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AB-613 Social media: retouched images: disclosure.(2021-2022)

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Date Published: 03/24/2021 09:00 PM
AB613:v98#DOCUMENT

Amended  IN  Assembly  March 24, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 613


Introduced by Assembly Member Cristina Garcia

February 12, 2021


An act to add Chapter 7 (commencing with Section 17950) to Part 3 of Division 7 of the Business and Professions Code, relating to social media.. media.


LEGISLATIVE COUNSEL'S DIGEST


AB 613, as amended, Cristina Garcia. Social media: retouched images: disclosure.
Existing law regulates various businesses to, among other things, preserve and regulate competition, prohibit unfair trade practices, and regulate advertising.
This bill would require social media platforms, as defined, or users or advertisers posting on a social media platform, to place text or marking within or adjacent to retouched images that have been posted on the platform for promotional or commercial purposes, and specify how that retouched image was altered. The bill would define retouched image to mean a depiction of a real person, living or deceased, that has had their bodily appearance altered to narrow or thicken their figure or remove marks or blemishes on their skin.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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


SECTION 1.

 Chapter 7 (commencing with Section 17950) is added to Part 3 of Division 7 of the Business and Professions Code, to read:
CHAPTER  7. Retouched Promotional Images

17950.
 For purposes of this chapter:
(a) “Retouched image” means a depiction of a real person, living or deceased, that has had their bodily appearance altered to narrow or thicken their figure or remove marks or blemishes on their skin.
(b) (1) “Social media platform” means an online service, application, or website that is open and accessible to the public where users communicate and share media, including, but not limited to, pictures, videos, music, and blogs, with other users. internet-based service 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 that allows individuals to do all of the following:
(A) Construct a public or semipublic profile within a bounded system created by the service.
(B) Create a list of other users with whom an individual shares a connection within the system.
(C) View and navigate a list of the individual’s connections and the connections made by other individuals within the system.
(2) “Social media platform” does not include either of the following:
(A) Electronic mail.
(B) A comment section on a digital news internet website.
(c) “Tag” means text or a distinct marking within or adjacent to a picture or other form of media that is in a contrasting type, font, or color to the surrounding or adjacent media, or otherwise clearly set off from the surrounding or adjacent media.

17951.
 (a) (1) A social media platform shall place a tag on a retouched image that has been posted on the social media platform for promotional or commercial purposes.
(2) A user or an advertiser shall place a tag on a retouched image that they post, or authorize another user to post, on a social media platform for promotional or commercial purposes.
(b) A tag placed pursuant to subdivision (a) shall specify the manner in which the retouched image has been altered from the original depiction of a real person.