California Governor Gavin Newsom recently signed AB 1394, a law that imposes new obligations on social media platforms to prevent and combat child sexual abuse and exploitation. The law is scheduled to take effect on January 1, 2025, and has two primary requirements for social media platforms (SMP): (1) implement a notice-and-staydown requirement for child sexual abuse material (CSAM); and (2) a prohibition against “knowingly facilitat[ing], aid[ing], or abet[ing] commercial sexual exploitation,” as defined by the statute. If a social media company violates the law, it may be liable to the reporting user for actual damages sustained and statutory damages of up to $250,000 per violation.

The law allows for a civil action to be brought by, or on behalf of, a person who is a minor and a victim of commercial sexual exploitation. The law includes a safe harbor provision for platforms that conduct safety audits. Social media platforms may face damages of up to $4 million per violation.

Read the full blog here on Perkins on Privacy.