Division 8 of the Business and Professions Code, relating to social media platforms.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
SB 981, Wahab. Sexually explicit digital images.
Existing law generally regulates social media platforms, including by requiring a social media platform to provide, in a mechanism that is reasonably accessible to users, a means for a user who is a California resident to report material to the social media platform that the user reasonably believes is, among other things, child sexual abuse material.This bill would require a social media platform to provide a mechanism that is reasonably accessible to a reporting user who is a California resident who has an account with the social media platform to report sexually explicit digital identity theft to the social media platform. The bill would define sexually explicit digital identity theft to mean the posting of covered material on a social media platform and would define covered material to mean material that meets certain criteria, including that the material is an image or video created or altered through digitization that would appear to a reasonable person to be an image or video of an intimate body part of an identifiable person or an identifiable person engaged in certain sexual acts, and that the reporting person is the person depicted in the material and did not consent to the use of the reporting persons likeness in the material. The bill would also require a social media platform to immediately remove a reported instance of sexually explicit digital identity theft from being publicly viewable on the social media platform if the social media platform determines there is a reasonable basis to believe the reported sexually explicit digital identity theft is sexually explicit digital identity theft, as prescribed.
Existing law generally regulates social media platforms, including by requiring a social media platform to provide, in a mechanism that is reasonably accessible to users, a means for a user who is a California resident to report material to the social media platform that the user reasonably believes is, among other things, child sexual abuse material.
This bill would require a social media platform to provide a mechanism that is reasonably accessible to a reporting user who is a California resident who has an account with the social media platform to report sexually explicit digital identity theft to the social media platform. The bill would define sexually explicit digital identity theft to mean the posting of covered material on a social media platform and would define covered material to mean material that meets certain criteria, including that the material is an image or video created or altered through digitization that would appear to a reasonable person to be an image or video of an intimate body part of an identifiable person or an identifiable person engaged in certain sexual acts, and that the reporting person is the person depicted in the material and did not consent to the use of the reporting persons likeness in the material. The bill would also require a social media platform to immediately remove a reported instance of sexually explicit digital identity theft from being publicly viewable on the social media platform if the social media platform determines there is a reasonable basis to believe the reported sexually explicit digital identity theft is sexually explicit digital identity theft, as prescribed.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Chapter 22.7 (commencing with Section 22670) is added to Division 8 of the Business and Professions Code, to read: CHAPTER 22.7. Digital Identity Theft22670. (a) (1) Covered material means material that meets all of the following criteria:(A) The material is an image or video created or altered through digitization that would appear to a reasonable person to be an image or video of any of the following:(i) An intimate body part of an identifiable person.(ii) An identifiable person engaged in an act of sexual intercourse, sodomy, oral copulation, or sexual penetration.(iii) An identifiable person engaged in masturbation.(B) The reporting person is the person depicted in the material, and the reporting person did not consent to the use of the reporting persons likeness in the material.(C) The material is displayed, stored, or hosted on the social media platform.(2) Covered material does not include an image or video that contains only minor alterations that do not lead to significant changes to the perceived content or meaning of the content, including changes to brightness or contrast of images and other minor changes that do not impact the content of the image or video.(b) Reporting user means a natural person who reports material to a social media platform using the mechanism provided by the social media platform pursuant to Section 22671.(c) Sexually explicit digital identity theft means the posting of covered material on a social media platform.(d) (1) Social media platform has, except as provided in paragraph (2), the same meaning as defined in Section 22675.(2) Social media platform does not include either of the following:(A) A stand-alone direct messaging service that provides end-to-end encrypted communication or the portion of a multiservice platform that uses end-to-end encrypted communication.(B) An internet-based service or application owned or operated by a nonprofit organization exempt from federal income tax pursuant to Section 501(c)(3) of the Internal Revenue Code.22671. A social media platform shall do all of the following:(a) Provide a mechanism that is reasonably accessible to a reporting user who is a California resident who has an account with the social media platform to report sexually explicit digital identity theft to the social media platform.(b) Collect information reasonably sufficient to enable the social media platform to locate the instance of sexually explicit digital identity theft and to contact a reporting user with both of the following:(1) Confirmation that the social media platform received the reporting users report within 48 hours of receipt of the report.(2) Within seven days of the date on which the confirmation required by paragraph (1) is issued, a written update to the reporting user as to the status of the social media platforms handling of the reported sexually explicit digital identity theft.(c) (1) Except as provided in paragraph (2), determine within 30 days of the date on which the confirmation required by paragraph (1) of subdivision (b) is issued whether there is a reasonable basis to believe that the reported sexually explicit digital identity theft is sexually explicit digital identity theft.(2) (A) If the social media platform cannot comply with paragraph (1) within 30 days due to circumstances beyond the reasonable control of the social media platform, the social media platform shall comply with paragraph (1) no later than 60 days after the date on which the covered material was first reported.(B) If subparagraph (A) applies, the social media platform shall promptly provide written notice of the delay, no later than 48 hours from the time the social media platform knew the delay was likely to occur, to the reporting user using the information collected from the reporting user under subdivision (b).(d) (1) Temporarily block a reported instance of sexually explicit digital identity theft from being publicly viewable on the social media platform pending a determination pursuant to subdivision (c).(2) Immediately remove a reported instance of sexually explicit digital identity theft from being publicly viewable on the social media platform if the social media platform determines there is a reasonable basis to believe the reported sexually explicit digital identity theft is sexually explicit digital identity theft.
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 22.7 (commencing with Section 22670) is added to Division 8 of the Business and Professions Code, to read: CHAPTER 22.7. Digital Identity Theft22670. (a) (1) Covered material means material that meets all of the following criteria:(A) The material is an image or video created or altered through digitization that would appear to a reasonable person to be an image or video of any of the following:(i) An intimate body part of an identifiable person.(ii) An identifiable person engaged in an act of sexual intercourse, sodomy, oral copulation, or sexual penetration.(iii) An identifiable person engaged in masturbation.(B) The reporting person is the person depicted in the material, and the reporting person did not consent to the use of the reporting persons likeness in the material.(C) The material is displayed, stored, or hosted on the social media platform.(2) Covered material does not include an image or video that contains only minor alterations that do not lead to significant changes to the perceived content or meaning of the content, including changes to brightness or contrast of images and other minor changes that do not impact the content of the image or video.(b) Reporting user means a natural person who reports material to a social media platform using the mechanism provided by the social media platform pursuant to Section 22671.(c) Sexually explicit digital identity theft means the posting of covered material on a social media platform.(d) (1) Social media platform has, except as provided in paragraph (2), the same meaning as defined in Section 22675.(2) Social media platform does not include either of the following:(A) A stand-alone direct messaging service that provides end-to-end encrypted communication or the portion of a multiservice platform that uses end-to-end encrypted communication.(B) An internet-based service or application owned or operated by a nonprofit organization exempt from federal income tax pursuant to Section 501(c)(3) of the Internal Revenue Code.22671. A social media platform shall do all of the following:(a) Provide a mechanism that is reasonably accessible to a reporting user who is a California resident who has an account with the social media platform to report sexually explicit digital identity theft to the social media platform.(b) Collect information reasonably sufficient to enable the social media platform to locate the instance of sexually explicit digital identity theft and to contact a reporting user with both of the following:(1) Confirmation that the social media platform received the reporting users report within 48 hours of receipt of the report.(2) Within seven days of the date on which the confirmation required by paragraph (1) is issued, a written update to the reporting user as to the status of the social media platforms handling of the reported sexually explicit digital identity theft.(c) (1) Except as provided in paragraph (2), determine within 30 days of the date on which the confirmation required by paragraph (1) of subdivision (b) is issued whether there is a reasonable basis to believe that the reported sexually explicit digital identity theft is sexually explicit digital identity theft.(2) (A) If the social media platform cannot comply with paragraph (1) within 30 days due to circumstances beyond the reasonable control of the social media platform, the social media platform shall comply with paragraph (1) no later than 60 days after the date on which the covered material was first reported.(B) If subparagraph (A) applies, the social media platform shall promptly provide written notice of the delay, no later than 48 hours from the time the social media platform knew the delay was likely to occur, to the reporting user using the information collected from the reporting user under subdivision (b).(d) (1) Temporarily block a reported instance of sexually explicit digital identity theft from being publicly viewable on the social media platform pending a determination pursuant to subdivision (c).(2) Immediately remove a reported instance of sexually explicit digital identity theft from being publicly viewable on the social media platform if the social media platform determines there is a reasonable basis to believe the reported sexually explicit digital identity theft is sexually explicit digital identity theft.
SECTION 1. Chapter 22.7 (commencing with Section 22670) is added to Division 8 of the Business and Professions Code, to read:
### SECTION 1.
CHAPTER 22.7. Digital Identity Theft22670. (a) (1) Covered material means material that meets all of the following criteria:(A) The material is an image or video created or altered through digitization that would appear to a reasonable person to be an image or video of any of the following:(i) An intimate body part of an identifiable person.(ii) An identifiable person engaged in an act of sexual intercourse, sodomy, oral copulation, or sexual penetration.(iii) An identifiable person engaged in masturbation.(B) The reporting person is the person depicted in the material, and the reporting person did not consent to the use of the reporting persons likeness in the material.(C) The material is displayed, stored, or hosted on the social media platform.(2) Covered material does not include an image or video that contains only minor alterations that do not lead to significant changes to the perceived content or meaning of the content, including changes to brightness or contrast of images and other minor changes that do not impact the content of the image or video.(b) Reporting user means a natural person who reports material to a social media platform using the mechanism provided by the social media platform pursuant to Section 22671.(c) Sexually explicit digital identity theft means the posting of covered material on a social media platform.(d) (1) Social media platform has, except as provided in paragraph (2), the same meaning as defined in Section 22675.(2) Social media platform does not include either of the following:(A) A stand-alone direct messaging service that provides end-to-end encrypted communication or the portion of a multiservice platform that uses end-to-end encrypted communication.(B) An internet-based service or application owned or operated by a nonprofit organization exempt from federal income tax pursuant to Section 501(c)(3) of the Internal Revenue Code.22671. A social media platform shall do all of the following:(a) Provide a mechanism that is reasonably accessible to a reporting user who is a California resident who has an account with the social media platform to report sexually explicit digital identity theft to the social media platform.(b) Collect information reasonably sufficient to enable the social media platform to locate the instance of sexually explicit digital identity theft and to contact a reporting user with both of the following:(1) Confirmation that the social media platform received the reporting users report within 48 hours of receipt of the report.(2) Within seven days of the date on which the confirmation required by paragraph (1) is issued, a written update to the reporting user as to the status of the social media platforms handling of the reported sexually explicit digital identity theft.(c) (1) Except as provided in paragraph (2), determine within 30 days of the date on which the confirmation required by paragraph (1) of subdivision (b) is issued whether there is a reasonable basis to believe that the reported sexually explicit digital identity theft is sexually explicit digital identity theft.(2) (A) If the social media platform cannot comply with paragraph (1) within 30 days due to circumstances beyond the reasonable control of the social media platform, the social media platform shall comply with paragraph (1) no later than 60 days after the date on which the covered material was first reported.(B) If subparagraph (A) applies, the social media platform shall promptly provide written notice of the delay, no later than 48 hours from the time the social media platform knew the delay was likely to occur, to the reporting user using the information collected from the reporting user under subdivision (b).(d) (1) Temporarily block a reported instance of sexually explicit digital identity theft from being publicly viewable on the social media platform pending a determination pursuant to subdivision (c).(2) Immediately remove a reported instance of sexually explicit digital identity theft from being publicly viewable on the social media platform if the social media platform determines there is a reasonable basis to believe the reported sexually explicit digital identity theft is sexually explicit digital identity theft.
CHAPTER 22.7. Digital Identity Theft22670. (a) (1) Covered material means material that meets all of the following criteria:(A) The material is an image or video created or altered through digitization that would appear to a reasonable person to be an image or video of any of the following:(i) An intimate body part of an identifiable person.(ii) An identifiable person engaged in an act of sexual intercourse, sodomy, oral copulation, or sexual penetration.(iii) An identifiable person engaged in masturbation.(B) The reporting person is the person depicted in the material, and the reporting person did not consent to the use of the reporting persons likeness in the material.(C) The material is displayed, stored, or hosted on the social media platform.(2) Covered material does not include an image or video that contains only minor alterations that do not lead to significant changes to the perceived content or meaning of the content, including changes to brightness or contrast of images and other minor changes that do not impact the content of the image or video.(b) Reporting user means a natural person who reports material to a social media platform using the mechanism provided by the social media platform pursuant to Section 22671.(c) Sexually explicit digital identity theft means the posting of covered material on a social media platform.(d) (1) Social media platform has, except as provided in paragraph (2), the same meaning as defined in Section 22675.(2) Social media platform does not include either of the following:(A) A stand-alone direct messaging service that provides end-to-end encrypted communication or the portion of a multiservice platform that uses end-to-end encrypted communication.(B) An internet-based service or application owned or operated by a nonprofit organization exempt from federal income tax pursuant to Section 501(c)(3) of the Internal Revenue Code.22671. A social media platform shall do all of the following:(a) Provide a mechanism that is reasonably accessible to a reporting user who is a California resident who has an account with the social media platform to report sexually explicit digital identity theft to the social media platform.(b) Collect information reasonably sufficient to enable the social media platform to locate the instance of sexually explicit digital identity theft and to contact a reporting user with both of the following:(1) Confirmation that the social media platform received the reporting users report within 48 hours of receipt of the report.(2) Within seven days of the date on which the confirmation required by paragraph (1) is issued, a written update to the reporting user as to the status of the social media platforms handling of the reported sexually explicit digital identity theft.(c) (1) Except as provided in paragraph (2), determine within 30 days of the date on which the confirmation required by paragraph (1) of subdivision (b) is issued whether there is a reasonable basis to believe that the reported sexually explicit digital identity theft is sexually explicit digital identity theft.(2) (A) If the social media platform cannot comply with paragraph (1) within 30 days due to circumstances beyond the reasonable control of the social media platform, the social media platform shall comply with paragraph (1) no later than 60 days after the date on which the covered material was first reported.(B) If subparagraph (A) applies, the social media platform shall promptly provide written notice of the delay, no later than 48 hours from the time the social media platform knew the delay was likely to occur, to the reporting user using the information collected from the reporting user under subdivision (b).(d) (1) Temporarily block a reported instance of sexually explicit digital identity theft from being publicly viewable on the social media platform pending a determination pursuant to subdivision (c).(2) Immediately remove a reported instance of sexually explicit digital identity theft from being publicly viewable on the social media platform if the social media platform determines there is a reasonable basis to believe the reported sexually explicit digital identity theft is sexually explicit digital identity theft.
CHAPTER 22.7. Digital Identity Theft
CHAPTER 22.7. Digital Identity Theft
22670. (a) (1) Covered material means material that meets all of the following criteria:(A) The material is an image or video created or altered through digitization that would appear to a reasonable person to be an image or video of any of the following:(i) An intimate body part of an identifiable person.(ii) An identifiable person engaged in an act of sexual intercourse, sodomy, oral copulation, or sexual penetration.(iii) An identifiable person engaged in masturbation.(B) The reporting person is the person depicted in the material, and the reporting person did not consent to the use of the reporting persons likeness in the material.(C) The material is displayed, stored, or hosted on the social media platform.(2) Covered material does not include an image or video that contains only minor alterations that do not lead to significant changes to the perceived content or meaning of the content, including changes to brightness or contrast of images and other minor changes that do not impact the content of the image or video.(b) Reporting user means a natural person who reports material to a social media platform using the mechanism provided by the social media platform pursuant to Section 22671.(c) Sexually explicit digital identity theft means the posting of covered material on a social media platform.(d) (1) Social media platform has, except as provided in paragraph (2), the same meaning as defined in Section 22675.(2) Social media platform does not include either of the following:(A) A stand-alone direct messaging service that provides end-to-end encrypted communication or the portion of a multiservice platform that uses end-to-end encrypted communication.(B) An internet-based service or application owned or operated by a nonprofit organization exempt from federal income tax pursuant to Section 501(c)(3) of the Internal Revenue Code.
22670. (a) (1) Covered material means material that meets all of the following criteria:
(A) The material is an image or video created or altered through digitization that would appear to a reasonable person to be an image or video of any of the following:
(i) An intimate body part of an identifiable person.
(ii) An identifiable person engaged in an act of sexual intercourse, sodomy, oral copulation, or sexual penetration.
(iii) An identifiable person engaged in masturbation.
(B) The reporting person is the person depicted in the material, and the reporting person did not consent to the use of the reporting persons likeness in the material.
(C) The material is displayed, stored, or hosted on the social media platform.
(2) Covered material does not include an image or video that contains only minor alterations that do not lead to significant changes to the perceived content or meaning of the content, including changes to brightness or contrast of images and other minor changes that do not impact the content of the image or video.
(b) Reporting user means a natural person who reports material to a social media platform using the mechanism provided by the social media platform pursuant to Section 22671.
(c) Sexually explicit digital identity theft means the posting of covered material on a social media platform.
(d) (1) Social media platform has, except as provided in paragraph (2), the same meaning as defined in Section 22675.
(2) Social media platform does not include either of the following:
(A) A stand-alone direct messaging service that provides end-to-end encrypted communication or the portion of a multiservice platform that uses end-to-end encrypted communication.
(B) An internet-based service or application owned or operated by a nonprofit organization exempt from federal income tax pursuant to Section 501(c)(3) of the Internal Revenue Code.
22671. A social media platform shall do all of the following:(a) Provide a mechanism that is reasonably accessible to a reporting user who is a California resident who has an account with the social media platform to report sexually explicit digital identity theft to the social media platform.(b) Collect information reasonably sufficient to enable the social media platform to locate the instance of sexually explicit digital identity theft and to contact a reporting user with both of the following:(1) Confirmation that the social media platform received the reporting users report within 48 hours of receipt of the report.(2) Within seven days of the date on which the confirmation required by paragraph (1) is issued, a written update to the reporting user as to the status of the social media platforms handling of the reported sexually explicit digital identity theft.(c) (1) Except as provided in paragraph (2), determine within 30 days of the date on which the confirmation required by paragraph (1) of subdivision (b) is issued whether there is a reasonable basis to believe that the reported sexually explicit digital identity theft is sexually explicit digital identity theft.(2) (A) If the social media platform cannot comply with paragraph (1) within 30 days due to circumstances beyond the reasonable control of the social media platform, the social media platform shall comply with paragraph (1) no later than 60 days after the date on which the covered material was first reported.(B) If subparagraph (A) applies, the social media platform shall promptly provide written notice of the delay, no later than 48 hours from the time the social media platform knew the delay was likely to occur, to the reporting user using the information collected from the reporting user under subdivision (b).(d) (1) Temporarily block a reported instance of sexually explicit digital identity theft from being publicly viewable on the social media platform pending a determination pursuant to subdivision (c).(2) Immediately remove a reported instance of sexually explicit digital identity theft from being publicly viewable on the social media platform if the social media platform determines there is a reasonable basis to believe the reported sexually explicit digital identity theft is sexually explicit digital identity theft.
22671. A social media platform shall do all of the following:
(a) Provide a mechanism that is reasonably accessible to a reporting user who is a California resident who has an account with the social media platform to report sexually explicit digital identity theft to the social media platform.
(b) Collect information reasonably sufficient to enable the social media platform to locate the instance of sexually explicit digital identity theft and to contact a reporting user with both of the following:
(1) Confirmation that the social media platform received the reporting users report within 48 hours of receipt of the report.
(2) Within seven days of the date on which the confirmation required by paragraph (1) is issued, a written update to the reporting user as to the status of the social media platforms handling of the reported sexually explicit digital identity theft.
(c) (1) Except as provided in paragraph (2), determine within 30 days of the date on which the confirmation required by paragraph (1) of subdivision (b) is issued whether there is a reasonable basis to believe that the reported sexually explicit digital identity theft is sexually explicit digital identity theft.
(2) (A) If the social media platform cannot comply with paragraph (1) within 30 days due to circumstances beyond the reasonable control of the social media platform, the social media platform shall comply with paragraph (1) no later than 60 days after the date on which the covered material was first reported.
(B) If subparagraph (A) applies, the social media platform shall promptly provide written notice of the delay, no later than 48 hours from the time the social media platform knew the delay was likely to occur, to the reporting user using the information collected from the reporting user under subdivision (b).
(d) (1) Temporarily block a reported instance of sexually explicit digital identity theft from being publicly viewable on the social media platform pending a determination pursuant to subdivision (c).
(2) Immediately remove a reported instance of sexually explicit digital identity theft from being publicly viewable on the social media platform if the social media platform determines there is a reasonable basis to believe the reported sexually explicit digital identity theft is sexually explicit digital identity theft.