Amended
IN
Senate
January 03, 2024 |
Amended
IN
Senate
March 22, 2023 |
Introduced by Senator Padilla |
February 17, 2023 |
Existing law, the California Age-Appropriate Design Code Act, which, commencing July 1, 2024, requires a business that provides an online service, product, or feature likely to be accessed by children to comply with specified requirements. The act prohibits a business that provides an online service, product, or feature likely to be accessed by children from taking proscribed action, including using the personal information of any child in a way that the business knows, or has reason to know, is materially detrimental to the physical health, mental health, or well-being of a child. The act authorizes the Attorney General to seek an injunction or civil penalty against any business that violates its provisions and holds violators liable for a civil penalties, as specified. The act defines various terms for these purposes.
This bill would
prohibit a social media platform, as defined, from adopting or implementing a policy or practice related to the targeting of content to minors that prioritizes user engagement, as defined, of minor users with the platform over the safety, health, and well-being of the minor users if the social media platform knows or, in the exercise or ordinary care, should know that prioritizing the user engagement of minor users with the platform over the safety, health, and well-being of the minor users has caused harm to minor users or it is reasonably foreseeable that it will cause harm to minor users. The bill would make a knowing violation of these provisions punishable by civil penalty of not more than $100,000,000 per minor user of the social media platform, and any other violation of these provisions punishable by a civil penalty of not more than $250,000 per minor user of the social media platform, with any penalties, fees, and expenses recovered in these actions to be deposited in the General Fund. The bill
would require these civil penalties to be assessed and recovered only in a civil action brought in the name of the people of the State of California by the Attorney General. In an action under these provisions, the bill would authorize a court, at the Attorney General’s request, to order regular inspection of a social media platform found to have violated these provisions, as specified.
(a)A social media platform shall not adopt or implement a policy or practice related to the targeting of content to minors that prioritizes user engagement of minor users with the platform over the safety, health, and well-being of the minor users if the social media platform knows or, in the exercise of ordinary care, should know that prioritizing the user engagement of minor users with the platform over the safety, health, and well-being of the minor users has caused harm to minor users or it is reasonably foreseeable that it will cause harm to minor users.
(b)A social media platform that knowingly violates subdivision (a) shall be liable for a civil penalty of not
more than one million dollars ($1,000,000) per minor user of the social media platform.
(c)A social media platform that violates subdivision (a) other than knowingly shall be liable for a civil penalty of not more than two hundred fifty thousand dollars ($250,000) per minor user of the social media platform.
(d)A civil penalty under this section shall be assessed and recovered only in a civil action brought in the name of the people of the State of California by the Attorney General.
(e)In an action under this section, the court may, at the Attorney General’s request, order regular inspections of a social media platform found to have violated subdivision (a) by an independent auditor appointed by the Attorney General to
monitor and validate the social media platform’s compliance with subdivision (a).
(f)Any penalties, fees, and expenses recovered in an action under this section shall be deposited in the General Fund.
(g)For purposes of this section, the following definitions apply:
(1)“Social media platform” has the same meaning as defined in Section 22675 of the Business and Professions Code.
(2)“User engagement” means a measure of how much users are actively participating with the platform, including, but not limited to, clicking or tapping on links, leaving comments, time spent on the platform, and sharing content.