Cal. BPC § 22589.1 — California Code / Code bpc / Division 8 / Chapter 22.2.9 / Section 22589.1
Section 22589.1
Status: in_force

(a) A social media platform shall disclose all cyberbullying reporting procedures in the social media platform’s terms of service.

(b) (1) A social media platform shall establish a prominent mechanism within its internet-based service that allows any individual, whether or not that individual has a profile on the internet-based service, to report cyberbullying or any content that violates the existing terms of service related to cyberbullying.

(2) The mechanism required by this subdivision shall meet all of the following criteria:

(A) The mechanism shall allow, but not require, an individual to upload a screenshot of the content that contains cyberbullying or violates the terms of service related to cyberbullying and collect basic identifying information, such as an account identifier, sufficient to permit the social media platform to locate the reported material.

(B) The mechanism shall include, but not be limited to, a method of contacting a reporting individual in writing by a method, including a telephone number for purposes of sending text messages, an email address, or other reasonable electronic method of communication.

(C) A social media platform may offer any other reasonable electronic method of communication in addition to those described in subparagraph (B). A social media platform shall inform a reporting individual of all options for a platform to contact the reporting individual in writing regarding their report, including, but not limited to, the methods listed in subparagraph (B). The reporting individual shall choose the method of communication.

(D) 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.

(E) (i) The mechanism provides periodic written updates to the reporting individual as to the status of the social media platform’s handling of the reported material using the reporting individual’s chosen method of communication, pursuant to subparagraph (C).

(ii) The first written update required by clause (i) shall be provided as soon as reasonably feasible but no later than 14 days after the date on which the written confirmation required under subparagraph (D) is provided. Subsequent written updates shall be provided as soon as reasonably feasible but no later than every 14 days thereafter, until the final written determination required by subparagraph (F).

(F) (i) Except as provided in clause (ii), the mechanism issues a final written determination to the reporting user within 30 days of receiving the report stating one of the following:

(I) The reported material has been determined to be cyberbullying that was displayed, stored, or hosted on the social media platform and has been blocked from being viewable on the social media platform because it violates the platform’s existing terms of service related to cyberbullying.

(II) The reported material has been determined to be cyberbullying that was displayed, stored, or hosted on the social media platform and has not been, or will not be, blocked on the social media platform because it does not violate the platform’s existing terms of service related to cyberbullying.

(III) The reported material has not been determined to be cyberbullying or to violate the platform’s existing terms of service related to cyberbullying and the reported material has not been, or will not be, blocked on the social media platform.

(IV) The reported material has not been determined to be cyberbullying or to violate the platform’s existing terms of service related to cyberbullying, but the reported material has been blocked from being viewable on the social media platform for reasons unrelated to the platform’s existing terms of service related to cyberbullying.

(V) The reported material has been determined not to be displayed, stored, or hosted on the social media platform.

(ii) If the social media platform cannot comply with clause (i) within 30 days due to circumstances beyond the reasonable control of the social media platform, the social media platform shall comply with clause (i) no later than 60 days after the date on which the covered material was first reported. If this subparagraph applies, the social media platform shall promptly provide written notice of the delay, no later than 48 hours from the time the social media platform knew the delay was likely to occur, to the reporting individual.