Bill > AB392

This bill adds a new chapter to California's Business and Professions Code to regulate pornographic internet websites by requiring operators to exercise "ordinary care" to ensure sexually explicit content does not include individuals who have not consented or were minors when the content was created. The bill mandates that before uploading sexually explicit content, users must submit a statement certifying that all depicted individuals were adults at the time of creation, consented to being depicted, and consent to the content's upload, with knowingly providing false information punishable by a $1,000 fine. Operators must verify users' email addresses before allowing content uploads and retain submission information for seven years. The bill allows both depicted individuals and public prosecutors to bring civil actions against website operators or users who violate these requirements, with potential damages up to $75,000 per violation for individuals and $25,000 per violation for prosecutors. "Sexually explicit content" is broadly defined as visual or audiovisual works showing individuals nude or engaging in sexual conduct, with an exception for content with serious artistic, literary, political, or scientific value. The legislation aims to protect individuals from non-consensual pornographic content and provide legal recourse for those whose images are uploaded without permission.

Budget and Finance, Business and Industry, Justice

https://leginfo.legislature.ca.gov/faces/billStatusClient.xhtml?bill_id=202520260AB392