CA SB 1504

Title: Cyberbullying Protection Act.
Author: Henry I. Stern

Summary
SB 1504, as amended, Stern. 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 platform’s 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 pupil’s 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 act’s provisions to minors rather than pupils and would define the phrase “severe or pervasive conduct” to mean content 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 individual’s report. The bill would additionally authorize any person, including, but not limited to, a parent or legal guardian of a minor, who submits a report of cyberbullying to the social media platform, a city attorney, a district attorney, or a county counsel to bring an action to enforce the act. The bill would increase the civil liability for violating the act to $75,000 and would authorize a court to award reasonable attorney’s 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.

Status
Read second time and amended. Re-referred to Com. on APPR.

Bill Documents
CA SB 1504 - 04/30/24 - Amended Senate
04/30/24 - CA SB 1504 (04/30/24 - Amended Senate)