Existing law prohibits the false impersonation of another person in either that person's personal or official capacity with the intent to steal or defraud, as specified. Existing law protects all people from defamation, including libel and slander, as provided. Existing law makes any person who knowingly uses another's name, voice, signature, photograph, or likeness for commercial purposes, as specified, without that person's prior consent liable for damages, as specified. Existing law provides that a party seeking relief pursuant to those provisions may also seek an injunction or temporary restraining order according to specified procedures. This bill would enact the Digital Dignity Act. The act would subject to specified liability a person who, by distributing content with actual knowledge that the content includes a digital replica, is found guilty of violating a criminal provision for which false impersonation of another is a required element, as prescribed, or is found liable in a civil action arising from the use or portrayal through a digital replica, as provided. The Digital Dignity Act would require a large online platform that includes a generative AI tool, as defined, that provides users with the functionality to create a digital replica of other individuals to provide a mechanism for individuals to report content that violates the platform's terms of service or a provision of law relating to the individual's digital replica and to submit to the large online platform any certified court order or judgment ordering the removal of any content involving the individual's digital replica on the platform or finding that content involving the individual's digital replica was defamatory, fraudulent, or any other form of image appropriation not permitted by law, as prescribed. Upon receipt of the court order or judgment, the act would require the large online platform to remove the digital replica and make reasonable efforts to identify and remove any known identical copies. The act would authorize a city attorney or the Attorney General to bring a civil action to enforce these provisions and to seek a specified civil penalty and injunctive relief. The act would require a generative AI tool provider to maintain, for no less than 90 days, records sufficient to allow compliance with a court order issued pursuant to a civil action by the city attorney or Attorney General, as prescribed.
Existing law generally regulates artificial intelligence, including companion chatbots, as defined. Existing law requires an operator, as defined, to prevent a companion chatbot on its companion chatbot platform from engaging with users unless the operator maintains a protocol for preventing the production of suicidal ideation, suicide, or self-harm content to the user. Existing law requires an operator, for a user the operator knows is a minor, to, among other things, notify the user that the user is interacting with artificial intelligence and to disclose that companion chatbots may not be suitable for some minors, as specified. The Digital Age Assurance Act requires a person who owns, maintains, or controls a software application, as defined, to request age bracket data sent by a real-time secure application programming interface or operating system with respect to a particular user from an operating system provider or a covered application store when the application is downloaded and launched. This bill would require an operator, as defined, of a companion chatbot to, on or before July 1, 2027, do various things with respect to child safety and companion chatbots, including annually perform and document a comprehensive risk assessment to identify any child safety risk, as defined, posed by the design, configuration, and operation of the companion chatbot that assesses, among other things, the likelihood of a covered harm, as defined, occurring to child users. The bill would require an operator to submit to an independent audit of its compliance with those provisions, as specified, and would require, within 90 days of completing an independent audit, the auditor to submit an AI child safety audit report to the Attorney General for any audited companion chatbot. The bill would, except as specified, require those audit reports to be kept confidential. This bill would, beginning January 1, 2028, require the Attorney General to issue an annual public report on the audits submitted pursuant to the above-described provision, as specified. The bill would authorize a public prosecutor to bring a certain civil action to enforce the bill's provisions and would authorize a child who suffers actual harm as a result of a violation of this chapter, or a parent or guardian acting on behalf of that child, to bring a civil action against the operator to obtain, among other relief, punitive damages. Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect.
Existing law, the Protecting Our Kids from Social Media Addiction Act, prohibits an operator of an addictive internet-based service or application from providing an addictive feed, as defined, to a user unless the operator does not have actual knowledge that the user is a minor, as specified, or the operator has obtained verifiable parental consent to provide an addictive feed to the user who is a minor. Existing law, the Digital Age Assurance Act, beginning January 1, 2027, requires a person who owns, maintains, or controls a software application, as defined, to request age bracket data sent by a real-time secure application programming interface or operating system with respect to a particular user from an operating system provider or a covered application store when the application is downloaded and launched. This bill would prohibit a covered platform, as defined, from providing an addictive feature, as defined, to a user who is under 16 years of age and would require a covered platform to implement reasonable measures to ensure that users under 16 years of age are not offered or provided any addictive feature on the covered platform. The bill would also authorize the Attorney General to adopt regulations to implement and enforce the bill in order to further the purpose of protecting minors online, including by altering the scope of "covered platform" if the Attorney General determines that doing so is necessary to ensure that "covered platform" applies to internet websites, online services, online applications, or mobile applications that make addictive features, as defined, available to users under 16 years of age. This bill would impose a civil penalty upon a noncompliant platform and would require its provisions to be enforced by a civil action brought only by the Attorney General or a local public prosecutor, as specified. This bill would also establish the e-Safety Advisory Commission within the Department of Justice as an independent advisory body that is only for administrative purposes to advise state government on certain matters related to online safety and would require the commission to, on or before January 1 of each year, report to the Legislature and the Governor on, among other things, its activities under the bill.
Existing law authorizes designated health care services providers, employees, volunteers, and patients, and individuals who face threats of violence or violence or harassment from the public because of their affiliation with a designated health care services facility, to complete an application to be approved by the Secretary of State for the purposes of enabling state and local agencies to respond to requests for public records without disclosing a program participant's residence address contained in any public record and otherwise provide for confidentiality of identity for that person, subject to specified conditions. Existing law defines "designated health care services" to mean gender-affirming health care services or reproductive health care services. Under existing law, any person who makes a false statement in an application is guilty of a misdemeanor. Existing law prohibits a person, business, or association from knowingly publicly posting or publicly displaying, disclosing, or distributing on internet websites or on social media, the personal information or image of any designated health care services patient, provider, or assistant, or other individuals residing at the same home address, with the intent to incite a third person to cause imminent great bodily harm to the person identified in the posting or display, or to a coresident of that person, as specified, or to threaten the person identified in the posting or display, or a coresident of that person, as specified. Existing law additionally prohibits a person, business, or association from soliciting, selling, or trading on the internet or social media the personal information or image of a designated health care services patient, provider, or assistant with the intent described above. Existing law establishes a cause of action for injunctive or declarative relief for a violation of these prohibitions. Existing law prohibits a person from posting on the internet or social media, with the intent that another person imminently use that information to commit a crime involving violence or a threat of violence against a designated health care services patient, provider, or assistant, or other individuals residing at the same home address, the personal information or image of a reproductive health care services patient, provider, or assistant, or other individuals residing at the same home address. This bill would, commencing October 1, 2027, similarly establish an address confidentiality program for a designated immigration support services provider, employee, or volunteer, as defined, who faces threats of violence or harassment from the public because of their affiliation with a designated immigration support services facility. This bill would additionally prohibit a person, business, or association from soliciting, selling, or trading on the internet the personal information or image of a designated immigration support services provider, employee, or volunteer with the intent described above. The bill would also, among other things, prohibit a person from posting on the internet the personal information or image of a designated immigration support services provider, employee, or volunteer, or other individuals residing at the same home address, with the specific intent that another person imminently use that information to commit a crime involving violence or a threat of violence that is likely to occur against such an individual. The bill would define various terms for these purposes. By imposing new duties on local agencies and creating new crimes, this bill would create a state-mandated local program. Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law, the Digital Age Assurance Act, requires, beginning January 1, 2027, an operating system provider to provide an accessible interface at account setup that requires an accountholder to indicate the birth date, age, or both, of the user of that device for the purpose of providing a signal regarding the user's age bracket to applications available in a covered application store, among other things related to providing a uniform system for obtaining age information about a user of certain software applications. Existing law defines "user" for these purposes to mean a child that is the primary user of the device. This bill would establish the e-Safety Commission, as specified, and would require the commission to develop minimum age compliance guidelines for covered entities, as defined, review age assurance technologies used to implement the minimum age verification, and establish procedures for noncompliance investigations. The bill would require, on or before January 1 of each year, the commission to report to the Legislature and the Governor on its activities pursuant to the bill, as specified.
Existing law generally regulates obscene content on internet websites, including requiring a social media platform to provide a means for a user who is a California resident to report material to the social media platform that the user reasonably believes is child sexual abuse material and prohibiting an operator of an internet website directed to minors from advertising obscene matter to minors. Under existing law, a person who distributes an image of an intimate body part or act of sexual intercourse of an identifiable person, under specified circumstances that include an agreement or understanding that the image would remain private, is guilty of a crime. This bill would require an operator of a pornographic internet website, among other things, to exercise ordinary care and reasonable diligence to ensure that each instance of sexually explicit content displayed on the operator's pornographic internet website does not include a depicted individual. The bill would define terms, including "depicted individual" for its purposes. This bill would also require an operator to exercise ordinary care and take reasonable steps to ensure that each instance of sexually explicit content uploaded to the operator's pornographic internet website does not include a depicted individual. The bill would require a user of a pornographic internet website, before uploading sexually explicit content, to submit specific information to the operator, including a statement certifying, under penalty of perjury, that each individual depicted in the sexually explicit content meets certain criteria. Under the bill, knowingly providing false information in the user statement would be punishable as an infraction with a specified fine. By expanding the crime of perjury and creating a new crime, this bill would impose a state-mandated local program. This bill would authorize a depicted individual and a public prosecutor to bring a civil action to enforce these provisions, as prescribed. This bill would exclude sexually explicit content transmitted on an online dating service through a private messaging or direct-communication feature from its provisions, as specified. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law establishes the Department of Consumer Affairs to, among other things, protect consumer interests and regulate specified businesses. Existing law requires a business that provides an online service, product, or feature likely to be accessed by children to comply with specified requirements, including configuring all default privacy settings provided to children to settings that offer a high level of privacy. Existing law prohibits an operator of an internet website, online service, online application, or mobile application directed to minors from marketing or advertising specified products or services to a minor. This bill would enact the California Children's Digital Educational Content Act of 2026, which would require a covered platform, as defined, to establish and maintain a walled garden. The bill would define a walled garden as a clearly designated and easily accessible section of a platform that is dedicated exclusively to educational children's content, as defined. The bill would require a walled garden to meet certain requirements, including that it be free from targeted advertising and be accessible to minors without an account. The bill would authorize the department to adopt regulations to implement these provisions. The bill would require a covered platform to annually submit a compliance report to the department and would authorize the department to conduct audits. The bill would impose specified administrative penalties for violation of its provisions.
Existing law generally regulates social media platforms, including by requiring a social media company to post terms of service for each social media platform owned or operated by the company in a manner reasonably designed to inform all users of the social media platform of the existence and contents of the terms of service, as prescribed. Existing law generally prohibits a person from using violence or intimidation to interfere with another person's enjoyment of certain rights or because of certain attributes of that person, including the person's political affiliation, race, or sexual orientation, and punishes violations of that law with certain civil penalties or as misdemeanors, as prescribed. This bill would make a social media platform, as defined, that violates the above-referenced provisions of law relating to personal rights through its algorithms that relay content to users or aids, abets, acts in concert, or conspires in violation of those laws, or is a joint tortfeasor in an action alleging a violation of those laws, liable for specified civil penalties. The bill would declare its provisions to be severable and would declare attempted waiver of its provisions to be void and unenforceable. This bill would become operative on January 1, 2027.
The Cyberbullying Protection Act requires a social media platform to take certain actions to mitigate or prevent bullying on the social media platform, including establish a prominent mechanism within its internet-based service that allows any individual, whether or not that individual has a profile on the internet-based service, to report cyberbullying or any content that violates the existing terms of service related to cyberbullying, as prescribed. The act makes a violator liable to certain plaintiffs, including the Attorney General, for $10,000 for each violation, among other relief. This bill would instead make a violator liable for $50,000 for each violation.
Existing law prohibits a contract, or proposed contract, for the sale or lease of consumer goods or services from including a provision waiving the consumer's right to make a statement regarding the seller or lessor, or its employees or agents, or concerning the goods or services. This bill would prohibit a business from making a consumer review platform available in the state that does not allow a business to opt out of being the subject of consumer reviews or consumer testimonials on the consumer review platform. The bill would define "consumer review platform" to mean an online platform, or a portion of an online platform, that is dedicated to enabling a consumer to see or hear consumer reviews of, or consumer testimonials with respect to, particular businesses that consumers have submitted to the online platform.
