An act to add Chapter 22.6.10 (commencing with Section 22610) to Division 8 of the Business and Professions Code, relating to privacy.
Impact
One of the most significant implications of AB 1705 is the enhancement of legal protections for individuals depicted in sexually explicit content. It expands the scope of perjury by making it a punishable offense to provide false statements regarding an individual's consent to being depicted in such content. Furthermore, the bill allows depicted individuals and public prosecutors to initiate civil actions against operators or users who violate these provisions. Prevailing in such actions can lead to substantial damages and legal costs, encouraging operators to maintain stricter monitoring of uploaded content. This act aims to hold internet platforms accountable for the content they host, aligning with broader privacy and protection goals in the digital age.
Summary
Assembly Bill 1705, introduced by Assembly Members Bauer-Kahan and Dixon, focuses on regulating pornographic internet websites by implementing stricter guidelines and legal ramifications concerning the upload of sexually explicit content. The bill mandates that operators of these websites exercise 'ordinary care and reasonable diligence' to ensure that no sexually explicit content includes a depicted individual without proper consent. A 'depicted individual' is defined under the bill as someone who is portrayed in a sexually explicit manner without their permission, or who was a minor at the time the content was created. This sets a legal framework to protect individuals from unauthorized use of their images in explicit content online.
Contention
The bill may face opposition primarily from free speech advocates and representatives of the adult entertainment industry who could argue that the requirements placed on operators are burdensome and may infringe upon rights to free expression. Additionally, concerns about the feasibility and reliability of the consent verification process for users uploading content could be raised. Critics might argue that this could lead to overly cautious behavior from platforms, blocking legal content due to fear of legal repercussions. As this bill unfolds within legislative discussions, it will likely provoke debates on balancing privacy rights with freedoms of expression and the operational realities of internet platforms.
An act to add Chapter 8 (commencing with Section 17370) to Part 2 of Division 7 of the Business and Professions Code, relating to business regulations.
An act to repeal and add Article 14 (commencing with Section 2340) of Chapter 5 of Division 2 of the Business and Professions Code, relating to healing arts.
Concerning Criminal Offenses Related To Possession Of Sexually Explicit Material That Depicts A Child; And To Include A Computer Generated Image That Is Indistinguishable From The Image Of A Child.