Existing law generally regulates obscene content on internet websites, including by requiring a social media platform to provide, in a mechanism that is reasonably accessible to users, a means for a user who is a California resident to report material to the social media platform that the user reasonably believes is, among other things, child sexual abuse material.
This bill would require a person who operates a pornographic internet website to exercise ordinary care and reasonable diligence to ensure that any sexually explicit content, as defined, uploaded to the operator's pornographic internet website does not include a depicted individual, as defined. The bill would require a user to, before uploading sexually explicit content to a pornographic internet website, submit, among other things, a statement, under penalty of perjury, that any individual depicted in the sexually explicit content was not a minor at the time the sexually explicit content was created, consented to being depicted in the sexually explicit content, and consents to the sexually explicit content being uploaded to the internet on the pornographic internet website. By expanding the scope of the crime of perjury, this bill would impose a state-mandated local program. The bill would also require an operator to establish a clear and conspicuous mechanism that permits a depicted individual to submit a takedown request, that meets certain criteria, on the basis that the depicted individual did not consent to being depicted in sexually explicit content uploaded to the pornographic internet website, did not consent to that sexually explicit content being uploaded to the pornographic internet website, or was a minor at the time of the creation of that sexually explicit content. The bill would require the operator to remove and permanently block the sexually explicit content and any substantially identical content from its pornographic internet website within 48 hours, as specified.
This bill would authorize a depicted individual and a public prosecutor to bring a civil action to enforce the bill, as prescribed.
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.