SACRAMENTO, Cal. — Governor Gavin Newsom has signed into law a bill to impose tighter compliance standards for user-generated content (UGC) on adult websites accessible in California.
As XBIZ reported last month, when the California state legislature approved the new law, AB 1705 goes beyond federal 2257 regulations, imposing significant new obligations for adult sites that permit users or creators to upload content.
Site operators will now have to require users to submit an email address, along with a statement certifying — under penalty of perjury — that each individual depicted in the content was not a minor at the time the content was created, consented to being depicted in the content, and consented to the content being uploaded to the website. Site operators will also have to verify each user’s email address before permitting uploading, and retain the statement and information for at least seven years.
Sites and uploaders will be subject to civil actions by depicted individuals for damages of up to $75,000 per violation, along with punitive damages and legal fees. Public prosecutors can bring civil actions, and seek penalties of $25,000 per violation along with other relief and fees.
If adult content does not conform to the new regulations, then each day such content is displayed will constitute a separate violation of the law.
The new law takes effect Jan. 1.
