Existing law, in a civil action brought by, on behalf of, or for the benefit of a minor, or nonminor dependent, against a person who engaged in an act of commercial sexual exploitation, as defined, of a minor or nonminor dependent, authorizes the trier of fact to either impose a fine, civil penalty, or other penalty, or other remedy in an amount up to 3 times greater than authorized by the statute or to award a civil penalty not exceeding $50,000 and not less than $10,000 for each act of commercial sexual exploitation committed by the defendant if the tier of fact makes an affirmative finding regarding certain factors, including whether the defendant's conduct was directed to more than one minor or nonminor dependent, as prescribed.
This bill would prohibit a social media platform, as defined, from knowingly, recklessly, or negligently facilitating, aiding, or abetting commercial sexual exploitation. The bill would require a court to award statutory damages of $5,000,000 for a violation that is knowing or reckless for each act of commercial sexual exploitation facilitated, aided, or abetted by the social media platform, as specified. The bill would define "facilitate, aid, or abet" to mean to deploy a system, design, feature, or affordance that is a substantial factor in causing minor users to be victims of commercial sexual exploitation. The bill would prohibit a social media platform from being deemed to be in violation of this provision if it demonstrates certain mitigating facts, including that the social media platform instituted and maintained a program of at least quarterly audits of its designs, algorithms, practices, affordances, and features to detect and correct designs, algorithms, practices, affordances, or features that have the potential to cause or contribute to violations of that provision, as prescribed.
Existing law, the California Consumer Privacy Act of 2018, grants to a consumer various rights with respect to personal information, as defined, that is collected by a business, as defined, including the right to request that a business delete personal information about the consumer that the business has collected from the consumer.
This bill would require a social media platform to, among other things, provide, in a form 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 meets certain criteria, including that the reported material is child sexual abuse material, as defined, in which the reporting user is an identifiable minor depicted in the reported material.
This bill would require the social media platform to permanently block the reported material from being viewable on the social media platform, as prescribed, if the reported material is child sexual abuse material that is displayed, stored, or hosted on the social media platform. The bill would make a violator of those provisions liable to the reporting user, including for statutory damages of no more than $250,000 per violation or $125,000 per violation, as specified.

Statutes affected:
AB1394: 3344 CIV, 3345.1 CIV
02/17/23 - Introduced: 3344 CIV, 3345.1 CIV
04/10/23 - Amended Assembly: 3344 CIV, 3345.1 CIV
05/25/23 - Amended Assembly: 3345.1 CIV
AB 1394: 3344 CIV, 3345.1 CIV