Obligations Arising From Particular TransactionsOnline Violence Prevention Act 1798.99.20-1798.99.23

Section § 1798.99

Explanation

This section defines key terms for understanding how content and social media platforms are regulated in California. 'Content' includes anything users create or interact with socially on the internet, except files stored or shared for cloud purposes. A 'social media platform' is an online service where people can connect socially, create profiles, and share content with others, but email functions alone don't count as social media. The law specifies that internal business communication platforms are not public or semipublic social media. It also defines a 'user' as anyone with an account on such a platform and a 'violent post' as a real threat against someone not protected by free speech laws.

For purposes of this section:
(a)Copy CA Civil Law Code § 1798.99(a)
(1)Copy CA Civil Law Code § 1798.99(a)(1) “Content” means statements or comments made by users and media that are created, posted, shared, or otherwise interacted with by users on an internet-based service or application.
(2)CA Civil Law Code § 1798.99(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 Civil Law Code § 1798.99(b) “Social media platform” means a public or semipublic internet-based service or application that has users in California and that meets both of the following criteria:
(1)Copy CA Civil Law Code § 1798.99(b)(1)
(A)Copy CA Civil Law Code § 1798.99(b)(1)(A) A substantial function of the service or application is to connect users in order to allow users to interact socially with each other within the service or application.
(B)CA Civil Law Code § 1798.99(b)(1)(A)(B) A service or application that provides email or direct messaging services shall not be considered to meet this criterion on the basis of that function alone.
(2)CA Civil Law Code § 1798.99(b)(2) The service or application allows users to do all of the following:
(A)CA Civil Law Code § 1798.99(b)(2)(A) Construct a public or semipublic profile for purposes of signing into and using the service or application.
(B)CA Civil Law Code § 1798.99(b)(2)(B) Populate a list of other users with whom an individual shares a social connection within the system.
(C)CA Civil Law Code § 1798.99(b)(2)(C) Create or post content viewable by other users, including, but not limited to, on message boards, in chat rooms, or through a landing page or main feed that presents the user with content generated by other users.
(c)CA Civil Law Code § 1798.99(c) “Public or semipublic internet-based service or application” does not include a service or application used to facilitate communication with a business or enterprise among employees or affiliates of the business or enterprise, provided that access to the service or application is restricted to employees or affiliates of the business or enterprise using the service or application.
(d)CA Civil Law Code § 1798.99(d) “User” means a person with an account on a social media platform.
(e)CA Civil Law Code § 1798.99(e) “Violent post” means content on a social media platform that contains a true threat against a specific person that is not protected by the First Amendment to the United States Constitution.
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Section § 1798.99

Explanation

This law requires social media platforms to clearly state if they have a way for both users and non-users to report violent posts. If such a reporting tool exists, the platform must provide a link to it in their statement.

(a)CA Civil Law Code § 1798.99(a) A social media platform shall clearly and conspicuously state whether it has a mechanism for reporting violent posts that is available to users and nonusers of the platform.
(b)CA Civil Law Code § 1798.99(b) If the social media platform has a reporting mechanism, the statement required by this subdivision shall include a link to the reporting mechanism.
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Section § 1798.99

Explanation

If someone thinks they're the target of a violent post on social media, they can ask the court to order the platform to remove it. They must first notify the platform and give it 48 hours to take down the post before the court will act. However, if the platform removes it within this time, the case might be dismissed. If there’s no proper way to report posts on the platform, they can ask the court at any time. A court won't force a platform to remove posts if the threats mentioned have already passed. Winning plaintiffs can get their legal costs covered, while defendants might get fees if the case was not pursued in good faith.

(a)Copy CA Civil Law Code § 1798.99(a)
(1)Copy CA Civil Law Code § 1798.99(a)(1) (A) A person who is the target of a violent post, or reasonably believes the person is the target of a violent post, may 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.
(B)Copy CA Civil Law Code § 1798.99(a)(1)(B)
(i)Copy CA Civil Law Code § 1798.99(a)(1)(B)(i) A person may bring an action pursuant to this paragraph before 48 hours have passed since providing notice to a social media platform pursuant to paragraph (2), but the court shall not rule on the request for an order until 48 hours have passed from the provision of notice.
(ii)CA Civil Law Code § 1798.99(a)(1)(B)(i)(ii) The court may dismiss an action described by clause (i) if the social media platform deletes the post before 48 hours have passed from the provision of notice.
(C)CA Civil Law Code § 1798.99(a)(1)(C) Except as provided in subparagraph (D), a person may bring an action pursuant to this paragraph at any time, and the court may rule on the request at any time, if the social media platform does not have a reporting mechanism described in Section 1798.99.21.
(D)CA Civil Law Code § 1798.99(a)(1)(D) A person shall not bring an action pursuant to this paragraph, nor shall a court issue an order requiring a social medial platform to remove a violent post or any related violent post, based upon content containing a true threat against a specific person if the date and time when the true threat that was threatened to occur has passed.
(2)CA Civil Law Code § 1798.99(a)(2) If the social media platform has a reporting mechanism described in Section 1798.99.21, a person shall not bring an action pursuant to paragraph (1) until the person has notified the social media platform of the violent post and requested that it be removed through the reporting mechanism.
(b)Copy CA Civil Law Code § 1798.99(b)
(1)Copy CA Civil Law Code § 1798.99(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)CA Civil Law Code § 1798.99(b)(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.
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Section § 1798.99

Explanation

This law does not apply to social media platforms that have fewer than 1 million unique users every month.

This title does not apply to a social media platform with fewer than 1,000,000 discrete monthly users.
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