An act to add Chapter 22.6 (commencing with Section 22605) to Division 8 of the Business and Professions Code, relating to the internet.
Impact
The bill, if passed, would significantly impact existing California laws governing obscene content on the internet. It introduces new responsibilities for website operators concerning user-generated content and enforces rigorous measures for consent verification. This could alter the operational dynamics of adult content platforms, as they will be held liable for ensuring that uploaded material does not violate the new statutes. Further ramifications include the creation of civil actions that may be pursued by depicted individuals and public prosecutors to enforce compliance and seek damages.
Summary
AB 392, introduced by Assembly Member Dixon, is a piece of legislation aimed at regulating pornographic internet websites in California. The bill mandates that operators of these websites exercise due diligence to ensure no sexually explicit content uploaded includes individuals depicted without consent or who were minors at the time of creation. Users intending to upload content must certify, under penalty of perjury, that the individuals depicted are consenting adults and were not minors during the creation of the content. Failure to provide accurate information can result in an infraction subject to fines.
Sentiment
The sentiment around AB 392 appears to be mixed among stakeholders. Advocates argue that the bill provides necessary protections against the exploitation of individuals in sexually explicit material and enhances accountability for website operators. Conversely, critics raise concerns regarding potential overreach and the feasibility of regulatory compliance, which could disproportionately affect smaller players in the adult content industry. Overall, there seems to be a consensus that while the bill aims to protect individuals, it could also foster uncertainty within the industry necessitating careful evaluation and discussions.
Contention
Notable points of contention revolve around the enforceability of the proposed regulations, particularly regarding the verification processes for user-uploaded content. Critics question how effectively operators can monitor compliance without infringing on user privacy or freedom of expression. Additionally, the provision allowing for civil action by depicted individuals raises concerns that it might lead to increased litigation and potentially stifle legitimate adult content production over fears of liability. The bill also stipulates that no reimbursement is required for local agencies, simplifying the implementation of these new regulations.
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 add Chapter 22.9 (commencing with Section 22682) to Division 8 of the Business and Professions Code, and to add Chapter 5.4 (commencing with Section 11530) to Part 1 of Division 3 of Title 2 of the Government Code, relating to business.
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.