California Passes FLASH Act

The California State Senate has passed legislation to ban the transmission of unsolicited sexually explicit photos and movies without the need of the recipient’s consent – a observe known as ‘cyber flashing.’

Senate Bill 53, also identified as the FLASH (Forbid Lewd Action and Sexual Harassment) Act, was passed on Monday with bipartisan aid.

Launched in February 2020 by senators Connie Leyva and Lena Gonzalez, the legislation would create legal protections for users of technology who get specific sexual consent, which they have not asked for.

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SB 53 would give victims of cyber flashing a private right of motion versus any person who knows or reasonably ought to know that a lewd image they sent was unsolicited. The invoice would entitle the plaintiff to get well financial and non-economic damages or statutory damages among $1500 and $30,000, as very well as punitive damages, acceptable attorney’s expenses and costs and other obtainable aid, such as injunctive reduction.

“I take pleasure in the Senate’s aid of SB 53 as we are now one particular stage nearer to last but not least keeping perpetrators of cyber flashing accountable for their abusive habits and steps,” Senator Leyva claimed. 

“This kind of technology-primarily based sexual harassment is far much more pervasive than quite a few Californians notice, so it is essential that we empower survivors that receive these unwanted photos or films.”

In accordance to the Pew Analysis Centre, 53% of youthful American ladies and 37% of youthful American gentlemen have been despatched unsolicited express content even though online. Most women of all ages who obtained uncalled for X-rated articles documented staying despatched this materials via social media platforms, including Snapchat, Instagram, LinkedIn, Twitter and Facebook. 

Cyber flashing also occurs through courting platforms, text messages, email and via the ‘AirDropping’ of articles in community areas.

The FLASH Act has the aid of the dating application Bumble, whose CEO Whitney Wolfe Herd sees a will need for stronger rules to defend internet end users.

“An too much to handle greater part of our time is used on the web and there are simply not plenty of legal guidelines and deterrents in location to protect us, and women of all ages and small children in unique,” said Wolfe Herd.

“It falls on us in the technology and social media area to function hand in hand with local authorities and legislators to isolate the complications and create solutions just like the FLASH Act staying launched by Senator Leyva.”