Senate Clears Senator Cortese’s Bill to Remove Child Sex Abuse Material from Social Media Platforms

The State Senate passed a bipartisan bill by Senator Dave Cortese on Monday that creates civil penalties for social media platforms that circulate child sex abuse material. SB 646 would give social media companies two days to remove child sex abuse material — commonly known as child pornography — after it is reported by the victim or their legal guardian. Failure to remove the material after two days would make the social media platform liable for up to $200,000 in civil damages.

“Every second that photos and videos depicting child sex abuse is available on social media, the people exploited and victimized by that content can be further traumatized,” said Senator Cortese (D-San Jose). “Child sex abuse material is not protected speech — it is digitized rape, and it’s time to require social media companies to take it down.”

SB 646 passed the Senate on a 38-0 vote and now heads to the State Assembly to be heard in policy committees.

Despite advances in technology, online child sexual exploitation is on the rise. In 2021, the National Center for Missing and Exploited Children’s CyberTipline received over 29 million reports of child sexual exploitation — a jump of 35 percent from the previous year. Nearly all of those reports related to suspected child sexual abuse materials. A recent survey showed that 85 percent of respondents wanted policymakers to do more to stop this trend.

Victims of child sex abuse have a greater likelihood of suffering from self-harm, depression, anxiety, post-traumatic stress, eating disorders and substance abuse. Victims have also reported insomnia and panic attacks, which can create challenges with concentrating in school or sustaining employment.

In 2006, Congress passed Masha’s Law, also known as the Stop Enabling Sex Traffickers Act (SESTA), which allowed child victims to recover civil damages against anyone who produces, possesses, or distributes any visual depictions of child sex abuse. Then in 2017, Congress passed the Fight Online Sex Trafficking Act (FOSTA), which closed a legal loophole that shielded social media platforms from liability for distribution of child sex abuse materials on their platforms. SB 646 holds social media platforms accountable for their culpability under FOSTA and allows victims to sue in state court under the civil remedies created by Masha’s Law. 

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