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Sunday, April 28, 2024 | Back issues
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Newsom signs bill to curb spread of child sexual abuse material on social media

Governor Gavin Newsom signed and vetoed a multitude of bills over the weekend, with his last day to act on the hundreds remaining fast approaching.

SACRAMENTO, Calif. (CN) — California Governor Gavin Newsom has signed a bill that will punish social media platforms and other web services for "knowingly facilitating, aiding, or abetting commercial sexual exploitation” of children.

Assembly Bill 1394 — written by Assemblymember Buffy Wicks, an Oakland Democrat — allows a judge to assess statutory damages of between $1 million and $4 million for each instance of commercial sexual exploitation that were aided, abetted or facilitated by a social media platform. If that platform knowingly or recklessly did so, the damages go up to $5 million per instance.

Additionally, the new law — effective Jan. 1, 2025 — requires social media platforms to have a method for people to report child sexual abuse material in which they are depicted. Platforms must tell the reporter within 36 hours that their report was received. They then have a month to verify that material is abuse, and if it is, block it.

Failing to comply could lead to a maximum fine of $250,000 per violation. Fines are reduced if the social media platform complies before a lawsuit is filed.

"Governor Newsom's signing of AB 1394 further crystallizes California’s commitment to protecting kids in the online world, and sets a nationwide standard in the fight against child sex abuse material,” Wicks said in a statement. “This law underscores our state's dedication to defending the most vulnerable among us, and sends a resounding message to other states and tech platforms that using the internet to exploit children will no longer go unchecked."

A handful of associations stated their opposition in a bill analysis. The California Chamber of Commerce, Civil Justice Association of California, NetChoice and Technet said the bill could cause harm to children.

Platforms could disable features like direct messaging and chat forums. They could also prohibit anyone younger than 18 from being a user. Either would create a burden on lawful speech and cause a chilling effect to legal content and speech on social media, opponents of the bill argued.

Newsom over the weekend signed and vetoed a multitude of bills. The final day for him to sign or veto the raft of bills the Legislature handed him is Oct. 14.

Over the weekend, Newsom signed AB 1 by Assemblymember Tina McKinnor, a Los Angeles Democrat. The bill, effective July 1, 2026, creates the Legislature Employer-Employee Relations Act, which will promote communication between the Legislature and its employees. It also will provide a path toward resolving wage, hour and employment condition disputes through representation and collective bargaining.

“Today is a huge victory for the nearly 2,000 legislative and district staff that have dedicated their careers to public service and have long deserved the right to be represented by a union,” McKinnor said in a statement. “Legislative staff aren’t looking for special treatment — they are looking for the same dignity and respect afforded to all represented workers.”

Many bills fell under Newsom’s veto pen, including Senate Bill 58, which would have decriminalized personal possession and the use of certain psychedelics for those 21 and older.

Newsom in a statement said he supports new methods of treating people dealing with mental health issues with psychedelics. However, he vetoed the bill because it had no treatment guidelines that included dosing information, a therapeutic framework and rules to stop exploitation during treatments.

The governor asked for another bill next year that includes those guidelines.

“Today’s veto is a huge missed opportunity for California to follow the science and lead,” said state Senator Scott Wiener, a San Francisco Democrat and author of the bill, in a statement. “This is not the end of our fight, however, and given the governor’s commitment to work with the Legislature on legislation with a therapeutic focus — and openness to future decriminalization legislation — I look forward to introducing therapeutic-focused legislation next year.”

Additionally, Newsom vetoed SB 541 by state Senator Caroline Menjivar, a San Fernando Valley Democrat. The bill would have required public schools to make condoms available for free to high school students. It also would bar schools from refusing to distribute condoms and stopped retailers from restricting the sale of nonprescription contraception based on age.

“While evidence-based strategies, like increasing access to condoms, are important to supporting improved adolescent sexual health, this bill would create an unfunded mandate to public schools that should be considered in the annual budget process,” Newsom said.

Newsom also vetoed AB 374 by Assemblymember Matt Haney, a San Francisco Democrat, and SB 728 by state Senator Monique Limón, a Democrat whose district includes Santa Barbara County and most of Ventura County.

Haney's bill would have allowed local governments to authorize cannabis retailers to make and serve non-cannabis food and beverages, as well as hold live music events and other performances.

Limón's bill would have prohibited the sale or distribution of plastic gift cards.

Categories / Government, Law, Politics

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