CA AB1946: Reporting mechanism: child sexual abuse material.

In one paragraph

California's AB 1946 amends the law on social media platforms and child sexual abuse material (Civil Code §§ 3273.65-3273.67, 3345.1). CSAM now includes intimate visual depictions of identifiable minors, including digital forgeries made with software, machine learning or AI. Any California user may report CSAM through a clear and conspicuous mechanism, not only people depicted; reports with no known hash match must get human review; reported CSAM must be blocked within 48 hours. Public prosecutors may seek up to $250,000 per day and depicted individuals may sue for damages. Signed September 10, 2026 (Chapter 185); effective January 1, 2027.

Plain-English summary, written with AI assistance. The official text controls.

What it means for business

Social media platforms: from January 1, 2027, AI-generated intimate images of identifiable minors count as CSAM; take reports from any California user, have a person review reports with no hash match, and block within 48 hours. Penalties up to $250,000 per day; victims may sue.

Key provisions

1. 1CSAM: child pornography (18 U.S.C. § 2256) or an intimate visual depiction of an identifiable individual who is a minor; intimate visual depictions include digital forgeries created with software, machine learning, AI or other technological means that a reasonable person could not tell from an authentic depiction; a depicted individual includes one depicted as a minor through digitization or AI (§ 3273.65)
2. 2Platforms must give California residents a clear and conspicuous reporting mechanism without dark patterns, covering material in direct messages that are not end-to-end encrypted; the reporter no longer has to be depicted; an unavailable or broken mechanism must be restored (§ 3273.66)
3. 3A natural person must review a report when there is no established or known hash match to CSAM and the material is not otherwise blocked; within 48 hours platforms must permanently block reported material with a reasonable basis to be CSAM, confirm actions within 72 hours (stating whether hash matching and human review occurred) and give a final determination within seven days
4. 4The Attorney General, district attorneys, city attorneys and county counsel may seek civil penalties up to $250,000 per day of violation (up to $75,000 for some first notice failures) and injunctions; Attorney General recoveries go to the Survivor Support Fund (§ 3273.67)
5. 5Depicted individuals, or a parent, guardian or other representative, may sue for actual damages, statutory damages up to $250,000 per violation (capped at $125,000 if the material was blocked before suit, or $75,000 for some violations by platforms using NCMEC's Take It Down hashes and CyberTipline as specified), fees and costs
6. 6Commercial sexual exploitation (§ 3345.1): the four-consecutive-month reporting condition for deemed knowledge is removed; the audit safe harbor now also requires submitting the biannual audits of designs, algorithms and features to the Attorney General, confidential and exempt from the Public Records Act
7. 7Signed September 10, 2026 (Chapter 185, Statutes of 2026); effective January 1, 2027

Latest legislative action

Sep 10, 2026. Chaptered by Secretary of State - Chapter 185, Statutes of 2026.

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