§ 22678. — 22678. (Added by Stats. 2022, Ch. 269, Sec. 2.)

California § 22678.

• Jurisdiction: California
• Code BPC: Business and Professions Code - BPC
• Div. 8.: DIVISION 8. SPECIAL BUSINESS REGULATIONS
• Ch. 22.8.: CHAPTER 22.8. Content Moderation Requirements for Internet Terms of Service

Text

(a)
(1)
A social media company that violates the provisions of this chapter shall be liable for a civil penalty not to exceed fifteen thousand dollars ($15,000) per violation per day, and may be enjoined in any court of competent jurisdiction.
(2)
A social media company shall be considered in violation of the provisions of this chapter for each day the social media company does any of the following:
(A)
Fails to post terms of service in accordance with Section 22676.
(B)
Fails to timely submit to the Attorney General a report required
pursuant to Section 22677.
(C)
Materially omits or misrepresents required information in a report submitted pursuant to Section 22677.
(3)
In assessing the amount of a civil penalty pursuant to paragraph (1), the court shall consider whether the social media company has made a reasonable, good faith attempt to comply with the provisions of this chapter.
(b)
Actions for relief pursuant to this chapter shall be prosecuted exclusively in a court of competent jurisdiction by the Attorney General
or by a city attorney of a city having a population in excess of 750,000, or by a city attorney in a city and county in the name of the people of the State of California upon their own complaint or upon the complaint of a board, officer, person, corporation, or association.
(c)
If an action pursuant to this section is brought by the Attorney General, one-half of the penalty collected shall be paid to the treasurer of the county in which the judgment was entered, and one-half to the General Fund.
If the action is brought by a city attorney, one-half of the penalty collected shall be paid to the treasurer of the city in which the judgment was entered, and one-half to the treasurer of the county in which the judgment was entered.

Legislative History

Added by Stats. 2022, Ch. 269, Sec. 2. (AB 587) Effective January 1, 2023.