As the Privacy and Consumer Protection Committee of the California Assembly prepares to review SB 771, the Computer & Communications Industry Association (CCIA) has expressed concerns regarding potential implications for free speech and legal protections. The bill is scheduled for a hearing tomorrow.
The CCIA argues that while it supports measures to protect users online, SB 771 could inadvertently lead to unnecessary censorship. According to the association, the bill might make social media companies reluctant to host legitimate posts due to fears of unwarranted consequences. It suggests that by allowing lawsuits over broad claims of "personal rights" violations, companies may remove more content than necessary, thereby suppressing protected speech and limiting open discourse.
SB 771 proposes allowing Californians to sue large social media platforms if their systems facilitate illegal threats or harassment against protected groups based on race, religion, gender, or sexual orientation. The CCIA warns that this could infringe on platforms' editorial discretion and First Amendment rights long upheld for publishers and digital services. Additionally, there are concerns about conflicts with Section 230 of the federal Communications Decency Act, which protects online services from liability related to user-generated content and moderation decisions made in good faith.
Aodhan Downey, State Policy Manager for CCIA, who is set to testify against the bill on Tuesday stated: “It’s essential that we protect users online, but SB 771 is not the right approach. By exposing platforms to vague and costly lawsuits, this bill would force services to become overly cautious and err on the side of censorship — removing far more speech than necessary and restricting legitimate conversations, all to avoid unfounded litigation. This risks undermining free expression, conflicts with federal law, and ultimately would make the online environment less open and less trustworthy. We urge the Assembly to reject this flawed measure and pursue balanced, effective solutions that will truly protect users while upholding constitutional rights and an open internet.”