Cal. Bus. & Prof. Code § 22589
Cyberbullying Protection Act
Redline — January 1, 2023 → current.View current text →
Current — January 1, 2025
As of January 1, 2023
For purposes of this chapter, the following definitions apply:
For purposes of this chapter:
(a) (1) “Content” means statements or comments made by users and media that are created, posted, shared, or otherwise interacted with by users on an internet-based service or application.
(a) (1) “Content” means statements or comments made by users and media that are created, posted, shared, or otherwise interacted with by users on an internet-based service or application.
(2) “Content” does not include media put on a service or application exclusively for the purpose of cloud storage, transmitting files, or file collaboration.
(2) “Content” does not include media put on a service or application exclusively for the purpose of cloud storage, transmitting files, or file collaboration.
(b) “Cyberbullying” means any severe or pervasive conduct made by an electronic act or acts, as defined in paragraph (2) of subdivision (r) of Section 48900 of the Education Code, committed by a pupil or group of pupils directed toward one or more pupils that has or can be reasonably predicted to have the effect of one or more of the following: (1) Placing a reasonable pupil or pupils in fear of harm to that pupil’s or those pupils’ person or property. (2) Causing a reasonable pupil to experience a substantially detrimental effect on the pupil’s physical or mental health. (3) Causing a reasonable pupil to experience substantial interference with the pupil’s academic performance. (4) Causing a reasonable pupil to experience substantial interference with the pupil’s ability to participate in or benefit from the services, activities, or privileges provided by a school.
(b) “Cyberbullying” means any severe or pervasive conduct made by an electronic act, as defined in paragraph (2) of subdivision (r) of Section 48900 of the Education Code, committed by a person or group of people directed toward one or more minors that has, or can be reasonably predicted to have, the effect of any of the following: (1) Placing a reasonable minor in fear of harm to that minor’s person or property. (2) Causing a reasonable minor to experience a substantially detrimental effect on the minor’s physical or mental health. (3) Causing a reasonable minor to experience substantial interference with the minor’s academic performance. (4) Causing a reasonable minor to experience substantial interference with the minor’s ability to participate in, or benefit from, the services, activities, or privileges provided by a school.
(c) “Social media platform” means a public or semipublic internet-based service or application that has users in California and that meets both of the following criteria:
(1) (A) A substantial function of the service or application is to connect users in order to allow users to interact socially with each other within the service or application.
(B) A service or application that provides email or direct messaging services shall not be considered to meet this criterion on the basis of that function alone.
(2) The service or application allows users to do all of the following:
(A) Construct a public or semipublic profile for purposes of signing into and using the service or application.
(B) Populate a list of other users with whom an individual shares a social connection within the system.
(C) Create or post content viewable by other users, including, but not limited to, on message boards, in chat rooms, or through a landing page or main feed that presents the user with content generated by other users.
(c) (1) “Severe or pervasive conduct” includes only content that has, or can be reasonably predicted to have, the harmful, detrimental, or substantially interfering effects described in paragraphs (1) to (4), inclusive, of subdivision (b).
(2) “Severe conduct” includes conduct that has, or can be reasonably predicted to have, the harmful, detrimental, or substantially interfering effects described in paragraphs (1) to (4), inclusive, of subdivision (b). Severe conduct may also include content that does any of the following:
(A) Calls for self-injury or suicide of a minor or a specific person or of a group of individuals related to a minor.
(B) Attacks a minor based on the minor’s experience of sexual assault, sexual exploitation, sexual harassment, or domestic abuse.
(C) Includes statements of intent to engage in a sexual activity or advocating to engage in a sexual activity with a minor.
(D) Threatens to release a minor’s telephone number, residential address, images, or email address.
(E) Calls for, or statements of intent to engage in, threats of violence, humiliation, or criminal activity against a minor.
(F) Degrades, or expresses disgust toward, a minor who is depicted in the process of, or right after, menstruating, urinating, vomiting, or defecating.
(G) The identification in this paragraph of particular bases of severe conduct is illustrative rather than restrictive.
(d) “Social media platform” has the same meaning as defined in Section 22675.
(e) “Public or semipublic internet-based service or application” excludes a service or application used to facilitate communication within a business or enterprise among employees or affiliates of the business or enterprise, provided that access to the service or application is restricted to employees or affiliates of the business or enterprise using the service or application.
(f) “Terms of service” means a public-facing policy or set of policies adopted by a social media platform that specifies, at least, the user behavior and activities that are permitted on the social media platform and the user behavior and activities that may result in the social media platform taking action against the user or content.
Official source: California Legislative Information. Reproduced from public-domain California statutes; confirm against the official source for the current text. Not legal advice.