2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 4 - OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS › TITLE 22 - Child Sexual Abuse Material Hosted on a Social Media Platform › Section 3273.66.

3273.66. A social media platform shall do all of the following:
(a) Provide, in a mechanism that is reasonably accessible to users, a means for a user who is a California resident to report material to the social media platform that the user reasonably believes meets all of the following criteria:
(1) The reported material is child sexual abuse material.
(2) The reporting user is an identifiable minor depicted in the reported material.
(3) The reported material is displayed, stored, or hosted on the social media platform.
(b) Collect information reasonably sufficient to enable the social media platform to contact, pursuant to subdivision (c), a reporting user.
(c) A social media platform shall contact a reporting user in writing by a method, including, but not limited to, a telephone number for purposes of sending text messages, or an email address, that meets both of the following criteria:
(1) The method is chosen by the reporting user.
(2) The method is not a method that is within the control of the social media company that owns or operates the social media platform.
(d) (1) Permanently block the instance of reported material from being viewable on the social media platform if the reported material meets all of the following criteria:
(A) There is a reasonable basis to believe that the reported material is child sexual abuse material.
(B) The reported material is displayed, stored, or hosted on the social media platform.
(C) (i) The report contains basic identifying information, such as an account identifier, sufficient to permit the social media platform to locate the reported material.
(ii) A social media platform shall not require a report to contain a specific piece of information for purposes of this subparagraph.
(2) A social media platform shall make reasonable efforts to remove and block other instances of the same reported material blocked pursuant to this subdivision from being viewable on the social media platform.
(e) Provide written confirmation to a reporting user that the social media platform received that person’s report that meets all of the following criteria:
(1) The written confirmation is provided to the reporting user within 36 hours of when the material was first reported.
(2) The written confirmation is provided using the information collected from the reporting user under subdivision (b).
(3) The written confirmation informs the reporting user of the schedule of regular written updates that the social media platform is required to make under subdivision (f).
(f) (1) Provide a written update to the reporting user as to the status of the social media platform’s handling of the reported material using the information collected from the reporting user under subdivision (b).
(2) The written update required by this subdivision shall be provided seven days after the date on which the written confirmation required under subdivision (e) was provided and every seven days thereafter until the final written determination required by subdivision (g) is provided.
(g) Issue a final written determination to the reporting user, using the information collected from the reporting user under subdivision (b), stating one of the following:
(1) The reported material has been determined to be child sexual abuse material that was displayed, stored, or hosted on the social media platform and has been blocked on the social media platform.
(2) The reported material has been determined not to be child sexual abuse material.
(3) The reported material has been determined not to be displayed, stored, or hosted on the social media platform.
(h) (1) Except as provided in paragraph (2), comply with subdivisions (c) to (g), inclusive, no later than 30 days after the date on which material was first reported pursuant to this section.
(2) (A) If the social media platform cannot comply with subdivisions (c) to (g), inclusive, due to circumstances beyond the reasonable control of the social media platform, the social media platform shall comply with subdivisions (c) to (g), inclusive, no later than 60 days after the date on which material was first reported pursuant to this section.
(B) If this paragraph 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 user using the information collected from the reporting user under subdivision (b).
(Added by Stats. 2023, Ch. 579, Sec. 2. (AB 1394) Effective January 1, 2024. Operative January 1, 2025, as prescribed by Stats. 2023, Ch. 579, Sec. 5.)