Cal. Civ. Code § 3273.65 — Child Sexual Abuse Material Hosted on a Social Media Platform

As used in this title:

(a) “Child pornography” has the same meaning as defined in Section 2256 of Title 18 of the United States Code, as amended from time to time.

(b) “Child sexual abuse material” means either of the following:

(1) Child pornography.

(2) Obscene matter that depicts a minor personally engaging in, or personally simulating, sexual conduct.

(c) “Identifiable minor” has the same meaning as defined in Section 2256 of Title 18 of the United States Code, as amended from time to time.

(d) “Minor” has the same meaning as defined in Section 2256 of Title 18 of the United States Code, as amended from time to time.

(e) “Obscene matter” has the same meaning as defined in Section 311 of the Penal Code.

(f) “Reporting user” means a natural person who reports material to a social media platform using the means provided by the social media platform pursuant to Section 3273.61.

(g) (1) “Social media company” has, except as provided in paragraph (2), the same meaning as defined in Section 22675 of the Business and Professions Code.

(2) “Social media company” does not include a nonprofit organization exempt from federal income tax pursuant to Section 501(c)(3) of the Internal Revenue Code.

(h) (1) “Social media platform” has, except as provided in paragraph (2), the same meaning as defined in Section 22675 of the Business and Professions Code.

(2) “Social media platform” does not include either of the following:

(A) A stand-alone direct messaging service that provides end-to-end encrypted communication or the portion of a multiservice platform that uses end-to-end encrypted communication.

(B) An internet-based service or application owned or operated by a nonprofit organization exempt from federal income tax pursuant to Section 501(c)(3) of the Internal Revenue Code.