SB 896

Bill Subjects

Abstract

Existing law, the Consumer Legal Remedies Act, makes unlawful specified unfair methods of competition and unfair or deceptive acts or practices undertaken by any person in a transaction intended to result or that results in the sale or lease of goods or services to any consumer. This bill would provide that a platform, as defined, is not liable for monetary relief, including attorney's fees and costs, for the distribution of false, misleading, deceptive, or unlawful material in any civil action arising from the distribution of that material if the platform meets specified conditions, including a requirement that the platform respond expeditiously to remove or disable access to that material upon written notification from a complaining party, as defined. The bill would prescribe requirements for the service and contents of the written notification. The bill would provide that a person who knowingly and materially misrepresents that material is false, misleading, deceptive, or unlawful to a platform is liable for damages, including attorney's fees and costs, incurred by the user that posted the material and incurred by the platform in relation to a civil action arising from the platform's reliance on that misrepresentation in removing or disabling access to the material. This bill would provide that a platform is not liable in any action arising from the platform's decision to disable access to or remove material if the decision is based on the platform's good faith belief that the material is false, misleading, deceptive, or unlawful, or is based on facts or circumstances from which the false, misleading, deceptive, or unlawful nature of the material is apparent. The bill would provide that this protection is applicable regardless of a court's determination on whether the material is false, misleading, deceptive, or unlawful. The bill, however, would only extend this protection if the platform fulfills certain conditions regarding the platform's notification to the user regarding the removal or disabling of access to that material. The bill would establish requirements for a counternotification from a user regarding the removal of material or disabling of access, including a requirement for a user to provide a specified statement under penalty of perjury. By expanding the scope of the crime of perjury the bill would impose a state-mandated local program. This bill would only make its provisions applicable to a platform that adopts and implements, and informs its users of, a policy that provides for the termination of user accounts that repeatedly distribute false, misleading, deceptive, or unlawful material. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.