Social media platforms: child influencers., the official text

An act to add Chapter 22.1.3 (commencing with Section 22583) to Division 8 of the Business and Professions Code, relating to privacy.

LEGISLATIVE COUNSEL'S DIGEST

Existing law generally provides for the protection of minors on the internet, including by imposing certain requirements on an operator of an internet website, online service, online application, or mobile application if it is directed to minors or the operator has actual knowledge that a minor is using it. Among those provisions, existing law requires the operator to permit a minor who is a registered user to remove content or information that the user posted on the operator’s internet website, online service, online application, or mobile application, as specified.
This bill would require a social media platform to provide a clear and conspicuous mechanism by which a child influencer, as defined, can request a vlogger, either directly or through a specified notice process, to delete or edit certain paid content that features the child influencer as a minor, as prescribed. The bill would require the vlogger to delete or edit the content so that the child influencer is no longer featured within 10 business days of receiving the request. The bill would define “vlogger” to mean a person who is a parent, legal guardian, or family member of a child influencer who shared images or video content featuring that child influencer constituting at least 30% of the person’s content shared on social media platforms and who received compensation for sharing that content featuring the child influencer. The bill would authorize a child influencer to bring a specified civil action against a vlogger who violates the bill.

The people of the State of California do enact as follows:

SECTION 1.
Chapter 22.1.3 (commencing with Section 22583) is added to Division 8 of the Business and Professions Code, to read:
22.1.3.
Privacy of Child Influencers22583.
As used in this chapter:
(a) “Child influencer” means a person who is at least 18 years of age who is featured as a minor in paid content on a social media platform.
(b) “Paid content” means image or video content shared on a social media platform by a vlogger for which the vlogger receives compensation.
(c) “Social media platform” has the meaning defined in Section 22675.
(d) “Vlogger” means a person who meets both of the following criteria:
(1) The person is a parent, legal guardian, or family member of a child influencer who shared images or video content featuring that child influencer constituting at least 30 percent of the person’s content shared on social media platforms.
(2) The person received compensation for sharing the content featuring the child influencer described in paragraph (1).

22583.1.
(a) A social media platform shall provide a clear and conspicuous mechanism by which a child influencer can request a vlogger, either directly or pursuant to the notice described in subdivision (b), to delete or edit paid content, pursuant to subdivision (c), that meets both of the following criteria:
(1) The paid content is adequately identified by the child influencer so that the social media platform is able to notify the vlogger who is able to remove the paid content from the social media platform.
(2) The paid content features the child influencer as a minor.
(b) If the mechanism provided pursuant to subdivision (a) does not enable the child influencer to submit a request directly to the vlogger, the social media platform shall notify the vlogger of the request within three business days of its receipt.
(c) Within 10 business days of receiving a notice or direct request pursuant to this section, a vlogger shall delete the paid content or edit the paid content in such a way that the child influencer is no longer featured in the paid content.

22583.2.
(a) A child influencer may bring a civil action against a vlogger who violates this chapter for all of the following relief:
(1) Actual damages.
(2) Statutory damages in the amount of three thousand dollars ($3,000) for each day that a vlogger is in violation of this chapter.
(3) Injunctive relief.
(4) Reasonable attorney’s fees and costs.
(b) In considering whether to grant injunctive relief pursuant to subdivision (a), a court shall consider all of the following:
(1) Emotional harm or substantial embarrassment the paid content causes the child influencer.
(2) Increased risk to the child influencer of harassment or compromised safety.
(3) Loss of control of personal information.
(4) Harm to future opportunities.