Online Child Sexual Exploitation Prevention Bill Passes in CA
California lawmakers have passed an online child sexual exploitation prevention bill that is designed to combat online child abuse. The bill puts guardrails on the use of online social media sites for posting child sexual content. The Assembly and Senate passed the bill, and is now ready for the governor’s approval. The legislation will help to stop the use of social media platforms as superhighways for distributing child sexual materials.
If you or a loved one was the victim of child sex abuse in California, it could be beneficial to speak with our California child sex abuse attorney at Beck Law P.C. to learn more about what your legal options are for recovering compensation for harm you had to endure.
California Assembly Bill 1394
California Assembly Bill 1394 is legislation that addresses child sexual abuse material (CSAM). The law would make it illegal for social media companies to “knowingly, facilitate, aid or abet commercial sexual exploitation.” Social media companies would have to provide a method for users to report child sexual abuse materials in which they appear. Further, the companies would have to respond to the report within 36 hours.
The companies must also ensure that any such content is blocked from further view. If they fail to comply, they could be liable for damages. If they violate the law, they could face fines of $250,000 for each violation. They may be eligible for lower penalties if they report the content to the National Center for Missing & Exploited Children (NCMEC) and take part in a program called “Take it Down.” The Take it Down program assigns digital footprints to online materials so they can be properly tracked and removed.
In addition, a court would be required to award damages of $1 million to $4 million for each incident of violation in cases where a social media company was found to have knowingly aided, abetted, or facilitated the sexual exploitation of a child. A victim of online child sexual abuse could file a lawsuit against the social media company in such cases.
Opposition From Media Companies
Some social media companies strongly oppose the online child sexual exploitation prevention legislation. They make the case that the legislation limits free speech and is unconstitutional. The bill was stalled for a time while some changes were made to appease the social media companies. The bill now allows companies up to 30 days to remove the content. It is possible that litigation may take place once the law finally goes into effect. Various cases across the nation are being litigated due to allegations of First Amendment rights violations. After the changes, the California legislators unanimously passed the bill.
Governor Newsom Must Still Sign the Online Child Sexual Exploitation Prevention Bill
While the state legislature approved AB1394, the governor must now approve it before it becomes law. Governor Newsom has received the bill, and it is now awaiting his signature. He may either approve or veto the bill. If approved, the law will go into effect starting January 1, 2025. That time frame will allow social media companies to prepare for the new procedures they must put in place.
If you or a loved one is the victim of child sexual abuse anywhere in California, don’t delay. You may be owed money for your damages. Contact us today at Beck Law at (707) 576-7175 for a confidential consultation to discuss the details of your case.
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