United States of America: Signed Cyberbullying Protection Act (SB 1504)

On 28 September 2024, the Cyberbullying Protection Act (SB 1504) was signed by the Governor of California. The Act amends Sections 22589, 22589.1, 22589.2, and 22589.3 of the Business and Professions Code related to social media platforms. The Act enhances the mechanisms for reporting and addressing cyberbullying on social media platforms. Specifically, the Act expands the definition of cyberbullying to include severe or pervasive conduct targeting minors like content that encourages self-harm, targets victims of sexual abuse, or threatens to disclose personal information. The Act further increases the penalties for platforms that fail to comply with the act's provisions to up to USD 10'000 per intentional violation and eliminate the civil penalty liability and, instead, makes a social media platform that violates the act’s provisions liable for compensatory and punitive damages. Parents, legal guardians, city attorneys, district attorneys, or county counsel, can bring civil actions to enforce the Act, in addition to the Attorney General. Additionally, the Act mandates social media platforms to provide a more responsive and transparent reporting process for cyberbullying incidents. Social media platforms are required to establish a mechanism to meet criteria, including that the mechanism provides, within 36 hours of receipt of a report, written confirmation to the reporting individual that the social media platform received that individual’s report. The mechanism should further provide written updates to the reporting individual as to the status of the social media platform's handling of the reported material.