California 2025-2026 Regular Session

California Senate Bill SB771 Compare Versions

OldNewDifferences
1-Amended IN Senate March 24, 2025 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Senate Bill No. 771Introduced by Senator SternFebruary 21, 2025An act to amend Section 48901.8 of the Education Code, relating to pupils. An act to add Title 23 (commencing with Section 3273.72) to Part 4 of Division 3 of the Civil Code, relating to social media platforms.LEGISLATIVE COUNSEL'S DIGESTSB 771, as amended, Stern. Pupils: use of social media. Personal rights: liability: social media platforms.Existing law generally regulates social media platforms, including by requiring a social media company to post terms of service for each social media platform owned or operated by the company in a manner reasonably designed to inform all users of the social media platform of the existence and contents of the terms of service, as prescribed.Existing law generally prohibits a person from using violence or intimidation to interfere with another persons enjoyment of certain rights or because of certain attributes of that person, including the persons political affiliation, race, or sexual orientation, and punishes violations of that law with certain civil penalties or as misdemeanors, as prescribed. This bill would make a social media platform, as defined, that violates the above-referenced provisions of law relating to personal rights, including through its algorithms that relay content to users, or aids, abets, acts in concert, or conspires in violation of those laws, or is a joint tortfeasor in an action alleging a violation of those laws, liable for specified civil penalties. The bill would also make findings and declarations related to its provisions.Existing law authorizes the governing board of a school district, a county board of education, or the governing body of a charter school to adopt a policy to limit or prohibit the use by its pupils of social media, as defined, while the pupils are at a schoolsite or while the pupils are under the supervision and control of an employee or employees of that school district, county office of education, or charter school, as provided.This bill would require, instead of authorize, the adoption of a policy to limit or prohibit the use by its pupils of social media, as provided. By imposing additional duties on local educational agencies, the bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESNO Bill TextThe people of the State of California do enact as follows:SECTION 1. Title 23 (commencing with Section 3273.72) is added to Part 4 of Division 3 of the Civil Code, to read:TITLE 23. Social Media Platforms Endangering Californians3273.72. The Legislature finds and declares all of the following:(a) In California, corporations, like natural people, do not have a right to participate, through aiding, abetting, or conspiring, in hate crimes directed at vulnerable California populations, which is made unlawful by Section 422.6 of the Penal Code, to intimidate or terrorize Californians because of their sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, sexual orientation, citizenship, primary language, or immigration status, which is made unlawful by Sections 51.7 and 51.9 of the Civil Code, or to interfere with the ability of those Californians to exercise their constitutional rights, which is made unlawful by Sections 52 and 52.1 of the Civil Code.(b) (1) Social media platforms failure to moderate content is a matter of life and death for minorities historically subject to discrimination.(2) According to a December 2024 report by the County of Los Angeles Commission on Human Relations, [h]ate crimes in which anti-immigrant slurs were used climbed 31% [...] the largest number ever recorded since we began tracking this phenomenon in 2007.(3) According to American University, when it comes to being bullied on social media, [a]mong the most victimized are people in the LGBTQ (lesbian, gay, bisexual, transgender, queer/questioning) community, especially teens and young adults. Anti-LGBTQ+ misinformation and inflammatory accusations of grooming have recently surged by over 400 percent across social media platforms, according to a recent report released by the Human Rights Campaign and the Center for Countering Digital Hate.(4) Antisemitic incidents are spiking dramatically and are at all-time highs, according to the Anti-Defamation League (ADL). More than 10,000 antisemitic incidents occurred between October 7, 2023, and September 2024, which is up from 3,325 incidents during the prior year. That marks the most incidents recorded in a 12-month period by the organization since it began tracking threats in 1979.(c) (1) Likewise, social media platforms have a documented record of accepting money from advertisements that plainly and violently threaten women and that clearly violate their own terms of service. In one 2023 study, a nonprofit placed advertisements that referred to women as prostitutes, psychopaths, or vermin, and called for them to be beaten and killed. Researchers recently said they detected a four-fold increase in the level of misogynistic content suggested by TikTok over a five-day period of monitoring as the algorithm served more extreme videos often focused on anger and blame directed at women.(2) Relatedly, as illustrated in such cases as Sindell v. Abbott Laboratories (1980) 26 Cal.3d 588, 604, California has adopted Prosser and Keaton on The Law of Torts (4th ed. 1971) Section 46, p. 292, which states that those who, in pursuance of a common plan or design to commit a tortious act, actively take part in it, or further it by cooperation or request, or who lend aid or encouragement to the wrongdoer, or ratify and adopt his acts done for their benefit, are equally liable with him. This principle of liability is reflected in Section 876 of the Restatement Second of Torts.(d) Moreover, as illustrated by such cases as Summers v. Tice (1948) 33 Cal.2d 80, it has long been the law in California that if a party cannot identify which of two or more defendants caused an injury, the burden of proof may shift to the defendants to show that they were not responsible for the harm. (Sindell v. Abbott Laboratories (1980) 26 Cal.3d 588, 598).(e) For all of these reasons, the Legislature declares it necessary in order to preserve the peace, welfare, and lives of its residents to clarify the applicability of current laws against hate crime, terrorism, and intimidation to social media platforms.3273.73. As used in this title, social media platform means a social media platform, as defined in Section 22675 of the Business and Professions Code, that generates more than one hundred million dollars ($100,000,000) per year in gross revenues.3273.74. (a) A social media platform that violates Section 31 or 422.6 of the Penal Code or Section 51.7, 51.9, 52, or 52.1 of the Civil Code, including through its algorithms that relay content to users, or aids, abets, acts in concert, or conspires in a violation of any of those sections, or is a joint tortfeasor in an action alleging a violation of any of those sections, shall, in addition to any other remedy, in an action brought pursuant to this section be liable for a civil penalty for each violation sufficient to deter future violations, but not to exceed the following:(1) For an intentional violation, an amount equal to three months of the gross revenue of the social media platform preceding the judgment.(2) For a knowing or willful violation, an amount equal to two months of the gross revenue of the platform preceding the judgment.(3) For a reckless violation, an amount equal to one month of the gross revenue of the platform preceding the judgment.(4) If the evidence demonstrates that the platform knew, or should have known, that the plaintiff was a minor, the court may award up to twice the penalties described in this subdivision.(b) (1) For purposes of this section, deploying an artificial intelligence or algorithm that relays content to users may be considered to be an act of the platform independent from the message of the content relayed.(2) A platform shall be deemed to have actual knowledge of the operations of its own artificial intelligence and algorithms, including how and under what circumstances its artificial intelligence and algorithms deliver content to some users but not to others.SEC. 2. (a) The provisions of this act are severable. If any provision of this act or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.(b) Any waiver of this act shall be void and unenforceable as contrary to public policy.SECTION 1.Section 48901.8 of the Education Code is amended to read:48901.8.(a)(1)The governing board of a school district, a county board of education, or the governing body of a charter school shall adopt a policy to limit or prohibit the use by its pupils of social media while the pupils are at a schoolsite or while the pupils are under the supervision and control of an employee or employees of that school district, county office of education, or charter school.(2)This section does not authorize monitoring, collecting, or otherwise accessing any information related to a pupils online activities.(b)For purposes of this section, social media means a social media platform as that term is defined in Section 22675 of the Business and Professions Code.SEC. 2.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
1+CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Senate Bill No. 771Introduced by Senator SternFebruary 21, 2025 An act to amend Section 48901.8 of the Education Code, relating to pupils.LEGISLATIVE COUNSEL'S DIGESTSB 771, as introduced, Stern. Pupils: use of social media.Existing law authorizes the governing board of a school district, a county board of education, or the governing body of a charter school to adopt a policy to limit or prohibit the use by its pupils of social media, as defined, while the pupils are at a schoolsite or while the pupils are under the supervision and control of an employee or employees of that school district, county office of education, or charter school, as provided.This bill would require, instead of authorize, the adoption of a policy to limit or prohibit the use by its pupils of social media, as provided. By imposing additional duties on local educational agencies, the bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 48901.8 of the Education Code is amended to read:48901.8. (a) (1) The governing board of a school district, a county board of education, or the governing body of a charter school may shall adopt a policy to limit or prohibit the use by its pupils of social media while the pupils are at a schoolsite or while the pupils are under the supervision and control of an employee or employees of that school district, county office of education, or charter school.(2) This section does not authorize monitoring, collecting, or otherwise accessing any information related to a pupils online activities.(b) For purposes of this section, social media means a social media platform as that term is defined in Section 22675 of the Business and Professions Code.SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
22
3- Amended IN Senate March 24, 2025 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Senate Bill No. 771Introduced by Senator SternFebruary 21, 2025An act to amend Section 48901.8 of the Education Code, relating to pupils. An act to add Title 23 (commencing with Section 3273.72) to Part 4 of Division 3 of the Civil Code, relating to social media platforms.LEGISLATIVE COUNSEL'S DIGESTSB 771, as amended, Stern. Pupils: use of social media. Personal rights: liability: social media platforms.Existing law generally regulates social media platforms, including by requiring a social media company to post terms of service for each social media platform owned or operated by the company in a manner reasonably designed to inform all users of the social media platform of the existence and contents of the terms of service, as prescribed.Existing law generally prohibits a person from using violence or intimidation to interfere with another persons enjoyment of certain rights or because of certain attributes of that person, including the persons political affiliation, race, or sexual orientation, and punishes violations of that law with certain civil penalties or as misdemeanors, as prescribed. This bill would make a social media platform, as defined, that violates the above-referenced provisions of law relating to personal rights, including through its algorithms that relay content to users, or aids, abets, acts in concert, or conspires in violation of those laws, or is a joint tortfeasor in an action alleging a violation of those laws, liable for specified civil penalties. The bill would also make findings and declarations related to its provisions.Existing law authorizes the governing board of a school district, a county board of education, or the governing body of a charter school to adopt a policy to limit or prohibit the use by its pupils of social media, as defined, while the pupils are at a schoolsite or while the pupils are under the supervision and control of an employee or employees of that school district, county office of education, or charter school, as provided.This bill would require, instead of authorize, the adoption of a policy to limit or prohibit the use by its pupils of social media, as provided. By imposing additional duties on local educational agencies, the bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESNO
3+ CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Senate Bill No. 771Introduced by Senator SternFebruary 21, 2025 An act to amend Section 48901.8 of the Education Code, relating to pupils.LEGISLATIVE COUNSEL'S DIGESTSB 771, as introduced, Stern. Pupils: use of social media.Existing law authorizes the governing board of a school district, a county board of education, or the governing body of a charter school to adopt a policy to limit or prohibit the use by its pupils of social media, as defined, while the pupils are at a schoolsite or while the pupils are under the supervision and control of an employee or employees of that school district, county office of education, or charter school, as provided.This bill would require, instead of authorize, the adoption of a policy to limit or prohibit the use by its pupils of social media, as provided. By imposing additional duties on local educational agencies, the bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES
44
5- Amended IN Senate March 24, 2025
65
7-Amended IN Senate March 24, 2025
6+
7+
88
99 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION
1010
1111 Senate Bill
1212
1313 No. 771
1414
1515 Introduced by Senator SternFebruary 21, 2025
1616
1717 Introduced by Senator Stern
1818 February 21, 2025
1919
20-An act to amend Section 48901.8 of the Education Code, relating to pupils. An act to add Title 23 (commencing with Section 3273.72) to Part 4 of Division 3 of the Civil Code, relating to social media platforms.
20+ An act to amend Section 48901.8 of the Education Code, relating to pupils.
2121
2222 LEGISLATIVE COUNSEL'S DIGEST
2323
2424 ## LEGISLATIVE COUNSEL'S DIGEST
2525
26-SB 771, as amended, Stern. Pupils: use of social media. Personal rights: liability: social media platforms.
26+SB 771, as introduced, Stern. Pupils: use of social media.
2727
28-Existing law generally regulates social media platforms, including by requiring a social media company to post terms of service for each social media platform owned or operated by the company in a manner reasonably designed to inform all users of the social media platform of the existence and contents of the terms of service, as prescribed.Existing law generally prohibits a person from using violence or intimidation to interfere with another persons enjoyment of certain rights or because of certain attributes of that person, including the persons political affiliation, race, or sexual orientation, and punishes violations of that law with certain civil penalties or as misdemeanors, as prescribed. This bill would make a social media platform, as defined, that violates the above-referenced provisions of law relating to personal rights, including through its algorithms that relay content to users, or aids, abets, acts in concert, or conspires in violation of those laws, or is a joint tortfeasor in an action alleging a violation of those laws, liable for specified civil penalties. The bill would also make findings and declarations related to its provisions.Existing law authorizes the governing board of a school district, a county board of education, or the governing body of a charter school to adopt a policy to limit or prohibit the use by its pupils of social media, as defined, while the pupils are at a schoolsite or while the pupils are under the supervision and control of an employee or employees of that school district, county office of education, or charter school, as provided.This bill would require, instead of authorize, the adoption of a policy to limit or prohibit the use by its pupils of social media, as provided. By imposing additional duties on local educational agencies, the bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
29-
30-Existing law generally regulates social media platforms, including by requiring a social media company to post terms of service for each social media platform owned or operated by the company in a manner reasonably designed to inform all users of the social media platform of the existence and contents of the terms of service, as prescribed.
31-
32-Existing law generally prohibits a person from using violence or intimidation to interfere with another persons enjoyment of certain rights or because of certain attributes of that person, including the persons political affiliation, race, or sexual orientation, and punishes violations of that law with certain civil penalties or as misdemeanors, as prescribed.
33-
34- This bill would make a social media platform, as defined, that violates the above-referenced provisions of law relating to personal rights, including through its algorithms that relay content to users, or aids, abets, acts in concert, or conspires in violation of those laws, or is a joint tortfeasor in an action alleging a violation of those laws, liable for specified civil penalties. The bill would also make findings and declarations related to its provisions.
28+Existing law authorizes the governing board of a school district, a county board of education, or the governing body of a charter school to adopt a policy to limit or prohibit the use by its pupils of social media, as defined, while the pupils are at a schoolsite or while the pupils are under the supervision and control of an employee or employees of that school district, county office of education, or charter school, as provided.This bill would require, instead of authorize, the adoption of a policy to limit or prohibit the use by its pupils of social media, as provided. By imposing additional duties on local educational agencies, the bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
3529
3630 Existing law authorizes the governing board of a school district, a county board of education, or the governing body of a charter school to adopt a policy to limit or prohibit the use by its pupils of social media, as defined, while the pupils are at a schoolsite or while the pupils are under the supervision and control of an employee or employees of that school district, county office of education, or charter school, as provided.
3731
38-
39-
4032 This bill would require, instead of authorize, the adoption of a policy to limit or prohibit the use by its pupils of social media, as provided. By imposing additional duties on local educational agencies, the bill would impose a state-mandated local program.
41-
42-
4333
4434 The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
4535
46-
47-
4836 This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
49-
50-
5137
5238 ## Digest Key
5339
5440 ## Bill Text
5541
56-The people of the State of California do enact as follows:SECTION 1. Title 23 (commencing with Section 3273.72) is added to Part 4 of Division 3 of the Civil Code, to read:TITLE 23. Social Media Platforms Endangering Californians3273.72. The Legislature finds and declares all of the following:(a) In California, corporations, like natural people, do not have a right to participate, through aiding, abetting, or conspiring, in hate crimes directed at vulnerable California populations, which is made unlawful by Section 422.6 of the Penal Code, to intimidate or terrorize Californians because of their sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, sexual orientation, citizenship, primary language, or immigration status, which is made unlawful by Sections 51.7 and 51.9 of the Civil Code, or to interfere with the ability of those Californians to exercise their constitutional rights, which is made unlawful by Sections 52 and 52.1 of the Civil Code.(b) (1) Social media platforms failure to moderate content is a matter of life and death for minorities historically subject to discrimination.(2) According to a December 2024 report by the County of Los Angeles Commission on Human Relations, [h]ate crimes in which anti-immigrant slurs were used climbed 31% [...] the largest number ever recorded since we began tracking this phenomenon in 2007.(3) According to American University, when it comes to being bullied on social media, [a]mong the most victimized are people in the LGBTQ (lesbian, gay, bisexual, transgender, queer/questioning) community, especially teens and young adults. Anti-LGBTQ+ misinformation and inflammatory accusations of grooming have recently surged by over 400 percent across social media platforms, according to a recent report released by the Human Rights Campaign and the Center for Countering Digital Hate.(4) Antisemitic incidents are spiking dramatically and are at all-time highs, according to the Anti-Defamation League (ADL). More than 10,000 antisemitic incidents occurred between October 7, 2023, and September 2024, which is up from 3,325 incidents during the prior year. That marks the most incidents recorded in a 12-month period by the organization since it began tracking threats in 1979.(c) (1) Likewise, social media platforms have a documented record of accepting money from advertisements that plainly and violently threaten women and that clearly violate their own terms of service. In one 2023 study, a nonprofit placed advertisements that referred to women as prostitutes, psychopaths, or vermin, and called for them to be beaten and killed. Researchers recently said they detected a four-fold increase in the level of misogynistic content suggested by TikTok over a five-day period of monitoring as the algorithm served more extreme videos often focused on anger and blame directed at women.(2) Relatedly, as illustrated in such cases as Sindell v. Abbott Laboratories (1980) 26 Cal.3d 588, 604, California has adopted Prosser and Keaton on The Law of Torts (4th ed. 1971) Section 46, p. 292, which states that those who, in pursuance of a common plan or design to commit a tortious act, actively take part in it, or further it by cooperation or request, or who lend aid or encouragement to the wrongdoer, or ratify and adopt his acts done for their benefit, are equally liable with him. This principle of liability is reflected in Section 876 of the Restatement Second of Torts.(d) Moreover, as illustrated by such cases as Summers v. Tice (1948) 33 Cal.2d 80, it has long been the law in California that if a party cannot identify which of two or more defendants caused an injury, the burden of proof may shift to the defendants to show that they were not responsible for the harm. (Sindell v. Abbott Laboratories (1980) 26 Cal.3d 588, 598).(e) For all of these reasons, the Legislature declares it necessary in order to preserve the peace, welfare, and lives of its residents to clarify the applicability of current laws against hate crime, terrorism, and intimidation to social media platforms.3273.73. As used in this title, social media platform means a social media platform, as defined in Section 22675 of the Business and Professions Code, that generates more than one hundred million dollars ($100,000,000) per year in gross revenues.3273.74. (a) A social media platform that violates Section 31 or 422.6 of the Penal Code or Section 51.7, 51.9, 52, or 52.1 of the Civil Code, including through its algorithms that relay content to users, or aids, abets, acts in concert, or conspires in a violation of any of those sections, or is a joint tortfeasor in an action alleging a violation of any of those sections, shall, in addition to any other remedy, in an action brought pursuant to this section be liable for a civil penalty for each violation sufficient to deter future violations, but not to exceed the following:(1) For an intentional violation, an amount equal to three months of the gross revenue of the social media platform preceding the judgment.(2) For a knowing or willful violation, an amount equal to two months of the gross revenue of the platform preceding the judgment.(3) For a reckless violation, an amount equal to one month of the gross revenue of the platform preceding the judgment.(4) If the evidence demonstrates that the platform knew, or should have known, that the plaintiff was a minor, the court may award up to twice the penalties described in this subdivision.(b) (1) For purposes of this section, deploying an artificial intelligence or algorithm that relays content to users may be considered to be an act of the platform independent from the message of the content relayed.(2) A platform shall be deemed to have actual knowledge of the operations of its own artificial intelligence and algorithms, including how and under what circumstances its artificial intelligence and algorithms deliver content to some users but not to others.SEC. 2. (a) The provisions of this act are severable. If any provision of this act or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.(b) Any waiver of this act shall be void and unenforceable as contrary to public policy.SECTION 1.Section 48901.8 of the Education Code is amended to read:48901.8.(a)(1)The governing board of a school district, a county board of education, or the governing body of a charter school shall adopt a policy to limit or prohibit the use by its pupils of social media while the pupils are at a schoolsite or while the pupils are under the supervision and control of an employee or employees of that school district, county office of education, or charter school.(2)This section does not authorize monitoring, collecting, or otherwise accessing any information related to a pupils online activities.(b)For purposes of this section, social media means a social media platform as that term is defined in Section 22675 of the Business and Professions Code.SEC. 2.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
42+The people of the State of California do enact as follows:SECTION 1. Section 48901.8 of the Education Code is amended to read:48901.8. (a) (1) The governing board of a school district, a county board of education, or the governing body of a charter school may shall adopt a policy to limit or prohibit the use by its pupils of social media while the pupils are at a schoolsite or while the pupils are under the supervision and control of an employee or employees of that school district, county office of education, or charter school.(2) This section does not authorize monitoring, collecting, or otherwise accessing any information related to a pupils online activities.(b) For purposes of this section, social media means a social media platform as that term is defined in Section 22675 of the Business and Professions Code.SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
5743
5844 The people of the State of California do enact as follows:
5945
6046 ## The people of the State of California do enact as follows:
6147
62-SECTION 1. Title 23 (commencing with Section 3273.72) is added to Part 4 of Division 3 of the Civil Code, to read:TITLE 23. Social Media Platforms Endangering Californians3273.72. The Legislature finds and declares all of the following:(a) In California, corporations, like natural people, do not have a right to participate, through aiding, abetting, or conspiring, in hate crimes directed at vulnerable California populations, which is made unlawful by Section 422.6 of the Penal Code, to intimidate or terrorize Californians because of their sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, sexual orientation, citizenship, primary language, or immigration status, which is made unlawful by Sections 51.7 and 51.9 of the Civil Code, or to interfere with the ability of those Californians to exercise their constitutional rights, which is made unlawful by Sections 52 and 52.1 of the Civil Code.(b) (1) Social media platforms failure to moderate content is a matter of life and death for minorities historically subject to discrimination.(2) According to a December 2024 report by the County of Los Angeles Commission on Human Relations, [h]ate crimes in which anti-immigrant slurs were used climbed 31% [...] the largest number ever recorded since we began tracking this phenomenon in 2007.(3) According to American University, when it comes to being bullied on social media, [a]mong the most victimized are people in the LGBTQ (lesbian, gay, bisexual, transgender, queer/questioning) community, especially teens and young adults. Anti-LGBTQ+ misinformation and inflammatory accusations of grooming have recently surged by over 400 percent across social media platforms, according to a recent report released by the Human Rights Campaign and the Center for Countering Digital Hate.(4) Antisemitic incidents are spiking dramatically and are at all-time highs, according to the Anti-Defamation League (ADL). More than 10,000 antisemitic incidents occurred between October 7, 2023, and September 2024, which is up from 3,325 incidents during the prior year. That marks the most incidents recorded in a 12-month period by the organization since it began tracking threats in 1979.(c) (1) Likewise, social media platforms have a documented record of accepting money from advertisements that plainly and violently threaten women and that clearly violate their own terms of service. In one 2023 study, a nonprofit placed advertisements that referred to women as prostitutes, psychopaths, or vermin, and called for them to be beaten and killed. Researchers recently said they detected a four-fold increase in the level of misogynistic content suggested by TikTok over a five-day period of monitoring as the algorithm served more extreme videos often focused on anger and blame directed at women.(2) Relatedly, as illustrated in such cases as Sindell v. Abbott Laboratories (1980) 26 Cal.3d 588, 604, California has adopted Prosser and Keaton on The Law of Torts (4th ed. 1971) Section 46, p. 292, which states that those who, in pursuance of a common plan or design to commit a tortious act, actively take part in it, or further it by cooperation or request, or who lend aid or encouragement to the wrongdoer, or ratify and adopt his acts done for their benefit, are equally liable with him. This principle of liability is reflected in Section 876 of the Restatement Second of Torts.(d) Moreover, as illustrated by such cases as Summers v. Tice (1948) 33 Cal.2d 80, it has long been the law in California that if a party cannot identify which of two or more defendants caused an injury, the burden of proof may shift to the defendants to show that they were not responsible for the harm. (Sindell v. Abbott Laboratories (1980) 26 Cal.3d 588, 598).(e) For all of these reasons, the Legislature declares it necessary in order to preserve the peace, welfare, and lives of its residents to clarify the applicability of current laws against hate crime, terrorism, and intimidation to social media platforms.3273.73. As used in this title, social media platform means a social media platform, as defined in Section 22675 of the Business and Professions Code, that generates more than one hundred million dollars ($100,000,000) per year in gross revenues.3273.74. (a) A social media platform that violates Section 31 or 422.6 of the Penal Code or Section 51.7, 51.9, 52, or 52.1 of the Civil Code, including through its algorithms that relay content to users, or aids, abets, acts in concert, or conspires in a violation of any of those sections, or is a joint tortfeasor in an action alleging a violation of any of those sections, shall, in addition to any other remedy, in an action brought pursuant to this section be liable for a civil penalty for each violation sufficient to deter future violations, but not to exceed the following:(1) For an intentional violation, an amount equal to three months of the gross revenue of the social media platform preceding the judgment.(2) For a knowing or willful violation, an amount equal to two months of the gross revenue of the platform preceding the judgment.(3) For a reckless violation, an amount equal to one month of the gross revenue of the platform preceding the judgment.(4) If the evidence demonstrates that the platform knew, or should have known, that the plaintiff was a minor, the court may award up to twice the penalties described in this subdivision.(b) (1) For purposes of this section, deploying an artificial intelligence or algorithm that relays content to users may be considered to be an act of the platform independent from the message of the content relayed.(2) A platform shall be deemed to have actual knowledge of the operations of its own artificial intelligence and algorithms, including how and under what circumstances its artificial intelligence and algorithms deliver content to some users but not to others.
48+SECTION 1. Section 48901.8 of the Education Code is amended to read:48901.8. (a) (1) The governing board of a school district, a county board of education, or the governing body of a charter school may shall adopt a policy to limit or prohibit the use by its pupils of social media while the pupils are at a schoolsite or while the pupils are under the supervision and control of an employee or employees of that school district, county office of education, or charter school.(2) This section does not authorize monitoring, collecting, or otherwise accessing any information related to a pupils online activities.(b) For purposes of this section, social media means a social media platform as that term is defined in Section 22675 of the Business and Professions Code.
6349
64-SECTION 1. Title 23 (commencing with Section 3273.72) is added to Part 4 of Division 3 of the Civil Code, to read:
50+SECTION 1. Section 48901.8 of the Education Code is amended to read:
6551
6652 ### SECTION 1.
6753
68-TITLE 23. Social Media Platforms Endangering Californians3273.72. The Legislature finds and declares all of the following:(a) In California, corporations, like natural people, do not have a right to participate, through aiding, abetting, or conspiring, in hate crimes directed at vulnerable California populations, which is made unlawful by Section 422.6 of the Penal Code, to intimidate or terrorize Californians because of their sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, sexual orientation, citizenship, primary language, or immigration status, which is made unlawful by Sections 51.7 and 51.9 of the Civil Code, or to interfere with the ability of those Californians to exercise their constitutional rights, which is made unlawful by Sections 52 and 52.1 of the Civil Code.(b) (1) Social media platforms failure to moderate content is a matter of life and death for minorities historically subject to discrimination.(2) According to a December 2024 report by the County of Los Angeles Commission on Human Relations, [h]ate crimes in which anti-immigrant slurs were used climbed 31% [...] the largest number ever recorded since we began tracking this phenomenon in 2007.(3) According to American University, when it comes to being bullied on social media, [a]mong the most victimized are people in the LGBTQ (lesbian, gay, bisexual, transgender, queer/questioning) community, especially teens and young adults. Anti-LGBTQ+ misinformation and inflammatory accusations of grooming have recently surged by over 400 percent across social media platforms, according to a recent report released by the Human Rights Campaign and the Center for Countering Digital Hate.(4) Antisemitic incidents are spiking dramatically and are at all-time highs, according to the Anti-Defamation League (ADL). More than 10,000 antisemitic incidents occurred between October 7, 2023, and September 2024, which is up from 3,325 incidents during the prior year. That marks the most incidents recorded in a 12-month period by the organization since it began tracking threats in 1979.(c) (1) Likewise, social media platforms have a documented record of accepting money from advertisements that plainly and violently threaten women and that clearly violate their own terms of service. In one 2023 study, a nonprofit placed advertisements that referred to women as prostitutes, psychopaths, or vermin, and called for them to be beaten and killed. Researchers recently said they detected a four-fold increase in the level of misogynistic content suggested by TikTok over a five-day period of monitoring as the algorithm served more extreme videos often focused on anger and blame directed at women.(2) Relatedly, as illustrated in such cases as Sindell v. Abbott Laboratories (1980) 26 Cal.3d 588, 604, California has adopted Prosser and Keaton on The Law of Torts (4th ed. 1971) Section 46, p. 292, which states that those who, in pursuance of a common plan or design to commit a tortious act, actively take part in it, or further it by cooperation or request, or who lend aid or encouragement to the wrongdoer, or ratify and adopt his acts done for their benefit, are equally liable with him. This principle of liability is reflected in Section 876 of the Restatement Second of Torts.(d) Moreover, as illustrated by such cases as Summers v. Tice (1948) 33 Cal.2d 80, it has long been the law in California that if a party cannot identify which of two or more defendants caused an injury, the burden of proof may shift to the defendants to show that they were not responsible for the harm. (Sindell v. Abbott Laboratories (1980) 26 Cal.3d 588, 598).(e) For all of these reasons, the Legislature declares it necessary in order to preserve the peace, welfare, and lives of its residents to clarify the applicability of current laws against hate crime, terrorism, and intimidation to social media platforms.3273.73. As used in this title, social media platform means a social media platform, as defined in Section 22675 of the Business and Professions Code, that generates more than one hundred million dollars ($100,000,000) per year in gross revenues.3273.74. (a) A social media platform that violates Section 31 or 422.6 of the Penal Code or Section 51.7, 51.9, 52, or 52.1 of the Civil Code, including through its algorithms that relay content to users, or aids, abets, acts in concert, or conspires in a violation of any of those sections, or is a joint tortfeasor in an action alleging a violation of any of those sections, shall, in addition to any other remedy, in an action brought pursuant to this section be liable for a civil penalty for each violation sufficient to deter future violations, but not to exceed the following:(1) For an intentional violation, an amount equal to three months of the gross revenue of the social media platform preceding the judgment.(2) For a knowing or willful violation, an amount equal to two months of the gross revenue of the platform preceding the judgment.(3) For a reckless violation, an amount equal to one month of the gross revenue of the platform preceding the judgment.(4) If the evidence demonstrates that the platform knew, or should have known, that the plaintiff was a minor, the court may award up to twice the penalties described in this subdivision.(b) (1) For purposes of this section, deploying an artificial intelligence or algorithm that relays content to users may be considered to be an act of the platform independent from the message of the content relayed.(2) A platform shall be deemed to have actual knowledge of the operations of its own artificial intelligence and algorithms, including how and under what circumstances its artificial intelligence and algorithms deliver content to some users but not to others.
54+48901.8. (a) (1) The governing board of a school district, a county board of education, or the governing body of a charter school may shall adopt a policy to limit or prohibit the use by its pupils of social media while the pupils are at a schoolsite or while the pupils are under the supervision and control of an employee or employees of that school district, county office of education, or charter school.(2) This section does not authorize monitoring, collecting, or otherwise accessing any information related to a pupils online activities.(b) For purposes of this section, social media means a social media platform as that term is defined in Section 22675 of the Business and Professions Code.
6955
70-TITLE 23. Social Media Platforms Endangering Californians3273.72. The Legislature finds and declares all of the following:(a) In California, corporations, like natural people, do not have a right to participate, through aiding, abetting, or conspiring, in hate crimes directed at vulnerable California populations, which is made unlawful by Section 422.6 of the Penal Code, to intimidate or terrorize Californians because of their sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, sexual orientation, citizenship, primary language, or immigration status, which is made unlawful by Sections 51.7 and 51.9 of the Civil Code, or to interfere with the ability of those Californians to exercise their constitutional rights, which is made unlawful by Sections 52 and 52.1 of the Civil Code.(b) (1) Social media platforms failure to moderate content is a matter of life and death for minorities historically subject to discrimination.(2) According to a December 2024 report by the County of Los Angeles Commission on Human Relations, [h]ate crimes in which anti-immigrant slurs were used climbed 31% [...] the largest number ever recorded since we began tracking this phenomenon in 2007.(3) According to American University, when it comes to being bullied on social media, [a]mong the most victimized are people in the LGBTQ (lesbian, gay, bisexual, transgender, queer/questioning) community, especially teens and young adults. Anti-LGBTQ+ misinformation and inflammatory accusations of grooming have recently surged by over 400 percent across social media platforms, according to a recent report released by the Human Rights Campaign and the Center for Countering Digital Hate.(4) Antisemitic incidents are spiking dramatically and are at all-time highs, according to the Anti-Defamation League (ADL). More than 10,000 antisemitic incidents occurred between October 7, 2023, and September 2024, which is up from 3,325 incidents during the prior year. That marks the most incidents recorded in a 12-month period by the organization since it began tracking threats in 1979.(c) (1) Likewise, social media platforms have a documented record of accepting money from advertisements that plainly and violently threaten women and that clearly violate their own terms of service. In one 2023 study, a nonprofit placed advertisements that referred to women as prostitutes, psychopaths, or vermin, and called for them to be beaten and killed. Researchers recently said they detected a four-fold increase in the level of misogynistic content suggested by TikTok over a five-day period of monitoring as the algorithm served more extreme videos often focused on anger and blame directed at women.(2) Relatedly, as illustrated in such cases as Sindell v. Abbott Laboratories (1980) 26 Cal.3d 588, 604, California has adopted Prosser and Keaton on The Law of Torts (4th ed. 1971) Section 46, p. 292, which states that those who, in pursuance of a common plan or design to commit a tortious act, actively take part in it, or further it by cooperation or request, or who lend aid or encouragement to the wrongdoer, or ratify and adopt his acts done for their benefit, are equally liable with him. This principle of liability is reflected in Section 876 of the Restatement Second of Torts.(d) Moreover, as illustrated by such cases as Summers v. Tice (1948) 33 Cal.2d 80, it has long been the law in California that if a party cannot identify which of two or more defendants caused an injury, the burden of proof may shift to the defendants to show that they were not responsible for the harm. (Sindell v. Abbott Laboratories (1980) 26 Cal.3d 588, 598).(e) For all of these reasons, the Legislature declares it necessary in order to preserve the peace, welfare, and lives of its residents to clarify the applicability of current laws against hate crime, terrorism, and intimidation to social media platforms.3273.73. As used in this title, social media platform means a social media platform, as defined in Section 22675 of the Business and Professions Code, that generates more than one hundred million dollars ($100,000,000) per year in gross revenues.3273.74. (a) A social media platform that violates Section 31 or 422.6 of the Penal Code or Section 51.7, 51.9, 52, or 52.1 of the Civil Code, including through its algorithms that relay content to users, or aids, abets, acts in concert, or conspires in a violation of any of those sections, or is a joint tortfeasor in an action alleging a violation of any of those sections, shall, in addition to any other remedy, in an action brought pursuant to this section be liable for a civil penalty for each violation sufficient to deter future violations, but not to exceed the following:(1) For an intentional violation, an amount equal to three months of the gross revenue of the social media platform preceding the judgment.(2) For a knowing or willful violation, an amount equal to two months of the gross revenue of the platform preceding the judgment.(3) For a reckless violation, an amount equal to one month of the gross revenue of the platform preceding the judgment.(4) If the evidence demonstrates that the platform knew, or should have known, that the plaintiff was a minor, the court may award up to twice the penalties described in this subdivision.(b) (1) For purposes of this section, deploying an artificial intelligence or algorithm that relays content to users may be considered to be an act of the platform independent from the message of the content relayed.(2) A platform shall be deemed to have actual knowledge of the operations of its own artificial intelligence and algorithms, including how and under what circumstances its artificial intelligence and algorithms deliver content to some users but not to others.
56+48901.8. (a) (1) The governing board of a school district, a county board of education, or the governing body of a charter school may shall adopt a policy to limit or prohibit the use by its pupils of social media while the pupils are at a schoolsite or while the pupils are under the supervision and control of an employee or employees of that school district, county office of education, or charter school.(2) This section does not authorize monitoring, collecting, or otherwise accessing any information related to a pupils online activities.(b) For purposes of this section, social media means a social media platform as that term is defined in Section 22675 of the Business and Professions Code.
7157
72-TITLE 23. Social Media Platforms Endangering Californians
73-
74-TITLE 23. Social Media Platforms Endangering Californians
75-
76-3273.72. The Legislature finds and declares all of the following:(a) In California, corporations, like natural people, do not have a right to participate, through aiding, abetting, or conspiring, in hate crimes directed at vulnerable California populations, which is made unlawful by Section 422.6 of the Penal Code, to intimidate or terrorize Californians because of their sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, sexual orientation, citizenship, primary language, or immigration status, which is made unlawful by Sections 51.7 and 51.9 of the Civil Code, or to interfere with the ability of those Californians to exercise their constitutional rights, which is made unlawful by Sections 52 and 52.1 of the Civil Code.(b) (1) Social media platforms failure to moderate content is a matter of life and death for minorities historically subject to discrimination.(2) According to a December 2024 report by the County of Los Angeles Commission on Human Relations, [h]ate crimes in which anti-immigrant slurs were used climbed 31% [...] the largest number ever recorded since we began tracking this phenomenon in 2007.(3) According to American University, when it comes to being bullied on social media, [a]mong the most victimized are people in the LGBTQ (lesbian, gay, bisexual, transgender, queer/questioning) community, especially teens and young adults. Anti-LGBTQ+ misinformation and inflammatory accusations of grooming have recently surged by over 400 percent across social media platforms, according to a recent report released by the Human Rights Campaign and the Center for Countering Digital Hate.(4) Antisemitic incidents are spiking dramatically and are at all-time highs, according to the Anti-Defamation League (ADL). More than 10,000 antisemitic incidents occurred between October 7, 2023, and September 2024, which is up from 3,325 incidents during the prior year. That marks the most incidents recorded in a 12-month period by the organization since it began tracking threats in 1979.(c) (1) Likewise, social media platforms have a documented record of accepting money from advertisements that plainly and violently threaten women and that clearly violate their own terms of service. In one 2023 study, a nonprofit placed advertisements that referred to women as prostitutes, psychopaths, or vermin, and called for them to be beaten and killed. Researchers recently said they detected a four-fold increase in the level of misogynistic content suggested by TikTok over a five-day period of monitoring as the algorithm served more extreme videos often focused on anger and blame directed at women.(2) Relatedly, as illustrated in such cases as Sindell v. Abbott Laboratories (1980) 26 Cal.3d 588, 604, California has adopted Prosser and Keaton on The Law of Torts (4th ed. 1971) Section 46, p. 292, which states that those who, in pursuance of a common plan or design to commit a tortious act, actively take part in it, or further it by cooperation or request, or who lend aid or encouragement to the wrongdoer, or ratify and adopt his acts done for their benefit, are equally liable with him. This principle of liability is reflected in Section 876 of the Restatement Second of Torts.(d) Moreover, as illustrated by such cases as Summers v. Tice (1948) 33 Cal.2d 80, it has long been the law in California that if a party cannot identify which of two or more defendants caused an injury, the burden of proof may shift to the defendants to show that they were not responsible for the harm. (Sindell v. Abbott Laboratories (1980) 26 Cal.3d 588, 598).(e) For all of these reasons, the Legislature declares it necessary in order to preserve the peace, welfare, and lives of its residents to clarify the applicability of current laws against hate crime, terrorism, and intimidation to social media platforms.
58+48901.8. (a) (1) The governing board of a school district, a county board of education, or the governing body of a charter school may shall adopt a policy to limit or prohibit the use by its pupils of social media while the pupils are at a schoolsite or while the pupils are under the supervision and control of an employee or employees of that school district, county office of education, or charter school.(2) This section does not authorize monitoring, collecting, or otherwise accessing any information related to a pupils online activities.(b) For purposes of this section, social media means a social media platform as that term is defined in Section 22675 of the Business and Professions Code.
7759
7860
7961
80-3273.72. The Legislature finds and declares all of the following:
81-
82-(a) In California, corporations, like natural people, do not have a right to participate, through aiding, abetting, or conspiring, in hate crimes directed at vulnerable California populations, which is made unlawful by Section 422.6 of the Penal Code, to intimidate or terrorize Californians because of their sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, sexual orientation, citizenship, primary language, or immigration status, which is made unlawful by Sections 51.7 and 51.9 of the Civil Code, or to interfere with the ability of those Californians to exercise their constitutional rights, which is made unlawful by Sections 52 and 52.1 of the Civil Code.
83-
84-(b) (1) Social media platforms failure to moderate content is a matter of life and death for minorities historically subject to discrimination.
85-
86-(2) According to a December 2024 report by the County of Los Angeles Commission on Human Relations, [h]ate crimes in which anti-immigrant slurs were used climbed 31% [...] the largest number ever recorded since we began tracking this phenomenon in 2007.
87-
88-(3) According to American University, when it comes to being bullied on social media, [a]mong the most victimized are people in the LGBTQ (lesbian, gay, bisexual, transgender, queer/questioning) community, especially teens and young adults. Anti-LGBTQ+ misinformation and inflammatory accusations of grooming have recently surged by over 400 percent across social media platforms, according to a recent report released by the Human Rights Campaign and the Center for Countering Digital Hate.
89-
90-(4) Antisemitic incidents are spiking dramatically and are at all-time highs, according to the Anti-Defamation League (ADL). More than 10,000 antisemitic incidents occurred between October 7, 2023, and September 2024, which is up from 3,325 incidents during the prior year. That marks the most incidents recorded in a 12-month period by the organization since it began tracking threats in 1979.
91-
92-(c) (1) Likewise, social media platforms have a documented record of accepting money from advertisements that plainly and violently threaten women and that clearly violate their own terms of service. In one 2023 study, a nonprofit placed advertisements that referred to women as prostitutes, psychopaths, or vermin, and called for them to be beaten and killed. Researchers recently said they detected a four-fold increase in the level of misogynistic content suggested by TikTok over a five-day period of monitoring as the algorithm served more extreme videos often focused on anger and blame directed at women.
93-
94-(2) Relatedly, as illustrated in such cases as Sindell v. Abbott Laboratories (1980) 26 Cal.3d 588, 604, California has adopted Prosser and Keaton on The Law of Torts (4th ed. 1971) Section 46, p. 292, which states that those who, in pursuance of a common plan or design to commit a tortious act, actively take part in it, or further it by cooperation or request, or who lend aid or encouragement to the wrongdoer, or ratify and adopt his acts done for their benefit, are equally liable with him. This principle of liability is reflected in Section 876 of the Restatement Second of Torts.
95-
96-(d) Moreover, as illustrated by such cases as Summers v. Tice (1948) 33 Cal.2d 80, it has long been the law in California that if a party cannot identify which of two or more defendants caused an injury, the burden of proof may shift to the defendants to show that they were not responsible for the harm. (Sindell v. Abbott Laboratories (1980) 26 Cal.3d 588, 598).
97-
98-(e) For all of these reasons, the Legislature declares it necessary in order to preserve the peace, welfare, and lives of its residents to clarify the applicability of current laws against hate crime, terrorism, and intimidation to social media platforms.
99-
100-3273.73. As used in this title, social media platform means a social media platform, as defined in Section 22675 of the Business and Professions Code, that generates more than one hundred million dollars ($100,000,000) per year in gross revenues.
101-
102-
103-
104-3273.73. As used in this title, social media platform means a social media platform, as defined in Section 22675 of the Business and Professions Code, that generates more than one hundred million dollars ($100,000,000) per year in gross revenues.
105-
106-3273.74. (a) A social media platform that violates Section 31 or 422.6 of the Penal Code or Section 51.7, 51.9, 52, or 52.1 of the Civil Code, including through its algorithms that relay content to users, or aids, abets, acts in concert, or conspires in a violation of any of those sections, or is a joint tortfeasor in an action alleging a violation of any of those sections, shall, in addition to any other remedy, in an action brought pursuant to this section be liable for a civil penalty for each violation sufficient to deter future violations, but not to exceed the following:(1) For an intentional violation, an amount equal to three months of the gross revenue of the social media platform preceding the judgment.(2) For a knowing or willful violation, an amount equal to two months of the gross revenue of the platform preceding the judgment.(3) For a reckless violation, an amount equal to one month of the gross revenue of the platform preceding the judgment.(4) If the evidence demonstrates that the platform knew, or should have known, that the plaintiff was a minor, the court may award up to twice the penalties described in this subdivision.(b) (1) For purposes of this section, deploying an artificial intelligence or algorithm that relays content to users may be considered to be an act of the platform independent from the message of the content relayed.(2) A platform shall be deemed to have actual knowledge of the operations of its own artificial intelligence and algorithms, including how and under what circumstances its artificial intelligence and algorithms deliver content to some users but not to others.
107-
108-
109-
110-3273.74. (a) A social media platform that violates Section 31 or 422.6 of the Penal Code or Section 51.7, 51.9, 52, or 52.1 of the Civil Code, including through its algorithms that relay content to users, or aids, abets, acts in concert, or conspires in a violation of any of those sections, or is a joint tortfeasor in an action alleging a violation of any of those sections, shall, in addition to any other remedy, in an action brought pursuant to this section be liable for a civil penalty for each violation sufficient to deter future violations, but not to exceed the following:
111-
112-(1) For an intentional violation, an amount equal to three months of the gross revenue of the social media platform preceding the judgment.
113-
114-(2) For a knowing or willful violation, an amount equal to two months of the gross revenue of the platform preceding the judgment.
115-
116-(3) For a reckless violation, an amount equal to one month of the gross revenue of the platform preceding the judgment.
117-
118-(4) If the evidence demonstrates that the platform knew, or should have known, that the plaintiff was a minor, the court may award up to twice the penalties described in this subdivision.
119-
120-(b) (1) For purposes of this section, deploying an artificial intelligence or algorithm that relays content to users may be considered to be an act of the platform independent from the message of the content relayed.
121-
122-(2) A platform shall be deemed to have actual knowledge of the operations of its own artificial intelligence and algorithms, including how and under what circumstances its artificial intelligence and algorithms deliver content to some users but not to others.
123-
124-SEC. 2. (a) The provisions of this act are severable. If any provision of this act or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.(b) Any waiver of this act shall be void and unenforceable as contrary to public policy.
125-
126-SEC. 2. (a) The provisions of this act are severable. If any provision of this act or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.(b) Any waiver of this act shall be void and unenforceable as contrary to public policy.
127-
128-SEC. 2. (a) The provisions of this act are severable. If any provision of this act or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.
129-
130-### SEC. 2.
131-
132-(b) Any waiver of this act shall be void and unenforceable as contrary to public policy.
133-
134-
135-
136-
137-
138-(a)(1)The governing board of a school district, a county board of education, or the governing body of a charter school shall adopt a policy to limit or prohibit the use by its pupils of social media while the pupils are at a schoolsite or while the pupils are under the supervision and control of an employee or employees of that school district, county office of education, or charter school.
139-
140-
62+48901.8. (a) (1) The governing board of a school district, a county board of education, or the governing body of a charter school may shall adopt a policy to limit or prohibit the use by its pupils of social media while the pupils are at a schoolsite or while the pupils are under the supervision and control of an employee or employees of that school district, county office of education, or charter school.
14163
14264 (2) This section does not authorize monitoring, collecting, or otherwise accessing any information related to a pupils online activities.
14365
144-
145-
14666 (b) For purposes of this section, social media means a social media platform as that term is defined in Section 22675 of the Business and Professions Code.
14767
68+SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
14869
70+SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
14971
72+SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
15073
151-
152-If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
74+### SEC. 2.