§ 27000.5
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/ca/health-and-safety-code/27000-5A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
For purposes of this chapter, the following terms have the following meanings:
(a)“Addictive feed” means an internet website, online service, online application, or mobile application, or a portion thereof, in which multiple pieces of media generated or shared by users are, either concurrently or sequentially, recommended, selected, or prioritized for display to a user based, in whole or in part, on information provided by the user, or otherwise associated with the user or the user’s device, unless any of the following conditions are met, alone or in combination with one another:
(1)The information is not persistently associated with the user or user’s device, and does not concern the user’s previous interactions with media generated or shared by others.
(2)The information consists of search terms that are not persistently associated with the user or user’s device.
(3)The information consists of user-selected privacy or accessibility settings, technical information concerning the user’s device, or device communications or signals concerning whether the user is a minor.
(4)The user expressly and unambiguously requested the specific media or media by the author, creator, or poster of the media, or the blocking, prioritization, or deprioritization of such media, provided that the media is not recommended, selected, or prioritized for display based, in whole or in part, on other information associated with the user or the user’s device, except as otherwise permitted by this chapter and, in the case of audio or video content, is not automatically played.
(5)The media consists of direct, private communications between users.
(6)The media recommended, selected, or prioritized for display is exclusively the next media in a preexisting sequence from the same author, creator, poster, or source and, in the case of audio or video content, is not automatically played.
(7)The recommendation, selection, or prioritization of the media is necessary to comply with this chapter or any regulations promulgated pursuant to this chapter.
(1)“Addictive internet-based service or application” means an internet website, online service, online application, or mobile application, including, but not limited to, a “social media platform” as defined in Section 22675 of the Business and Professions Code, that offers users or provides users with an addictive feed as a significant part of the service provided by that internet website, online service, online application, or mobile application.
(2)“Addictive internet-based service or application” does not apply to either of the following:
(A)An internet website, online service, online application, or mobile application for which interactions between users are limited to commercial transactions or to consumer reviews of products, sellers, services, events, or places, or any combination thereof.
(B)An internet website, online service, online application, or mobile application that operates a feed for the primary purpose of cloud storage.
(c)“Media” means text, audio, an image, or a video.
(d)“Minor” means an individual under 18 years of age who is located in the State of California.
(e)“Operator” means a person who operates or provides an internet website, an online service, an online application, or a mobile application.
(f)“Parent” means a parent or guardian, including as defined in regulations promulgated pursuant to this chapter.
(g)“User” means a person who uses an internet website, online service, online application, or mobile application. “User” does not include the operator or a person acting as an agent of the operator.