For purposes of this chapter:
(a)Copy CA Business and Professions Code § 22588.2(a)
(1)Copy CA Business and Professions Code § 22588.2(a)(1) “Content” means statements or comments made by users and media, including audio, pictures, video, and text, that are created, posted, shared, or otherwise interacted with by users on an internet-based service or application.
(2)CA Business and Professions Code § 22588.2(a)(2) “Content” does not include media put on a service or application exclusively for the purpose of cloud storage, transmitting files, or file collaboration.
(b)CA Business and Professions Code § 22588.2(b) “Cyberbullying” means any severe or pervasive conduct made by an electronic act or acts, as defined in paragraph (2) of subdivision
(r) of Section 48900 of the Education Code and Section 22589, committed by a person directed toward another person that has or can be reasonably predicted to have the effect of one or more of the following:
(1)CA Business and Professions Code § 22588.2(b)(1) Placing a reasonable person in fear of bodily harm or harm to that person’s property.
(2)CA Business and Professions Code § 22588.2(b)(2) Causing a reasonable person to experience a substantially detrimental effect on the person’s physical or mental health.
(3)CA Business and Professions Code § 22588.2(b)(3) Causing a reasonable person to experience substantial interference with the person’s academic performance.
(4)CA Business and Professions Code § 22588.2(b)(4) Causing a reasonable person to experience substantial interference with the person’s ability to participate in or benefit from the
services, activities, or privileges provided by a school.
(c)Copy CA Business and Professions Code § 22588.2(c)
(1)Copy CA Business and Professions Code § 22588.2(c)(1) “Large social media platform” means a social media platform that meets all of the following criteria:
(A)CA Business and Professions Code § 22588.2(c)(1)(A) The social media platform’s terms of service do not prohibit the use of the social media platform by a child.
(B)CA Business and Professions Code § 22588.2(c)(1)(B) The social media platform includes features that enable a child to share images, text, or video through the internet with other users of the social media platform whom the child has met, identified, or become aware of solely through the use of the social media platform.
(C)CA Business and Professions Code § 22588.2(c)(1)(C) The social media platform has more than 100,000,000 monthly global active users or
generates more than one billion
dollars ($1,000,000,000) in gross revenue per year, adjusted yearly for inflation.
(2)CA Business and Professions Code § 22588.2(c)(2) “Large social media platform” does not include any of the following:
(A)CA Business and Professions Code § 22588.2(c)(2)(A) A service that primarily serves to facilitate the sale or provision of professional services or the sale of commercial products.
(B)CA Business and Professions Code § 22588.2(c)(2)(B) A service that primarily provides news or information and does not offer the ability for content to be sent by a user directly to a child.
(C)CA Business and Professions Code § 22588.2(c)(2)(C) A service that has features that enable a user who communicates directly with a child through a message, including a text, audio, or video message, not otherwise available to other users of the service, to add
other users to that message that the child may not have otherwise met, identified, or become aware of solely through the use of the service and does not have any features described in subparagraph (B) of paragraph (1).
(d)CA Business and Professions Code § 22588.2(d) “Public or semipublic internet-based service or application” does not include a service or application used to facilitate communication within a business or enterprise among employees or affiliates of the business or enterprise, if access to the service or application is restricted to employees or affiliates of the business or enterprise using the service or application.
(e)CA Business and Professions Code § 22588.2(e) “Risk” means a social media-related threat that more likely than not will cause harm to a child.
(f)CA Business and Professions Code § 22588.2(f) “Severe risk” means a social
media-related threat that more likely than not will cause serious bodily or mental harm to a child.
(g)CA Business and Professions Code § 22588.2(g) “Social media platform”
has the same meaning as defined in Section 22675.
(h)CA Business and Professions Code § 22588.2(h) “Social media-related threat” means content that promotes, incites, facilitates, or perpetrates any of the following:
(1)CA Business and Professions Code § 22588.2(h)(1) Suicide.
(2)CA Business and Professions Code § 22588.2(h)(2) Disordered eating.
(3)CA Business and Professions Code § 22588.2(h)(3) Drug trafficking.
(4)CA Business and Professions Code § 22588.2(h)(4) Substance abuse.
(5)CA Business and Professions Code § 22588.2(h)(5) Fraud.
(6)CA Business and Professions Code § 22588.2(h)(6) Human trafficking punishable pursuant to Section 236.1 of the Penal Code.
(7)CA Business and Professions Code § 22588.2(h)(7) Sexual abuse.
(8)CA Business and Professions Code § 22588.2(h)(8) Cyberbullying.
(9)CA Business and Professions Code § 22588.2(h)(9) Harassment.
(10)CA Business and Professions Code § 22588.2(h)(10) Distribution of harmful matter, as defined by Section 313 of the Penal Code.
(i)CA Business and Professions Code § 22588.2(i) “Substantively respond” means to inform a person who makes a report pursuant to Section 22588.3 that the content being reported meets either of the following criteria:
(1)CA Business and Professions Code § 22588.2(i)(1) The content does not violate the terms of service of the large social media platform.
(2)CA Business and Professions Code § 22588.2(i)(2) The content violates the terms and conditions of the large social media platform.
(j)CA Business and Professions Code § 22588.2(j) “Terms of service” means a public-facing policy or set of policies adopted by a social media platform that specifies, at least, the user behavior and activities that are permitted on the social media platform and the user behavior and activities that may result in the social media platform taking action against the user or content.
(k)CA Business and Professions Code § 22588.2(k) “Verified reporter” means an individual described in, and verified by, the process required by subdivision (b) of Section 22588.3.
