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Bill

AB 1705

Pornographic internet websites.

2025-2026 Regular Session Introduced by Rebecca Bauer-Kahan and 1 co-sponsor

AB 1705 requires porn sites to verify uploaders and certify that depicted individuals are adults and consent, and to remove non-consensual or minor content or face civil penalties.

Read second time and amended. Re-referred to Com. on APPR.
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WeVote Research Nonpartisan
Bill Summary · AB 1705

Summary of AB 1705 (2025-2026) – Pornographic Internet Websites (California)

Purpose and intent

  • AB 1705 proposes new privacy and safety requirements for operators of pornographic internet websites. The core aim is to reduce the distribution of sexually explicit content involving depicted individuals who did not consent, were minors, or were uploaded without consent, by imposing duties on operators and certain verification steps for users.

Key provisions and changes

  • Structure and definitions

    • Adds Chapter 22.6.10 to Division 8 of the Business and Professions Code.
    • Defines critical terms:
    • “Depicted individual” includes persons depicted nude or in sexual acts who did not consent, were minors, or did not consent to upload.
    • “Sexually explicit content” includes any portion showing a depicted individual nude or engaging in sexual conduct, with exceptions for content with serious literary, artistic, or scientific value.
    • “Pornographic internet website” means sites that allow users to upload or solicit sexually explicit content.
    • “Operator” means the person who operates the website.
    • “Internet website” excludes certain communications or storage-only services (e.g., email/direct messaging, cloud storage).
    • “User” means a person or entity uploading content.

  • Operator duties (safety and accuracy)

    • Operators must exercise ordinary care and reasonable diligence to ensure that each instance of sexually explicit content displayed does not include a depicted individual (22612).
    • Operators must take reasonable steps to ensure that each instance of sexually explicit content uploaded does not include a depicted individual (22614).

  • User verification and content submission (upload prerequisites)

    • Before uploading sexually explicit content, a user must submit:
    • A perjury-certified statement that each depicted individual meets criteria (not a minor at creation,-consent to upload, consent to depiction).
    • Contact information sufficient to reach the user (at least an email address) (22614(a)(2)).
    • If an operator does not obtain this statement, the operator is presumed to have violated 22612 (22614(a)(3)).
    • Providing false information in the certification is an infraction with a $1,000 fine (22614(a)(4)).
    • Operators must retain these statements and associated information for at least seven years (22614(b)).
    • Operators must verify a user’s email address before allowing uploads (22614(c)).
    • Operators may require the submission to occur through a specified mechanism (22614(d)).

  • Civil and enforcement remedies

    • Depicted individuals harmed by content uploaded or displayed in violation may sue the operator for damages and may sue the uploader if they knew or should have known the content included a depicted person (22616(a)).
    • Available relief for plaintiffs includes:
    • Actual or statutory damages up to $75,000 per violation (whichever is greater).
    • Punitive damages, attorney’s fees, costs, and injunctive relief (22616(b)).
    • Public prosecutors may bring civil actions to enforce the chapter, seeking:
    • Civil penalties of $25,000 per violation.
    • Injunctive and other equitable relief, attorney’s fees, costs, and other appropriate relief (22616(c)).
    • Each full calendar day that a violation remains accessible constitutes a separate violation (22616(d)).
    • Remedies are cumulative with other laws (22618).

  • General fiscal note

    • The act states no general reimbursement is required for local agencies or school districts (as per Government Code Chapter 17556 and related provisions) because state-mandated costs are not anticipated in this context.

Who would be affected

  • Operators of pornographic internet websites that allow user uploads and displays of sexually explicit content.
  • Users who upload content to such sites (subject to verification and certification requirements).
  • Depicted individuals who claim harm or who are minors or non-consenting, who may pursue civil actions against operators or uploaders.
  • Public prosecutors, who could bring civil actions to enforce penalties and injunctive relief.

Procedural and timeline aspects

  • Legislative status (as of the provided history)
    • Introduced February 4, 2026.
    • Referred to committees, with multiple hearings and approvals through May 2026.
    • Passed committee votes and advanced to third reading; status shows readiness for further floor action in May 2026.
  • Effective date and enforcement specifics are not included in the text provided; typical implementation would occur after enactment and any specified effective date.

Observations and considerations

  • The bill imposes new affirmative duties on operators to vet and monitor content, and to collect personal verification information from uploaders.
  • It creates civil liability pathways for depicted individuals and enforcement penalties for operators and uploaders who fail to comply.
  • The law distinguishes between depictions involving consenting adults and those involving non-consent or minors, aiming to curb exploitation and non-consensual uploads.
  • By defining “deemed violations” and tying penalties to per-violation bases and daily continuances, it creates a strong incentive for operators to actively screen content.

If you’d like, I can provide a side-by-side comparison with existing California privacy or content-regulation statutes, or draft a simplified one-page explainer for non-lawyer audiences.

Compiled from official sources — confirm details with the bill’s official record.

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