Currrent as of February 4, 2022
Assembly Bill No. 1114
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Introduced by Assembly Member Gallagher |
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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.
LEGISLATIVE COUNSEL’S DIGEST
AB 1114, as amended, Gallagher. Social media platform: unprotected speech.
Existing constitutional law establishes the right of freedom of speech. Existing case law interpreting those provisions applies varying levels of scrutiny to state action that restricts protected speech, and classifies specific types of speech as unprotected speech, including, but not limited to, obscenity, incitement of imminent lawless action, and true threats, which are given lesser or no protection under the First Amendment.
This bill would California, as defined, to develop a policy or mechanism to address content or communications that constitute unprotected speech, including obscenity, incitement of imminent lawless action, and true threats, or that purport to state factual information that is demonstrably false.
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. Social Media Platforms
3200.
(a) A social media platform located in California shall develop a policy or mechanism to address content or communications that constitute unprotected speech, including obscenity, incitement of imminent lawless action, and true threats, or that purport to state factual information that is demonstrably false.
(b) As used in this section:
(1) “Located in California” means, to the extent consistent with federal law, either the person operating the social media platform maintains a business in California, or the user of that platform is located in California.
(2) “Social media platform” means an electronic service held open to the general public to post 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 platform does not include a platform operated by a local, state, or federal entity or agency of government.
AB 1114