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CA SB896

Bill

Status

Introduced

1/28/2020

Primary Sponsor

Richard Pan

Click for details

Origin

Senate

2019-2020 Session

AI Summary

  • Adds Section 48.6 to the Civil Code to establish liability protections for online platforms that distribute false, misleading, deceptive, or unlawful material, provided the platform has no actual knowledge of the material's false nature and acts expeditiously to remove it upon notification.

  • Requires platforms to respond expeditiously to written notifications meeting specific requirements, including the complaining party's signature, identification of the material, contact information, and a good faith statement that the material is false, misleading, deceptive, or unlawful.

  • Imposes liability on persons who knowingly and materially misrepresent material as false, misleading, deceptive, or unlawful to a platform, requiring payment of damages including attorney's fees and costs incurred by the affected user and platform.

  • Establishes a counternotification process allowing users to challenge removal of material, requiring a statement under penalty of perjury and a good faith belief that the material was wrongly removed; platforms must repost material within seven business days unless the complaining party files a civil action.

  • Limits protections to platforms that adopt and implement a policy providing for termination of user accounts that repeatedly distribute false, misleading, deceptive, or unlawful material.

Legislative Description

False, misleading, deceptive, or unlawful advertising: goods or services: platforms.

Last Action

From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS.

3/17/2020

Committee Referrals

Rules1/28/2020

Full Bill Text

No bill text available