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SB-60 Social media platforms: controlled substances: order to remove.(2023-2024)

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Date Published: 10/12/2023 02:00 PM
SB60:v94#DOCUMENT

Senate Bill No. 60
CHAPTER 698

An act to add Section 22945.5 to the Business and Professions Code, relating to social media platforms.

[ Approved by Governor  October 10, 2023. Filed with Secretary of State  October 10, 2023. ]

LEGISLATIVE COUNSEL'S DIGEST


SB 60, Umberg. Social media platforms: controlled substances: order to remove.
Existing law, until January 1, 2028, and subject to specified exceptions, requires a social media platform, as defined, that operates in the state to create and publicly post a policy statement that includes, among other things, the social media platform’s policy on the use of the social media platform to illegally distribute a controlled substance, as defined, and a link to the social media platform’s reporting mechanism for illegal or harmful content or behavior if one exists.
Existing law requires a social media platform with 1,000,000 or more discrete monthly users to clearly and conspicuously state whether it has a mechanism for reporting violent posts, as defined, that is available to users and nonusers of the platform. Existing law authorizes a person who is the target of a violent post, or reasonably believes the person is the target of a violent post, to seek an order requiring the social media platform to remove the violent post and any related violent post the court determines shall be removed in the interests of justice, as prescribed.
This bill would authorize a person to seek an order requiring a social media platform to remove content that includes an offer to transport, import into this state, sell, furnish, administer, or give away a controlled substance in violation of specified law, as prescribed.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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


SECTION 1.

 Section 22945.5 is added to the Business and Professions Code, immediately following Section 22945, to read:

22945.5.
 (a) (1) A person may seek an order requiring a social media platform to remove content that includes an offer to transport, import into this state, sell, furnish, administer, or give away a controlled substance in violation of Section 11352 of the Health and Safety Code.
(2) (A) If the social media platform has a reporting mechanism described in paragraph (4) of subdivision (b) of Section 22945, a person shall not bring an action pursuant to paragraph (1) until the person has notified the social media platform of the content and requested that it be removed through the reporting mechanism.
(B) A person may bring an action pursuant to paragraph (1) before 48 hours have passed since providing notice to a social media platform through the reporting mechanism, but the court shall not rule on the request for an order until 48 hours have passed from the provision of notice.
(C) The court may dismiss an action if the social media platform deletes the content relevant to the order sought pursuant to paragraph (1) before 48 hours have passed from the provision of notice under subparagraph (A).
(3) If the social media platform does not have a reporting mechanism described in paragraph (4) of subdivision (b) of Section 22945, a person may bring an action under paragraph (1), and a court may rule on the request for an order, at any time.
(b) (1) A court shall award court costs and reasonable attorney’s fees to a prevailing plaintiff in an action brought pursuant to this section.
(2) Reasonable attorney’s fees may be awarded to a prevailing defendant upon a finding by the court that the plaintiff’s prosecution of the action was not in good faith.