Bill Text: CA AB2391 | 2019-2020 | Regular Session | Introduced
Bill Title: Internet: social media or search engine service: censorship.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2020-03-12 - Referred to Coms. on A.,E.,S.,T., & I.M. and JUD. [AB2391 Detail]
Download: California-2019-AB2391-Introduced.html
CALIFORNIA LEGISLATURE—
2019–2020 REGULAR SESSION
Assembly Bill
No. 2391
| Introduced by Assembly Member Gallagher |
February 18, 2020 |
An act to add Title 15.5 (commencing with Section 3200) to Part 4 of Division 3 of the Civil Code, relating to the internet.
LEGISLATIVE COUNSEL'S DIGEST
AB 2391, as introduced, Gallagher.
Internet: social media or search engine service: censorship.
Existing law prohibits an internet service provider from blocking or impairing lawful internet content and applications, engaging in paid prioritization, or unreasonably interfering with a user’s ability to access and use lawful internet content.
This bill would prohibit a person who operates a social media internet website located in California, as defined, from removing or manipulating content from that site on the basis of the political affiliation or political viewpoint of that content. However, the bill would authorize a site to remove content of a political nature if the site’s content is limited to the promotion of only certain political viewpoints and the content is inconsistent with those viewpoints or the content violates the site’s community values, provided that the content limitation and community values are clearly stated in the user
terms and conditions. The bill would specify that it does not prohibit a social media internet website from removing content or communications that are obscene, threatening or harassing, advocate violence, or purport to state factual information that is demonstrably false.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Title 15.5 (commencing with Section 3200) is added to Part 4 of Division 3 of the Civil Code, to read:TITLE 15.5. Internet Censorship
3200.
(a) A person who operates a social media internet website located in California shall not remove or manipulate content from that internet website on the basis of the political affiliation or political viewpoint of that content.(b) Notwithstanding subdivision (a), a social media internet website may remove content of a political nature if, consistent with its user terms and conditions, the social media internet website’s content is limited to the promotion of only certain political viewpoints and the content is inconsistent with those viewpoints or the content violates the social media internet website’s community values. The social media internet website shall clearly state a limitation to the promotion of only certain political viewpoints and
its community values in its user terms and conditions.
(c) This section does not prohibit a social media internet website from removing content or communications that are obscene, threatening or harassing to another user, advocate violence, or purport to state factual information that is demonstrably false.
(d) As used in this section:
(1) “Located in California” means, to the extent consistent with federal law, either the person operating the services described in subdivision (a) above maintains a business in the state, or the user of that service is located in the stste.
(2) “Social media” means an electronic service or account held open to the general public to post, in either a public or semipublic page dedicated to a particular user, electronic
content or communication, including, but not limited to, videos, still photographs, or messages, intended to facilitate the sharing of information, ideas, personal messages, and other content.
