AB 886: California Journalism Preservation Act.

Existing law generally regulates online platforms, including by requiring, on a semiannual basis and as specified, a social media company to submit to the Attorney General a terms of service report that includes, among other things, the current version of the terms of service of the social media platform.

This bill, the California Journalism Preservation Act, would require a covered platform, as defined, to either pay at least $____ annually to compensate digital journalism providers, as defined, for accessing the internet websites of the providers, providers for a California audience, where the money is annually adjusted, as specified, and annually distributed to digital journalism providers, as described, or to participate in a final arbitration process, as specified, and fully pay the arbitration award, as provided. The bill would require, commencing not later than March 1, 2025, a covered platform to compile and post on its internet website a list of digital journalism providers providers, as described, that the platform accessed for a California audience during the preceding 12 months. The bill would require a covered platform to provide the above-described list to any digital journalism provider upon request, as specified, and to establish a designated email address to which a request may be submitted.

This bill would prohibit a covered platform from retaliating against a digital journalism provider for asserting its rights under the act by refusing to access content or changing the ranking, identification, modification, branding, or placement of the content of the digital journalism provider on the covered platform. The bill would require a digital journalism provider to spend at least 70% of funds received pursuant to the act on news journalists and support staff employed by the digital journalism provider. The bill would require an eligible digital journalism provider with 5 or fewer employees, to spend at least 50% of funds received pursuant to these provisions on news journalists and support staff employed by the digital journalism provider.

This bill would require, no later than one year after the end of an arbitration proceeding or reaching a settlement in lieu of an arbitration proceeding, or receiving a payment, as specified, and each year thereafter, the digital journalism provider to compile a report containing, among other things, an attestation that the digital journalism provider has complied with the revenue sharing provisions described above. The bill would require a digital journalism provider to publish and distribute that report, as specified. By expanding the scope of the crime of perjury, this bill would impose a state-mandated local program. The bill would authorize a digital journalism provider to seek and obtain injunctive relief to compel compliance, as specified, and would require court costs and reasonable attorneys fees to be awarded to a prevailing provider. The bill would state that its provisions are severable.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.