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AB-2442 Social media platforms: false information.(2019-2020)

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Date Published: 05/28/2020 09:00 PM
AB2442:v97#DOCUMENT

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 Title 14.5 (commencing with Section 3085) to Part 4 of Division 3 of the Civil Code, 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 to disclose whether or not that social media platform has a policy to address the spread of misinformation, as specified. The bill would provide 30 days to cure a violation of its provisions.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   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 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.
(3) Practices intended to materially 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:
(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) A person that operates a social media platform shall be in violation of this section if the person, within 30 days of being notified in writing by any person of noncompliance, fails to comply with the provisions of this section.
(d) For purposes of this section:
(1) “Person” means a natural person or a legal entity.
(2) “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.

SECTION 1.Title 14.5 (commencing with Section 3085) is added to Part 4 of Division 3 of the Civil Code, to read:
14.5.False Information
3085.

(a)A person that operates a social media platform shall disclose whether or not that social media platform has a policy 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.

(3)Practices intended to materially 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:

(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)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, fails to comply with the provisions of this section in any of the following ways:

(1)Knowingly and willfully.

(2)Negligently and materially.

(3)Repeatedly and excessively.

(d)For purposes of this section:

(1)“Person” means a natural person or a legal entity.

(2)“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.