The Cyberbullying Protection Act (Act), effective Jan. 1, 2023, requires a social media platform to establish a procedure for the reporting of cyberbullying and for the platform’s response to such reports. The platform must disclose its cyberbullying reporting procedures in its terms of service. The Act defines “cyberbullying” to mean any severe or pervasive conduct made by an electronic act committed by a pupil or group of pupils directed toward one or more pupils that has, or can reasonably be predicted to have, effects including placing a reasonable pupil in fear of harm to their person or property. Cyberbullying also includes, “causing a reasonable pupil to experience substantial interference with the pupil’s ability to participate in, or benefit from, the services, activities, or privileges provided by a school.” The Act previously made a social media platform that violates its terms of service related to cyberbullying liable for a civil penalty of up to $7,500 for each intentional violation, to be assessed and recovered in a civil action by the California Attorney General. The Act also authorized a court to order injunctive relief to obtain compliance with the terms of service. The Act previously stated that it does not create a private right of action.
Senate Bill 1504 (SB 1504) makes general revisions to the Act, including extending its provisions to all minors, rather than “pupils,” and amending the definition of “severe or pervasive conduct.” Of particular relevance to private schools, the bill creates a private right of action to enforce the Act. The following individuals may now bring a civil action against a social media platform for an intentional violation of its terms of service related to cyberbullying: 1) a parent or legal guardian of a minor, 2) an administrator in the school that the minor attends, or 3) a city attorney, a district attorney, or a county counsel. The bill also expands the available remedies to a maximum of $10,000 for each violation, as well as compensatory damages, punitive damages, attorney’s fees to a prevailing plaintiff, and any civil remedies, penalties, or sanctions for harms caused by the social media platform’s failure to comply with its terms of service related to cyberbullying.
(AB 1504 amends sections 22589, 22589.1, 22589.2, and 22589.3 of the Business and Professions Code.)