SB 60 and SB 74: Social Media Platforms, Prohibited Social Media Platforms

On February 14, 2023, Senate Bill 60 (Umberg) was amended to add Business and Professions Code Section 22945.5, requiring social media platforms to remove certain items. 

SB 60 would authorize a person to seek a court order requiring a social media platform to remove content that offers to sell, furnish, administer, give away, or offers to transport a controlled substance in violation of existing state law. If the social media platform has a reporting mechanism, then a person is prohibited from being an action until the person has notified the social media platform of the content and requested that it be removed through the reporting mechanism.

In addition, a person may bring an action before 48 hours have passed since providing notice to a social media platform through the reporting mechanism, but the court is prohibited from ruling on the request for an order until 48 hours have passed from the time of the notice. The court may dismiss an action if the social media platform deletes the content before 48 hours have passed.

A court is required to award court costs and reasonable attorney’s fees to a prevailing plaintiff in an action brought pursuant to this section. Also, reasonable attorney’s fees may be awarded to a prevailing defendant upon a finding by the court that the plaintiff’s prosecution of the action was not in good faith.

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On February 14, 2023, Senate Bill 74 (Dodd and Jones) was amended to add Government Code Section 11547.1. If enacted, SB 74 would take effect immediately as an urgency statute.

Section 1 of the bill would add Government Code Section 11547.1 and provide definitions for the terms: “country of concern,” “entity of concern,” “social media company,” “social media platform,” and “state entity.”  A state entity would be required to prohibit an application for a social media platform from being installed or downloaded on that entity’s state-issued or state-owned electronic device if specified conditions are met.

In addition, the California Department of Technology and California Cybersecurity Integration Center would be required to prepare and maintain a list of countries of concern, and post that list on the DOT’s internet website. The list would have to be updated annually.

Section 2 of the bill contains an urgency clause and specifies that the bill should take effect immediately “in order to protect against imminent threats to data security, it is necessary that this act take effect immediately.”

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On February 14, 2023, Assembly Bill 836 (Essayli) was introduced to add Title 15.5 beginning with Section 3200 of the Civil Code concerning social media platforms.

The bill would add Title 15.5, to be called “Social Media Platforms.” First, it would provide that a social media platform located in California is to be considered a traditional First Amendment forum.

Second, the phrase “located in California” would be defined to mean either the person operating the social media platform maintains a business in California or the user of the platform is located in this state.

Third, the term “social media platform” would be defined to mean 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.

This article has been updated to include AB 836.