Plain English Breakdown
The official text states users certify 'not under penalty of perjury,' which differs from standard legal oaths but still carries an infraction penalty if knowingly false.
AB-392: Rules for Uploading Sexually Explicit Content Online
This law requires websites hosting sexually explicit content to verify user emails and get a statement from users confirming that everyone shown is an adult who agreed to be filmed and uploaded.
What This Bill Does
- Requires website operators to use ordinary care and reasonable diligence to ensure no depicted individuals appear without consent in sexually explicit content.
- Mandates users submit a statement certifying, not under penalty of perjury, that everyone shown was an adult at the time of creation, consented to being recorded, and consents to the upload.
- Makes it illegal for users to knowingly lie in their certification statements by creating a new infraction punishable by a fine as specified.
- Requires website operators to verify a user's email address before allowing them to upload sexually explicit content.
- Allows people shown in the content or public prosecutors to file civil lawsuits if these rules are broken.
Who It Names or Affects
- Operators of internet websites that host pornographic material
- Users who want to upload sexually explicit content to those websites
- Individuals depicted in sexually explicit online content
Terms To Know
- Sexually Explicit Content
- Material defined by the bill that is uploaded to pornographic internet websites.
- Depicted Individual
- Any person who appears in the sexually explicit content being uploaded, as defined by the bill.
- Infraction
- A minor offense punishable by a fine that this bill creates for lying on certification statements.
Limits and Unknowns
- The text states no state reimbursement is required for local agencies, though it mentions this applies for a specified reason without detailing what that reason is.
- The exact dollar amount of fines for the new infraction is not listed in the summary.