California will now require social media platforms to publicize their hate speech, disinformation, extremism, and harassment policies on their respective platforms. 

These big social media companies will also be required to file quarterly terms of service (TOS) with the state. California Governor Gavin Newsom said Tuesday that he had signed the bill into law requiring transparency of social media firms, like Facebook and Twitter.

A.B. 587 is widely considered a landmark law but also draws criticism from tech firms and industry groups, all concerned that it may affect Americans' rights to free speech and the First Amendment.

What Does the California Social Media Transparency Law Want to Do?

Reuters reported that the new law signed by Democratic governor Gavin Newsom seeks to protect Californians from disinformation and hate online. The law requires "social media platforms" to post their policies about disinformation, harassment, extremism, and hate speech.

Specifically, the law wants social media firms to publicize what activities are allowed on their platforms and those that can result in actions against the user. Companies should define what actions could constitute removing a certain post and suspending a user's account.

According to Gizmodo, social media giants like Facebook and Twitter will also have to file semiannual reports on "complete and detailed" changes to their TOS to the state's attorney general's office.

Changes must specifically be marked to a specific list of issues, including "harassment," "hate speech or racism," "extremism or radicalization," "disinformation or misinformation," and "foreign political interference."

It must also include a list of necessary disclosures, like "how automated content moderation systems enforce terms of service of the social media platform and when these systems involve human review," and "how the social media company responds to user reports of violations of the terms of service."

Companies should also have their contact information published for users who may want to file complaints about their policies.

"California will not stand by as social media is weaponized to spread hate and disinformation that threaten our communities and foundational values as a country," Newsom said in a statement.

He added that Californians deserve to know "how these platforms are impacting our public discourse, and this action brings much-needed transparency and accountability to the policies that shape the social media content we consume every day." 

The move to sign the law comes after heavy support from state Democratic lawmakers, including California State Assemblymaker Jesse Gabriel.

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Legal Experts, Tech Companies Raise Concern on New Social Media Transparency Law in California

According to Santa Clara University School of Law professor Eric Goldman, the new California social media transparency law might be challenged because of its "unconstitutionality," which could infringe on Americans' rights to the First Amendment and free speech.

"The bill is likely to be struck down as unconstitutional at substantial taxpayer expense. The censorial consequences should trigger the highest level of constitutional scrutiny, but the undue burdens and lack of consumer benefit ensure it won't survive even lower levels of scrutiny," Goldman wrote on his blog.

Meanwhile, the Washington Post reported that some Big Tech firms and tech industry trade groups had filed lawsuits in Texas and Florida in an attempt to block similar social media censorship laws enacted in those states.

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This article is owned by Latin Post.

Written by: Ivan Korrs

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