SB 157: Invasion of privacy: distribution of sexually explicit materials: protection of plaintiff’s identity.

Existing law creates a private right of action against a person who intentionally distributes a photograph or recorded image of another that exposes the intimate body parts, as defined, of that person or him or her engaged in specified sexual acts, without his or her consent, knowing that the other person had a reasonable expectation that the material would remain private, if specified conditions are met. Existing law authorizes a plaintiff in a civil proceeding pursuant to these provisions to use a pseudonym instead of his or her true name and to exclude or redact from all pleadings and documents filed in the action other identifying characteristics of the plaintiff. Existing law requires specified court documents, including motions and papers filed by parties, to be worded in a way that protects the name or other identifying characteristics of the plaintiff from public revelation. Existing law specifies that identifying characteristics include certain information for these purposes.

This bill would require, in cases where a plaintiff uses a pseudonym, all other parties and their agents and attorneys to use the plaintiffs pseudonym in all pleadings, discovery documents, and other documents filed or served in the action, and at hearings, trial, and other court proceedings that are open to the public. The bill would require any party filing a pleading, discovery document, or other document in the action to exclude or redact identifying characteristics of the plaintiff from those documents, except as specified, and to file with the court and serve upon all other parties a confidential information form that includes the plaintiffs name and other identifying characteristics excluded or redacted. The bill would require the court to keep the plaintiffs name and excluded or redacted characteristics confidential. The bill would define identifying characteristics to include, among other information from which the plaintiffs identity can be discerned, telephone number, email address, social media profiles, online identifiers, as defined, and images of the plaintiff.

Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.

This bill would make legislative findings to that effect.