2022 California Code
Business and Professions Code - BPC
DIVISION 8 - SPECIAL BUSINESS REGULATIONS
CHAPTER 22.8 - Content Moderation Requirements for Internet Terms of Service
Section 22678.
22678. (a) (1) A social media company that violates the provisions of this chapter shall be liable for a civil penalty not to exceed fifteen thousand dollars ($15,000) per violation per day, and may be enjoined in any court of competent jurisdiction.
(2) A social media company shall be considered in violation of the provisions of this chapter for each day the social media company does any of the following:
(A) Fails to post terms of service in accordance with Section 22676.
(B) Fails to timely submit to the Attorney General a report required pursuant to Section 22677.
(C) Materially omits or misrepresents required information in a report submitted pursuant to Section 22677.
(3) In assessing the amount of a civil penalty pursuant to paragraph (1), the court shall consider whether the social media company has made a reasonable, good faith attempt to comply with the provisions of this chapter.
(b) Actions for relief pursuant to this chapter shall be prosecuted exclusively in a court of competent jurisdiction by the Attorney General or by a city attorney of a city having a population in excess of 750,000, or by a city attorney in a city and county in the name of the people of the State of California upon their own complaint or upon the complaint of a board, officer, person, corporation, or association.
(c) If an action pursuant to this section is brought by the Attorney General, one-half of the penalty collected shall be paid to the treasurer of the county in which the judgment was entered, and one-half to the General Fund. If the action is brought by a city attorney, one-half of the penalty collected shall be paid to the treasurer of the city in which the judgment was entered, and one-half to the treasurer of the county in which the judgment was entered.
(Added by Stats. 2022, Ch. 269, Sec. 2. (AB 587) Effective January 1, 2023.)
