Bill Text: CA AB1628 | 2021-2022 | Regular Session | Amended

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

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Bill Title: Social media platforms: electronic content management: controlled substances.

Spectrum: Bipartisan Bill

Status: (Passed) 2022-09-19 - Chaptered by Secretary of State - Chapter 432, Statutes of 2022. [AB1628 Detail]

Download: California-2021-AB1628-Amended.html

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Amended  IN  Assembly  May 04, 2022

Amended  IN  Assembly  April 21, 2022

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill

No. 1628

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Introduced by Assembly Member Ramos
(Principal coauthor: Senator Ochoa Bogh)

January 11, 2022

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An act to add and repeal Chapter 31.5 (commencing with Section 22945) of Division 8 of the Business and Professions Code, relating to online platforms.

LEGISLATIVE COUNSEL'S DIGEST

AB 1628, as amended, Ramos. Online platforms: electronic content management: controlled substances.

Existing law requires an operator of a commercial internet website or online service that collects personally identifiable information through the internet about individual consumers residing in California who use or visit its commercial internet website or online service to conspicuously post its privacy policy on its internet website. Existing law also limits advertising by an operator of an internet website, online service, online application, or mobile application directed to minors.

This bill would, until January 1, 2028, and subject to specified exceptions, require an online platform, as defined, that operates in the state to create and publicly post a policy statement that includes, among other things, the online platform’s policy on the use of the online platform to illegally distribute a controlled substance, as defined, and a link to the online platform’s reporting mechanism for illegal or harmful content or behavior. The bill would require a person or entity operating the online platform to update the policy statement as necessary and consult consider consulting with specified entities to assist in developing and supporting the policy statement.

Digest Key

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

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Bill Text

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

SECTION 1.

 Chapter 31.5 (commencing with Section 22945) is added to Division 8 of the Business and Professions Code, to read:

CHAPTER  31.5. Drug Safety Policies on Online Platforms

22945.

 (a) For purposes of this chapter, the following definitions apply:

(1) “Controlled substance” has the same meaning as that term is defined in Section 11007 of the Health and Safety Code.

(2) “Online platform” means an electronic internet-based service that allows its users to post or share electronic content with other users, including, but not limited to, text, videos, still photographs, blogs, video blogs, podcasts, instant messages, email, online accounts or profiles, or locations. do all of the following:

(A) Construct a public or semipublic profile within a bounded system created by the service.

(B) Populate a list of other users with whom an individual shares a connection within the system.

(C) Post or share user-generated content with other users.

(b) An online platform that operates in the state shall create, and publicly post on the online platform’s internet website, a policy statement that includes all of the following:

(1) The online platform’s policy on the use of the online platform to illegally distribute a controlled substance.

(2) A general description of the online platform’s moderation practices that are employed to prevent users from posting or sharing electronic content pertaining to the illegal distribution of a controlled substance. The description shall not include any information that the online platform believes might compromise operational efforts to identify prohibited content or user activity, or otherwise endanger user safety.

(3) A link to mental health and drug education resources for users. the State Department of Public Health Overdose Prevention Initiative’s “Substance Basics: Fentanyl” educational resource.

(4) A link to the online platform’s reporting mechanism for illegal or harmful content or behavior on the online platform.

(5)A link to the online platform’s resources for law enforcement officials, including the mechanism for requesting legal process and making official inquiries.

(5) A general description of the online platform’s policies and procedures for responding to law enforcement inquiries, including warrants, subpoenas, and other court orders compelling the production of or access to electronic communication information, as defined in Section 1546 of the Penal Code.

(c) The disclosures required by this section may be posted separately or incorporated within another document or post, including, but not limited to, the terms of service or the community guidelines.

(d) A person or entity operating an online platform in the state shall do both of the following:

(1) Update the policy statement created pursuant to subdivision (b) as necessary.

(2) Consult Consider consulting with nonprofits, safety advocates, and survivors to assist in developing and supporting the policy statement created pursuant to subdivision (b).

(e) This chapter shall not apply to any of the following:

(1) A business that generated less than one hundred million dollars ($100,000,000) in gross revenue during the preceding calendar year.

(2) A section for user-generated comments on a digital news internet website that otherwise exclusively hosts content published by a person or entity described in subdivision (b) of Section 2 of Article I of the California Constitution.

(3) Consumer reviews of products or services on an internet website that serves the exclusive purpose of facilitating online commerce.

(4) Persons licensed pursuant to Division 10 (commencing with Section 26000).

(e)

(f) This section shall remain in effect only until January 1, 2028, and as of that date is repealed.