Personal rights: liability: social media platforms.

Senator Stern's proposed legislation would establish new civil penalties for social media platforms that enable hate crimes or discriminatory content through their algorithms and content delivery systems. The measure applies to platforms generating over $100 million in annual gross revenue and creates a tiered penalty structure based on the nature of violations.

Under the bill's provisions, platforms face penalties of up to three months of gross revenue for intentional violations, two months for knowing violations, and one month for reckless violations of existing anti-discrimination and civil rights laws. The penalties may double in cases involving minors. The bill defines platform liability to include both direct violations and instances where platforms aid, abet, or conspire in violations through their content moderation practices and algorithmic systems.

The legislation addresses artificial intelligence and algorithmic content delivery by treating these systems as independent platform actions separate from the content itself. Platforms are deemed to have actual knowledge of their AI systems' operations, including how and why content reaches certain users but not others. The bill cites data from multiple organizations documenting recent increases in online hate speech, including a 31% rise in anti-immigrant content and a 400% surge in anti-LGBTQ+ messaging across social media platforms.

The measure builds upon California's existing framework of civil rights protections while creating new enforcement mechanisms specifically for social media companies. It references established legal precedents regarding joint liability and burden of proof in cases where multiple parties may bear responsibility for causing harm. The bill includes standard provisions making any waivers void as contrary to public policy.