California CodesBusiness and Professions Code - BPCDivision 8 — Special Business RegulationsChapter 22.8 — Content Moderation Requirements for Internet Terms of ServiceSection 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.

Notes

Sets a civil penalty up to $15,000 per violation per day for a social media company that fails required terms posting or timely reporting or materially omits or misrepresents required report information. Limits enforcement to the Attorney General and specified city attorneys, including cities over 750,000 population, and requires courts to consider reasonable good-faith compliance efforts when setting penalties.

Use as reference

Lexinter.net | California Code, Business and Professions Code - BPC § 22678 | https://laws.lexinter.net/codes/california/business-and-professions-code/division-8/chapter-22-8/section-22678

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