SB 1504: Cyberbullying Protection Act.

Existing law, commonly known as the Cyberbullying Protection Act, requires a social media platform, as defined, to disclose all cyberbullying reporting procedures in the social media platforms terms of service and to establish a mechanism within its internet-based service that allows an individual, whether or not that individual has a profile on the internet-based service, to report cyberbullying or content that violates the existing terms of service. The act defines cyberbullying to mean any severe or pervasive conduct made by an electronic act, as specified, committed by a pupil or group of pupils directed toward one or more pupils that has, or can reasonably be predicted to have, certain effects, including placing a reasonable pupil in fear of harm to that pupils person or property. The act makes a social media platform that violates its provisions liable for a civil penalty of not more than $7,500 for each intentional violation to be assessed and recovered in a civil action brought in the name of the people of the State of California by the Attorney General. The act also authorizes a court to order injunctive relief to obtain compliance with these provisions.

This bill would generally apply the acts provisions to minors rather than pupils. The bill would define the phrase severe or pervasive conduct to include only content that has, or can be reasonably predicted to have, specified harmful, detrimental, or substantially interfering effects. The bill would provide that severe conduct may also include conduct that, among other things, calls for self-injury or suicide of a minor or a specific person or of a group of individuals related to a minor. The bill would additionally require the mechanism required by the act to meet additional criteria, including that the mechanism provides, within 36 hours of receipt of a report, written confirmation to the reporting individual that the social media platform received that individuals report. The bill would authorize civil actions for relief only by a parent, legal guardian, or administrator who submits a report of cyberbullying to the social media platform, a city attorney, a district attorney, a county counsel, or the Attorney General. The bill would increase the civil liability for violating the act to $10,000 and would make a social media platform that violates the acts provisions liable for compensatory and punitive damages, as provided. The bill would authorize a court to award reasonable attorneys fees and costs to the prevailing plaintiff, as specified.

This bill would state that its provisions are severable. The bill would also make a nonsubstantive change.