California lawmakers pass measure to combat child sexual abuse material on social media

California Lawmakers Pass Bill to Combat Child Sexual Abuse Material on Social Media Platforms

California lawmakers have recently passed Assembly Bill 1394, a legislation aimed at combating child sexual abuse material on social media platforms such as Facebook, Snapchat, and TikTok. The bill holds social media companies liable for their failure to remove content that includes child pornography and other obscene material depicting children.

The Sustainable Development Goals (SDGs)

• Goal 4: Quality Education
• Goal 5: Gender Equality
• Goal 8: Decent Work and Economic Growth
• Goal 16: Peace, Justice, and Strong Institutions

The primary objective of Assembly Bill 1394 is to put an end to the practice of social media platforms serving as a superhighway for child sexual abuse materials. Assemblywoman Buffy Wicks (D-Oakland), the author of the legislation, emphasized the importance of this bill in an interview.

The bill unanimously cleared the Senate on Tuesday and was approved by the Assembly on Wednesday. It is now awaiting consideration by the governor.

Efforts to pass a package of bills to make social media safer for young people faced opposition from tech industry groups such as TechNet and NetChoice. These groups expressed concerns that the legislation would lead to platforms being overly cautious and removing lawful content.

Child safety groups and tech companies clashed over proposed amendments to the bill. The child safety groups were worried that these amendments would make it easier for social media platforms to avoid liability for failing to remove child sexual abuse materials. To address these concerns, Wicks made changes to the bill, including delaying its effective date to January 2025. The amendments also provide social media companies with more time to respond to reports about child sexual abuse material and offer a way to pay a lower fine if certain requirements are met.

Despite these amendments, tech groups such as NetChoice and TechNet still opposed the bill, stating that it would likely face legal challenges in court. These groups, along with business organizations like the California Chamber of Commerce, urged lawmakers to postpone passing the bill until the following year.

Earlier this month, other legislation targeting social media platforms failed to pass, highlighting the resistance faced by lawmakers from tech companies. This battle has extended beyond the California Legislature and spilled into the courts. In 2022, lawmakers passed children’s online safety legislation, but groups like NetChoice have sued the state to block its implementation. X, formerly known as Twitter, also sued California last week over a law aimed at increasing transparency in social media content moderation.

Wicks expressed confidence that her bill will withstand any potential legal challenges. She believes that social media companies need to take a more proactive role in addressing the problem of child sexual abuse materials, and this bill will force them to do so.

Under Assembly Bill 1394, social media companies would be prohibited from knowingly facilitating, aiding, or abetting commercial sexual exploitation. If a court determines that a social media platform facilitated, aided, or abetted an act of exploitation, it would be required to award damages ranging from $1 million to $4 million for each act.

Social media companies would also be obligated to provide California users with a way to report child sexual abuse material in which they are depicted and respond to the report within 36 hours. The platform would be required to permanently block the material from being viewed, and failure to do so would result in liability for damages.

Violations of the bill could lead to fines of up to $250,000 per violation. However, if certain requirements are met, including reporting the child sexual abuse material to the National Center for Missing and Exploited Children (NCMEC) and participating in the “Take It Down” program, the fine would be reduced to $75,000 per violation. The “Take It Down” program helps minors remove sexually explicit images and nude photos by assigning a digital fingerprint to reported content.

Major online platforms such as Facebook, Instagram, Snap, and TikTok already participate in the “Take It Down” program and are required by federal law to report child sexual abuse material to NCMEC.

SDGs, Targets, and Indicators

1. SDG 16: Peace, Justice, and Strong Institutions

   • Target 16.2: End abuse, exploitation, trafficking, and all forms of violence against and torture of children
   • Indicator 16.2.3: Proportion of young women and men aged 18-29 years who experienced sexual violence by age 18

2. SDG 5: Gender Equality

   • Target 5.2: Eliminate all forms of violence against all women and girls in the public and private spheres
   • Indicator 5.2.1: Proportion of ever-partnered women and girls aged 15 years and older subjected to physical, sexual, or psychological violence by a current or former intimate partner in the previous 12 months

3. SDG 10: Reduced Inequalities

   • Target 10.2: By 2030, empower and promote the social, economic, and political inclusion of all, irrespective of age, sex, disability, race, ethnicity, origin, religion or economic or other status
   • Indicator 10.2.1: Proportion of people living below 50 percent of median income, by age, sex, and persons with disabilities

Explanation:

1. SDG 16: Peace, Justice, and Strong Institutions is addressed in the article as the legislation aims to combat child sexual abuse material on social media platforms, which is a form of abuse and violence against children. Target 16.2 specifically focuses on ending abuse, exploitation, trafficking, and all forms of violence against children. The indicator 16.2.3, which measures the proportion of young women and men aged 18-29 years who experienced sexual violence by age 18, is relevant to monitor progress towards this target.

2. SDG 5: Gender Equality is connected to the article as it highlights the need to eliminate all forms of violence against women and girls, including child sexual abuse material. Target 5.2 aims to eliminate all forms of violence against women and girls in the public and private spheres. The indicator 5.2.1, which measures the proportion of ever-partnered women and girls aged 15 years and older subjected to physical, sexual, or psychological violence by a current or former intimate partner in the previous 12 months, can be used to track progress towards this target.

3. SDG 10: Reduced Inequalities is relevant to the article as it emphasizes the importance of promoting social inclusion and reducing inequalities in society. Target 10.2 focuses on empowering and promoting the social, economic, and political inclusion of all individuals, regardless of their age, sex, disability, race, ethnicity, origin, religion, or economic status. The indicator 10.2.1, which measures the proportion of people living below 50 percent of median income by age, sex, and persons with disabilities, can be used to measure progress towards this target.

Table: SDGs, Targets, and Indicators

Behold! This splendid article springs forth from the wellspring of knowledge, shaped by a wondrous proprietary AI technology that delved into a vast ocean of data, illuminating the path towards the Sustainable Development Goals. Remember that all rights are reserved by SDG Investors LLC, empowering us to champion progress together.

Source: latimes.com

Join us, as fellow seekers of change, on a transformative journey at https://sdgtalks.ai/welcome, where you can become a member and actively contribute to shaping a brighter future.