Bill Text: CA AB1316 | 2019-2020 | Regular Session | Amended

California Assembly Bill 1316 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Internet: social media or search engine service: censorship.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2020-02-03 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB1316 Detail]

Download: California-2019-AB1316-Amended.html

Amended IN Assembly April 12, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill

No. 1316

Introduced by Assembly Member Gallagher

February 22, 2019

An act to add Title 15.5 (commencing with Section 3200) to Part 4 of Division 3 of the Civil Code, relating to the ~~Internet.~~ internet.

LEGISLATIVE COUNSEL'S DIGEST

AB 1316, as amended, Gallagher. Internet: social media or search engine service: censorship.

Existing law prohibits an internet service provider from blocking or impairing lawful internet content and applications, engaging in paid prioritization, or unreasonably interfering with a user’s ability to access and use lawful internet content.

This bill would prohibit a person who operates a social media internet website located in California, as defined, from removing or manipulating content from that site on the basis of the political affiliation or political viewpoint of that ~~content.~~ content, except as provided by the social media internet website’s terms and conditions of use.

Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO

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

SECTION 1.

Title 15.5 (commencing with Section 3200) is added to Part 4 of Division 3 of the Civil Code, to read:

TITLE 15.5. Internet Censorship

3200.

(a) A person who operates a social media internet website located in California shall not remove or manipulate content from that internet website on the basis of the political affiliation or political viewpoint of that ~~content.~~ content, except as provided by the social media internet website’s terms and conditions of use.

(b) As used in this section:

(1) “Located in California” means, to the extent consistent with federal law, either the person operating the services described in subdivision (a) above maintains a business in California, or the user of that service is located in California.

(2) “Social media” means an electronic service or account held open to the general public to post, in either a public or ~~semi-public~~ semipublic page dedicated to a particular user, electronic content or communication, including, but not limited to, videos, still photographs, or messages, intended to facilitate the sharing of information, ideas, personal messages, and other content. Social media does not include the public or semipublic page of a person, where any posted electronic content or communication may be reasonably attributed to the person to whom that page belongs or is assigned.