48.6.
(a) In any civil action arising from the distribution of false, misleading, deceptive, or unlawful material by a platform, a platform shall not be liable for monetary relief, including attorney’s fees and costs, for the distribution of false, misleading, deceptive, or unlawful material, if the platform meets all of the following conditions:(1) Does not have actual knowledge that the material is false, misleading, deceptive, or unlawful.
(2) Is unaware of facts or circumstances that would make the false, misleading, deceptive, or unlawful nature of the material apparent to the platform.
(3) Upon obtaining actual knowledge or awareness, acts expeditiously to remove, or disable access to, the material.
(4) Upon written notification of a claim that the platform is distributing false, misleading, unlawful, or defamatory material, the platform responds expeditiously to remove or disable access to that material.
(b) (1) The written notification described in paragraph (4) of subdivision (a) shall be served on the social media internet website’s designated agent and shall substantially include all of the following:
(A) A physical or electronic signature of the complaining party, or the person authorized to act on behalf of the complaining party.
(B) Identification of the material the complaining party claims is false, misleading, deceptive, or unlawful.
(C) Information reasonably sufficient to permit the platform to locate the material.
(D) Information reasonably sufficient to permit the platform to contact the complaining party, including the complaining party’s name, address, telephone number, and electronic mail address.
(E) A statement that the complaining party has a good faith belief that the material complained about is false, misleading, deceptive, or unlawful, and facts supporting the complaining party’s good faith belief.
(2) A person who knowingly and materially misrepresents that material is false, misleading, deceptive, or unlawful to a platform pursuant to this subdivision shall be liable for damages, including attorney’s fees and costs, incurred by the user that posted the material and incurred by the platform in relation to a civil action arising from the platform’s reliance on that misrepresentation in removing or disabling access to the material.
(c) (1) Subject to paragraph (2), a platform shall not be liable in any action arising from the platform’s decision to disable access to or remove material if the decision is based on the platform’s good faith belief that the material is false, misleading, deceptive, or unlawful, or is based on facts or circumstances from which the false, misleading, deceptive, or unlawful nature of the material is apparent. The protections of this paragraph apply regardless of a court’s determination on whether the material is false, misleading, deceptive, or unlawful.
(2) The protections of paragraph (1) shall not apply to material that is the subject of any notification provided pursuant to paragraph (1) of subdivision (b) unless the platform fulfills all of the following conditions:
(A) Takes reasonable steps to promptly notify the user that posted the material that the platform has removed or disabled access to the material.
(B) Upon receipt of a counter notification, as described in paragraph (3), from a user that posted the material, promptly provides the complaining party with a copy of the counter notification and, if the social media internet website determines the complaining party knowingly misrepresented the material to be false, misleading, deceptive, or unlawful, informs the complaining party that the platform will repost the removed material or reenable access to the material within seven business days.
(C) Reposts the removed material or reenables access to it within seven business days following receipt of the counter notification, unless the platform’s designated agent first receives notice from the complaining party that the complaining party has filed a civil action alleging the material is false, misleading, deceptive, or unlawful.
(3) A counter notification shall be a written communication that is served on the platform’s designated agent and that substantially includes all of the following:
(A) A physical or electronic signature of the user that posted the material at issue.
(B) Identification of the material that has been removed or to which access has been disabled.
(C) The location where the material appeared prior to the platform removing or disabling access to the material.
(D) A statement under penalty of perjury that the user has a good faith belief that the material was removed or disabled as a result of a complaining party who knowingly misrepresented the material as false, misleading, deceptive, or unlawful, and facts supporting the user’s good faith belief.
(E) The user’s name, address, telephone number, and electronic mail address.
(d) This section shall not apply to a platform unless it adopts and implements, and informs its users of, a policy that provides for the termination of user accounts that repeatedly distribute false, misleading, deceptive, or unlawful material.
(e) For purposes of this section, all of the following definitions apply:
(1) “Complaining party” means a person making a claim pursuant to subdivision (b) that material is false, misleading, deceptive, or unlawful.
(2) “Material,” when used as a noun, means an advertisement for goods or services for which the platform receives a financial benefit in exchange for the distribution of that material.
(3) “Platform” means any internet website or electronic or digital networking service or account that provides for the posting, display, or exchange of information, including, but not limited to, social media internet websites or other internet websites featuring videos or still photographs, blogs, video blogs, podcasts, instant and text messages, email, online services or accounts, or internet website profiles or locations.
(4) “User” means an individual, corporation, organization, association, business trust, partnership, limited liability company, or any affiliate thereof, that resides or conducts business in the state and that has a unique profile on a social media internet website subject to this section.