California lawmakers passed Senate Bill 771 to reduce the proliferation of hate speech, misinformation, and harassment. It is awaiting Governor Newsom's signature,
The bill applies to social media platforms generating over $100 million in annual revenue, with penalties up to $1 million per violation if a platform's algorithms relay content that violates California's civil rights laws.
SB 771 distinguishes between the content itself and the act of delivering it. As stated in the bill, "deploying an algorithm that relays content to users may be considered to be an act of the platform independent from the message of the content relayed." Under the bill, platforms could be held liable even for third-party content if their algorithms distribute it in a way that violates state laws.
Supporters argue that this approach is necessary to combat the rising tide of online hate and harassment. The bill cites alarming statistics, including a "400-percent rise in anti-LGBTQ+ disinformation" on major platforms.
Critics say the bill is an overreach. As reported by Reclaim The Net, the bill "effectively treats algorithmic content delivery as a legally distinct act," which could prompt platforms to adopt aggressive censorship measures to avoid penalties.
If signed into law, SB 771 would take effect in 2027.
Previously:
• 'We will find you: How a flawed algorithm terrorized welfare recipients
