Amended  IN  Senate  July 14, 2020
Amended  IN  Assembly  May 28, 2020
Amended  IN  Assembly  May 04, 2020

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 2442

Introduced by Assembly Member Chau

February 19, 2020

An act to add Chapter 22.4 (commencing with Section 22595) to Division 8 of the Business and Professions Code, relating to false information.


LEGISLATIVE COUNSEL'S DIGEST


AB 2442, as amended, Chau. Social media platforms: false information.
Existing law prohibits a person, among others, from making or disseminating in any advertising device, or in any manner or means whatever, including over the internet, any statement concerning real or personal property or services that is untrue or misleading, as specified. Existing law defines libel as a false and unprivileged publication, including by writing, printing, or picture, that exposes any person to hatred, contempt, and ridicule, among other things.
This bill would require a person that operates a social media platform platform, as defined, to disclose whether or not that social media platform has a policy or mechanism in place to address the spread of misinformation, as specified. The bill would require the disclosure to be made easily accessible on the social media platform’s website and mobile application. The bill would provide 30 days to cure a violation of its provisions. The bill would authorize only the Attorney General to enforce violations of its provisions and would subject a person to a civil penalty of $1,000 for each day the person is in violation of the bill’s provisions. The bill would require those penalty moneys to be deposited into the Public Rights Law Enforcement Special Fund.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Chapter 22.4 (commencing with Section 22595) is added to Division 8 of the Business and Professions Code, to read:
CHAPTER  22.4. False Information

22595.
 (a) A person that operates a social media platform shall disclose whether or not that social media platform has a policy or mechanism in place to address the spread of misinformation with respect to, at a minimum, all of the following:

(1)Intentionally misleading or inaccurate content purported as fact.

(2)Coordinated and deceptive promotion or suppression of information.

(1) Reducing the spread of misinformation that contributes to the risk of imminent violence or physical harm.
(2) Reducing the spread of harmful, verifiably inauthentic content.
(3) Practices intended to materially deceptively and substantially manipulate or disrupt the behavior of users on the social media platform.
(b) A person that operates a social media platform shall conspicuously make the disclosure required by subdivision (a) in both of the following ways: easily accessible on the social media platform’s internet website and mobile application.

(1)Upon initiation of use, or upon registration required for use, of the social media platform.

(2)In the terms of service maintained, and made publicly available on the social media platform, by the person.

(c) (1) A person that operates a social media platform shall be in violation of this section if the person, within 30 days of being notified of noncompliance in writing by any person of noncompliance, fails the Attorney General, fails to comply with the provisions of this section.
(2) (A) A person shall be subject to a civil penalty of one thousand dollars ($1,000) per day for each day that person is in violation of this section.
(B) Moneys collected pursuant to this paragraph shall be deposited into the Public Rights Law Enforcement Special Fund, established pursuant to Section 12530 of the Government Code.
(3) The Attorney General shall have exclusive authority to enforce this title by bringing an action in the name of the people of the State of California.
(d) For purposes of this section:
(1) “Person” means a natural person or a legal entity.
(2) (A) “Social media platform” means an internet platform through which users develop a persistent virtual network or community comprised of other users for the purpose of sharing information, ideas, news reports, and other content. internet-based service that generated at least five hundred million dollars ($500,000,000) in gross revenue during the preceding calendar year and allows individuals to do all of the following:
(i) Construct a public or semipublic profile within a bounded system created by the service.
(ii) Create a list of other users with whom an individual shares a connection within the system.
(iii) View and navigate a list of the individual’s connections and the connections made by other individuals within the system.
(B) “Social media platform” does not include electronic mail.