Law / United States / 
California
AB 2879 (2022), Cyberbullying Protection Act, as amended by SB 1504 (2024)
Cal. Bus. & Prof. Code §§ 22589-22589.4
In force since .
A social media and minors rule binding private bodies.
- Covered services
- Social media platforms as defined in Business and Professions Code section 22675.
- Instrument type
- an act of a legislature
- How the hook was established
- express
- What makes it apply
- User location
- Obligation class
- Disclosure
- Audit expectation
- none
What it requires
- Applies to a social media platform as defined in Business and Professions Code section 22675 (section 22589(d)), other than a platform controlled by a business entity that generated less than $100,000,000 in gross revenue during the preceding calendar year or a platform whose primary function is to allow users to play video games (section 22589.4).
- Disclose all cyberbullying reporting procedures in the platform's terms of service (section 22589.1(a)).
- Establish a prominent mechanism within the service that lets any individual, whether or not the individual has a profile on the service, report cyberbullying or any content that violates the terms of service related to cyberbullying; the mechanism must allow, but not require, a screenshot upload and collect basic identifying information, such as an account identifier, sufficient to locate the reported material (section 22589.1(b)(1) and (b)(2)(A)).
- Contact the reporting individual in writing by a method that includes a telephone number for text messages, an email address or another reasonable electronic method, inform the individual of all the options, and let the individual choose the method (section 22589.1(b)(2)(B) and (C)).
- Provide written confirmation to the reporting individual within 36 hours of receiving a report (section 22589.1(b)(2)(D)).
- Provide periodic written updates on the handling of the reported material, the first no later than 14 days after the confirmation and later ones no later than every 14 days until the final written determination (section 22589.1(b)(2)(E)).
- Issue a final written determination to the reporting user within 30 days of receiving the report, stating which of the five outcomes listed in the section applies; where circumstances beyond the platform's reasonable control prevent that, comply no later than 60 days after the material was first reported and give the reporting individual written notice of the delay no later than 48 hours after the platform knew the delay was likely (section 22589.1(b)(2)(F)).
These lines are LexLint's reading of the law's text.
If you get it wrong
Private right of actionYes
Penalty structure
A platform that violates a requirement of the chapter is liable for $10,000 for each violation and for compensatory damages, punitive damages and any civil remedies, penalties or sanctions for harms caused by the failure to comply, assessed and recovered in a civil action (section 22589.3(a)(1)). Each day in violation is a separate violation (section 22589.3(b)).
- Rule
- Per violation only
- As of
- Currency
- USD
- Per violation unit
- Violation
- Per violation amount
- 10,000
Who enforces it
Enforcement body
California Attorney General, city attorneys, district attorneys and county counsel; a parent or legal guardian of a minor, or a school administrator, who submitted a report may also sue
What record it asks for
Logging duty
The section names no log or record; the 36-hour, 14-day and 30-day deadlines cannot be shown to have been met without a record of when each report arrived and was answered.
- Kind
- Implicit
- As of
- Provision
- Cal. Bus. & Prof. Code 22589.1(b)(2)(D): provide written confirmation of a report within 36 hours of receipt, with written updates at least every 14 days and a final written determination within 30 days
What this law does
Requires a social media platform to disclose its cyberbullying reporting procedures in its terms of service and to provide a prominent mechanism that lets any individual, whether or not the individual has a profile, report cyberbullying or content that violates the platform's terms of service on cyberbullying.
The platform must confirm receipt of a report in writing within 36 hours, send written status updates at least every 14 days, and issue a final written determination within 30 days, or within 60 days where circumstances beyond its reasonable control prevent it.
A platform that violates a requirement of the chapter is liable for $10,000 for each violation, with each day in violation a separate violation, and for compensatory and punitive damages, in a civil action brought by a parent or legal guardian of a minor or a school administrator who submitted a report, by a city attorney, district attorney or county counsel, or by the Attorney General.
The chapter does not apply to a platform controlled by a business entity with less than $100,000,000 in gross revenue in the preceding calendar year or to a platform whose primary function is to allow users to play video games. The chapter was added by Chapter 700, Statutes of 2022 (AB 2879) effective , and amended by Chapter 900, Statutes of 2024 (SB 1504) effective .
When LexLint raises it
When your app profile says your app operates a social platform.
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