{
  "batch": "169-california-privacy-and-image-law-for-creators",
  "articles": [
    {
      "id": "learn_r169_california_privacy_and_image_law_for_creators_ca_codes_anchor",
      "category": "Safety",
      "title": "[Unverified - being checked] California's official codified statutes are published on the California Legislature's own law website, organised into named codes",
      "summary": "[Unverified - being checked] California's statutory law is codified and indexed in the California Codes, published on the California Legislature's official law website at leginfo.legislature.ca.gov, with Civil, Penal, Government, and Corporations Codes among the titles a creator uses to protect a real name, home address, and image.",
      "body": "California's statutory law is codified and indexed in the California Codes, published on the California Legislature's official law website at leginfo.legislature.ca.gov, with Civil, Penal, Government, and Corporations Codes among the titles a creator uses to protect a real name, home address, and image.\n\nWhat California Legislative Information (California Legislature) actually says:\n\n“California Codes: Search”\n\nNote: Hidden document title and heading of the official code-selection page (leginfo.legislature.ca.gov). The page lists all 29 codes plus the Constitution; the code abbreviations shown are used in every section URL opened below.",
      "source_type": "official",
      "source_link": "https://leginfo.legislature.ca.gov/faces/codes.xhtml",
      "last_verified": "2026-09-12",
      "reliability": "VERIFIED RULE",
      "source_tier": "A",
      "source_publisher": "California Legislative Information (California Legislature)",
      "evidence_quote": "California Codes: Search",
      "volatility": "low",
      "from_batch": "169-california-privacy-and-image-law-for-creators",
      "subject": "California Codes (California Legislature official law site)",
      "topic": "California's official codified statutes are published on the California Legislature's own law website, organised into named codes",
      "applies_to_country": "US",
      "applies_to_scope": "State of California. Anchors the batch: every statutory record below comes from this official index.",
      "tags": {
        "lane": "any",
        "stage": "choosing",
        "region": [
          "us",
          "us-ca"
        ],
        "platform": "any",
        "topic": [
          "safety.legal"
        ],
        "explicitness": "any"
      },
      "verification": {
        "status": "failed",
        "label": "Unverified - being checked",
        "reasons": [
          "placeholder_quote_too_short",
          "strong_label_on_weak_content"
        ],
        "checked_utc": "20261021-123916Z"
      }
    },
    {
      "id": "learn_r169_california_privacy_and_image_law_for_creators_ca_civ_1708_85_remedy",
      "category": "Safety",
      "title": "[Unverified - being checked] Civil remedy for non-consensual distribution of intimate images - who may sue, elements, and damages",
      "summary": "[Unverified - being checked] A person whose intimate image or image of them in an act of intercourse, oral copulation, sodomy, sexual penetration, or masturbation is distributed without consent may bring the private cause of action in Civil Code section 1708.85; it lies against the distributor where the distributor knew or should have known the material was expected to remain private and the plaintiff suffers general or special damages as described in Civil Code section 48a, and the section names no separate statutory (liquidated) damages figure.",
      "body": "A person whose intimate image or image of them in an act of intercourse, oral copulation, sodomy, sexual penetration, or masturbation is distributed without consent may bring the private cause of action in Civil Code section 1708.85; it lies against the distributor where the distributor knew or should have known the material was expected to remain private and the plaintiff suffers general or special damages as described in Civil Code section 48a, and the section names no separate statutory (liquidated) damages figure.\n\nWhat California Legislative Information (leginfo.legislature.ca.gov) actually says:\n\n“(a) A private cause of action lies against a person who intentionally distributes by any means a photograph, film, videotape, recording, or any other reproduction of another, without the other’s consent, if (1) the person knew, or reasonably should have known, that the other person had a reasonable expectation that the material would remain private, (2) the distributed material exposes an intimate body part of the other person, or shows the other person engaging in an act of intercourse, oral copulation, sodomy, or other act of sexual penetration, and (3) the other person suffers general or special damages as described in Section 48a.”\n\nNote: Current text amended by Stats. 2021, Ch. 518, Sec. 1 (AB 514), effective January 1, 2022. Subdivision (d) adds injunctive and equitable relief (TRO, preliminary or permanent injunction). The section contains no per-se statutory damages amount; recoverable damages run through Civil Code section 48a. The section also states no limitation period of its own - see could_not_verify entry 1.",
      "source_type": "official",
      "source_link": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV&sectionNum=1708.85",
      "last_verified": "2026-09-12",
      "reliability": "VERIFIED RULE",
      "source_tier": "A",
      "source_publisher": "California Legislative Information (leginfo.legislature.ca.gov)",
      "evidence_quote": "(a) A private cause of action lies against a person who intentionally distributes by any means a photograph, film, videotape, recording, or any other reproduction of another, without the other’s consent, if (1) the person knew, or reasonably should have known, that the other person had a reasonable expectation that the material would remain private, (2) the distributed material exposes an intimate body part of the other person, or shows the other person engaging in an act of intercourse, oral copulation, sodomy, or other act of sexual penetration, and (3) the other person suffers general or special damages as described in Section 48a.",
      "volatility": "medium",
      "from_batch": "169-california-privacy-and-image-law-for-creators",
      "subject": "California Civil Code section 1708.85",
      "topic": "Civil remedy for non-consensual distribution of intimate images - who may sue, elements, and damages",
      "applies_to_country": "US",
      "applies_to_scope": "California civil law",
      "tags": {
        "lane": "any",
        "stage": "trouble",
        "region": [
          "us",
          "us-ca"
        ],
        "platform": "any",
        "topic": [
          "safety.legal",
          "safety.harm"
        ],
        "explicitness": "explicit_solo"
      },
      "verification": {
        "status": "unverified",
        "label": "Unverified - being checked",
        "reasons": [
          "legal_fetch_over_cap"
        ],
        "checked_utc": "20261021-123916Z"
      }
    },
    {
      "id": "learn_r169_california_privacy_and_image_law_for_creators_ca_civ_1708_85_fees",
      "category": "Safety",
      "title": "[Unverified - being checked] Whether attorney's fees are recoverable in the non-consensual intimate image civil action",
      "summary": "[Unverified - being checked] In a Civil Code section 1708.85 action for non-consensual distribution of intimate images, the court may award reasonable attorney's fees and costs to the prevailing plaintiff after a properly noticed hearing.",
      "body": "In a Civil Code section 1708.85 action for non-consensual distribution of intimate images, the court may award reasonable attorney's fees and costs to the prevailing plaintiff after a properly noticed hearing.\n\nWhat California Legislative Information (leginfo.legislature.ca.gov) actually says:\n\n“(e) The court may also grant, after holding a properly noticed hearing, reasonable attorney’s fees and costs to the prevailing plaintiff.”\n\nNote: Read from the same page as record ca.civ-1708.85.remedy (amended by Stats. 2021, Ch. 518, Sec. 1, effective January 1, 2022).",
      "source_type": "official",
      "source_link": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV&sectionNum=1708.85",
      "last_verified": "2026-09-12",
      "reliability": "VERIFIED RULE",
      "source_tier": "A",
      "source_publisher": "California Legislative Information (leginfo.legislature.ca.gov)",
      "evidence_quote": "(e) The court may also grant, after holding a properly noticed hearing, reasonable attorney’s fees and costs to the prevailing plaintiff.",
      "volatility": "medium",
      "from_batch": "169-california-privacy-and-image-law-for-creators",
      "subject": "California Civil Code section 1708.85",
      "topic": "Whether attorney's fees are recoverable in the non-consensual intimate image civil action",
      "applies_to_country": "US",
      "applies_to_scope": "California civil law",
      "tags": {
        "lane": "any",
        "stage": "trouble",
        "region": [
          "us",
          "us-ca"
        ],
        "platform": "any",
        "topic": [
          "safety.legal"
        ],
        "explicitness": "explicit_solo"
      },
      "verification": {
        "status": "unverified",
        "label": "Unverified - being checked",
        "reasons": [
          "legal_fetch_over_cap"
        ],
        "checked_utc": "20261021-123916Z"
      }
    },
    {
      "id": "learn_r169_california_privacy_and_image_law_for_creators_ca_civ_1708_85_pseudonym",
      "category": "Safety",
      "title": "[Unverified - being checked] California Civil Code section 1708.85: Protecting the real name and address inside the lawsuit itself - pseudonymous filing and redaction",
      "summary": "[Unverified - being checked] A plaintiff suing under Civil Code section 1708.85 may proceed under the pseudonym John Doe, Jane Doe, or Doe for their true name and may exclude or redact identifying characteristics - including their name and address - from all pleadings and documents, keeping the true name confidential with the court.",
      "body": "A plaintiff suing under Civil Code section 1708.85 may proceed under the pseudonym John Doe, Jane Doe, or Doe for their true name and may exclude or redact identifying characteristics - including their name and address - from all pleadings and documents, keeping the true name confidential with the court.\n\nWhat California Legislative Information (leginfo.legislature.ca.gov) actually says:\n\n“(f) (1) A plaintiff in a civil proceeding pursuant to subdivision (a), may proceed using a pseudonym, either John Doe, Jane Doe, or Doe, for the true name of the plaintiff and may exclude or redact from all pleadings and documents filed in the action other identifying characteristics of the plaintiff.”\n\nNote: Subdivision (f)(3)(A) defines 'identifying characteristics' to include any part of the name or address; (f)(5) lets the court clerk restrict access to the court file, allowing access to the public only 60 days after judgment unless sealed.",
      "source_type": "official",
      "source_link": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV&sectionNum=1708.85",
      "last_verified": "2026-09-12",
      "reliability": "VERIFIED RULE",
      "source_tier": "A",
      "source_publisher": "California Legislative Information (leginfo.legislature.ca.gov)",
      "evidence_quote": "(f) (1) A plaintiff in a civil proceeding pursuant to subdivision (a), may proceed using a pseudonym, either John Doe, Jane Doe, or Doe, for the true name of the plaintiff and may exclude or redact from all pleadings and documents filed in the action other identifying characteristics of the plaintiff.",
      "volatility": "medium",
      "from_batch": "169-california-privacy-and-image-law-for-creators",
      "subject": "California Civil Code section 1708.85",
      "topic": "Protecting the real name and address inside the lawsuit itself - pseudonymous filing and redaction",
      "applies_to_country": "US",
      "applies_to_scope": "California civil law",
      "tags": {
        "lane": "any",
        "stage": "trouble",
        "region": [
          "us",
          "us-ca"
        ],
        "platform": "any",
        "topic": [
          "safety.privacy",
          "safety.legal"
        ],
        "explicitness": "explicit_solo"
      },
      "verification": {
        "status": "unverified",
        "label": "Unverified - being checked",
        "reasons": [
          "legal_fetch_over_cap"
        ],
        "checked_utc": "20261021-123916Z"
      }
    },
    {
      "id": "learn_r169_california_privacy_and_image_law_for_creators_ca_pen_647_misdemeanor",
      "category": "Safety",
      "title": "[Unverified - being checked] California Penal Code section 647: Penalty class of the criminal counterpart to the intimate-image civil remedy (revenge porn)",
      "summary": "[Unverified - being checked] The criminal offence of intentionally distributing another person's intimate image (Penal Code section 647(j)(4), commonly called revenge porn) is penalised as disorderly conduct, a misdemeanor.",
      "body": "The criminal offence of intentionally distributing another person's intimate image (Penal Code section 647(j)(4), commonly called revenge porn) is penalised as disorderly conduct, a misdemeanor.\n\nWhat California Legislative Information (leginfo.legislature.ca.gov) actually says:\n\n“Except as provided in paragraph (5) of subdivision (b) and in subdivisions (k) and (l), a person who commits any of the following acts is guilty of disorderly conduct, a misdemeanor:”\n\nNote: Current text amended by Stats. 2025, Ch. 82, Sec. 4 (AB 379), effective January 1, 2026. Section 647(k)(1) separately punishes a second or subsequent violation of subdivision (j) by county jail not exceeding one year and/or a fine not exceeding $2,000, and paragraph (k)(2)-(3) covers juvenile victims; read at the same URL on 2026-09-12.",
      "source_type": "official",
      "source_link": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN&sectionNum=647",
      "last_verified": "2026-09-12",
      "reliability": "VERIFIED RULE",
      "source_tier": "A",
      "source_publisher": "California Legislative Information (leginfo.legislature.ca.gov)",
      "evidence_quote": "Except as provided in paragraph (5) of subdivision (b) and in subdivisions (k) and (l), a person who commits any of the following acts is guilty of disorderly conduct, a misdemeanor:",
      "volatility": "medium",
      "from_batch": "169-california-privacy-and-image-law-for-creators",
      "subject": "California Penal Code section 647",
      "topic": "Penalty class of the criminal counterpart to the intimate-image civil remedy (revenge porn)",
      "applies_to_country": "US",
      "applies_to_scope": "California criminal law",
      "tags": {
        "lane": "any",
        "stage": "trouble",
        "region": [
          "us",
          "us-ca"
        ],
        "platform": "any",
        "topic": [
          "safety.legal",
          "rules.enforcement"
        ],
        "explicitness": "explicit_solo"
      },
      "verification": {
        "status": "unverified",
        "label": "Unverified - being checked",
        "reasons": [
          "legal_fetch_over_cap"
        ],
        "checked_utc": "20261021-123916Z"
      }
    },
    {
      "id": "learn_r169_california_privacy_and_image_law_for_creators_ca_pen_647_j4",
      "category": "Safety",
      "title": "[Unverified - being checked] California Penal Code section 647(j)(4): Criminal offence text of the revenge-porn distribution statute",
      "summary": "[Unverified - being checked] Penal Code section 647(j)(4) makes it a crime to intentionally distribute, or cause the distribution of, an image of another identifiable person's intimate body parts, or an image of that person engaged in sexual intercourse, sodomy, oral copulation, sexual penetration, or masturbation, when the distributor knows or should know the distribution will cause serious emotional distress, the person depicted suffers it, and the image was private by agreement, obtained without authorization, or obtained by exceeding authorized access.",
      "body": "Penal Code section 647(j)(4) makes it a crime to intentionally distribute, or cause the distribution of, an image of another identifiable person's intimate body parts, or an image of that person engaged in sexual intercourse, sodomy, oral copulation, sexual penetration, or masturbation, when the distributor knows or should know the distribution will cause serious emotional distress, the person depicted suffers it, and the image was private by agreement, obtained without authorization, or obtained by exceeding authorized access.\n\nWhat California Legislative Information (leginfo.legislature.ca.gov) actually says:\n\n“(4) (A) (i) A person who intentionally distributes or causes to be distributed the image of the intimate body part or parts of another identifiable person, or an image of the person depicted engaged in an act of sexual intercourse, sodomy, oral copulation, sexual penetration, or an image of masturbation by the person depicted or in which the person depicted participates, when subclauses (I) to (III), inclusive, are all true: (I) The person distributing the image knows or should know that the distribution of the image will cause serious emotional distress. (II) The person depicted suffers serious emotional distress. (III) One of the following has occurred: (ia) The person depicted in the image and the person distributing the image had agreed or had an understanding that the image shall remain private. (ib) The image was knowingly recorded, captured, or otherwise obtained by the person distributing the image without the authorization of the person depicted, and the image was recorded or captured under circumstances in which the person depicted had a reasonable expectation of privacy. (ic) The image is knowingly obtained by the person distributing the image by exceeding authorized access from the property, accounts, messages, files, or resources of the person depicted.”\n\nNote: Subdivision (j)(4)(A)(ii) extends the offence to 'photo realistic' digital or computer-generated images (deepfakes); subdivision (j)(4)(D) lists defences (reporting unlawful activity, subpoena or court order, lawful public proceeding, matter of public concern).",
      "source_type": "official",
      "source_link": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN&sectionNum=647",
      "last_verified": "2026-09-12",
      "reliability": "VERIFIED RULE",
      "source_tier": "A",
      "source_publisher": "California Legislative Information (leginfo.legislature.ca.gov)",
      "evidence_quote": "(4) (A) (i) A person who intentionally distributes or causes to be distributed the image of the intimate body part or parts of another identifiable person, or an image of the person depicted engaged in an act of sexual intercourse, sodomy, oral copulation, sexual penetration, or an image of masturbation by the person depicted or in which the person depicted participates, when subclauses (I) to (III), inclusive, are all true: (I) The person distributing the image knows or should know that the distribution of the image will cause serious emotional distress. (II) The person depicted suffers serious emotional distress. (III) One of the following has occurred: (ia) The person depicted in the image and the person distributing the image had agreed or had an understanding that the image shall remain private. (ib) The image was knowingly recorded, captured, or otherwise obtained by the person distributing the image without the authorization of the person depicted, and the image was recorded or captured under circumstances in which the person depicted had a reasonable expectation of privacy. (ic) The image is knowingly obtained by the person distributing the image by exceeding authorized access from the property, accounts, messages, files, or resources of the person depicted.",
      "volatility": "medium",
      "from_batch": "169-california-privacy-and-image-law-for-creators",
      "subject": "California Penal Code section 647(j)(4)",
      "topic": "Criminal offence text of the revenge-porn distribution statute",
      "applies_to_country": "US",
      "applies_to_scope": "California criminal law",
      "tags": {
        "lane": "any",
        "stage": "trouble",
        "region": [
          "us",
          "us-ca"
        ],
        "platform": "any",
        "topic": [
          "safety.legal",
          "safety.harm"
        ],
        "explicitness": "explicit_solo"
      },
      "verification": {
        "status": "unverified",
        "label": "Unverified - being checked",
        "reasons": [
          "legal_fetch_over_cap"
        ],
        "checked_utc": "20261021-123916Z"
      }
    },
    {
      "id": "learn_r169_california_privacy_and_image_law_for_creators_ca_pen_653_2",
      "category": "Safety",
      "title": "[Unverified - being checked] California Penal Code section 653.2: Sexual cyberharassment / doxxing offence and its penalty",
      "summary": "[Unverified - being checked] Penal Code section 653.2 makes it a misdemeanor - punishable by up to one year in county jail, a fine of not more than $1,000, or both - to electronically distribute, publish, e-mail, hyperlink, or make available another person's personal identifying information, including a digital image of that person, without consent, with the intent to place the person in reasonable fear for their safety and to incite a third party to commit unwanted physical contact, injury, or harassment.",
      "body": "Penal Code section 653.2 makes it a misdemeanor - punishable by up to one year in county jail, a fine of not more than $1,000, or both - to electronically distribute, publish, e-mail, hyperlink, or make available another person's personal identifying information, including a digital image of that person, without consent, with the intent to place the person in reasonable fear for their safety and to incite a third party to commit unwanted physical contact, injury, or harassment.\n\nWhat California Legislative Information (leginfo.legislature.ca.gov) actually says:\n\n“(a) Every person who, with intent to place another person in reasonable fear for his or her safety, or the safety of the other person’s immediate family, by means of an electronic communication device, and without consent of the other person, and for the purpose of imminently causing that other person unwanted physical contact, injury, or harassment, by a third party, electronically distributes, publishes, e-mails, hyperlinks, or makes available for downloading, personal identifying information, including, but not limited to, a digital image of another person, or an electronic message of a harassing nature about another person, which would be likely to incite or produce that unlawful action, is guilty of a misdemeanor punishable by up to one year in a county jail, by a fine of not more than one thousand dollars ($1,000), or by both that fine and imprisonment.”\n\nNote: This is California's electronic-doxxing / cyber-harassment provision; subdivision (b) defines 'electronic communication device', and subdivision (c) defines 'harassment' as a knowing and willful course of conduct that seriously alarms, annoys, torments, or terrorizes.",
      "source_type": "official",
      "source_link": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN&sectionNum=653.2",
      "last_verified": "2026-09-12",
      "reliability": "VERIFIED RULE",
      "source_tier": "A",
      "source_publisher": "California Legislative Information (leginfo.legislature.ca.gov)",
      "evidence_quote": "(a) Every person who, with intent to place another person in reasonable fear for his or her safety, or the safety of the other person’s immediate family, by means of an electronic communication device, and without consent of the other person, and for the purpose of imminently causing that other person unwanted physical contact, injury, or harassment, by a third party, electronically distributes, publishes, e-mails, hyperlinks, or makes available for downloading, personal identifying information, including, but not limited to, a digital image of another person, or an electronic message of a harassing nature about another person, which would be likely to incite or produce that unlawful action, is guilty of a misdemeanor punishable by up to one year in a county jail, by a fine of not more than one thousand dollars ($1,000), or by both that fine and imprisonment.",
      "volatility": "medium",
      "from_batch": "169-california-privacy-and-image-law-for-creators",
      "subject": "California Penal Code section 653.2",
      "topic": "Sexual cyberharassment / doxxing offence and its penalty",
      "applies_to_country": "US",
      "applies_to_scope": "California criminal law",
      "tags": {
        "lane": "any",
        "stage": "trouble",
        "region": [
          "us",
          "us-ca"
        ],
        "platform": "any",
        "topic": [
          "safety.legal",
          "safety.harm"
        ],
        "explicitness": "any"
      },
      "verification": {
        "status": "unverified",
        "label": "Unverified - being checked",
        "reasons": [
          "legal_fetch_over_cap"
        ],
        "checked_utc": "20261021-123916Z"
      }
    },
    {
      "id": "learn_r169_california_privacy_and_image_law_for_creators_ca_pen_646_9_offense",
      "category": "Safety",
      "title": "[Unverified - being checked] California Penal Code section 646.9: Criminal stalking statute: offence elements and base penalty",
      "summary": "[Unverified - being checked] Penal Code section 646.9 makes it the crime of stalking to willfully, maliciously, and repeatedly follow or harass another person and make a credible threat with the intent to place them in reasonable fear for their safety or the safety of their immediate family, punishable by imprisonment in county jail for not more than one year, a fine of not more than $1,000, or both, or by imprisonment in state prison (a wobbler).",
      "body": "Penal Code section 646.9 makes it the crime of stalking to willfully, maliciously, and repeatedly follow or harass another person and make a credible threat with the intent to place them in reasonable fear for their safety or the safety of their immediate family, punishable by imprisonment in county jail for not more than one year, a fine of not more than $1,000, or both, or by imprisonment in state prison (a wobbler).\n\nWhat California Legislative Information (leginfo.legislature.ca.gov) actually says:\n\n“(a) Any person who willfully, maliciously, and repeatedly follows or willfully and maliciously harasses another person and who makes a credible threat with the intent to place that person in reasonable fear for their safety, or the safety of their immediate family, is guilty of the crime of stalking, punishable by imprisonment in a county jail for not more than one year, or by a fine of not more than one thousand dollars ($1,000), or by both that fine and imprisonment, or by imprisonment in the state prison.”\n\nNote: Current text amended by Stats. 2025, Ch. 576, Sec. 1 (SB 221), effective January 1, 2026. Subdivision (b): a violation while a protective or other court order is in effect is punishable by 2, 3, or 4 years in state prison; (k): the court may enter a 10-year no-contact restraining order. The online-conduct coverage is recorded separately as ca.pen-646.9.electronic.",
      "source_type": "official",
      "source_link": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN&sectionNum=646.9",
      "last_verified": "2026-09-12",
      "reliability": "VERIFIED RULE",
      "source_tier": "A",
      "source_publisher": "California Legislative Information (leginfo.legislature.ca.gov)",
      "evidence_quote": "(a) Any person who willfully, maliciously, and repeatedly follows or willfully and maliciously harasses another person and who makes a credible threat with the intent to place that person in reasonable fear for their safety, or the safety of their immediate family, is guilty of the crime of stalking, punishable by imprisonment in a county jail for not more than one year, or by a fine of not more than one thousand dollars ($1,000), or by both that fine and imprisonment, or by imprisonment in the state prison.",
      "volatility": "medium",
      "from_batch": "169-california-privacy-and-image-law-for-creators",
      "subject": "California Penal Code section 646.9",
      "topic": "Criminal stalking statute: offence elements and base penalty",
      "applies_to_country": "US",
      "applies_to_scope": "California criminal law",
      "tags": {
        "lane": "any",
        "stage": "trouble",
        "region": [
          "us",
          "us-ca"
        ],
        "platform": "any",
        "topic": [
          "safety.legal",
          "safety.harm"
        ],
        "explicitness": "any"
      },
      "verification": {
        "status": "unverified",
        "label": "Unverified - being checked",
        "reasons": [
          "legal_fetch_over_cap"
        ],
        "checked_utc": "20261021-123916Z"
      }
    },
    {
      "id": "learn_r169_california_privacy_and_image_law_for_creators_ca_pen_646_9_electronic",
      "category": "Safety",
      "title": "[Unverified - being checked] California Penal Code section 646.9(g): How the stalking statute applies to online and electronically mediated conduct",
      "summary": "[Unverified - being checked] The 'credible threat' element of California's stalking offence expressly includes a threat made through an electronic communication device or implied through electronically communicated statements and conduct, so the stalking statute reaches online and electronically mediated threats.",
      "body": "The 'credible threat' element of California's stalking offence expressly includes a threat made through an electronic communication device or implied through electronically communicated statements and conduct, so the stalking statute reaches online and electronically mediated threats.\n\nWhat California Legislative Information (leginfo.legislature.ca.gov) actually says:\n\n“(g) For the purposes of this section, “credible threat” means a verbal or written threat, including a threat performed through the use of an electronic communication device, or a threat implied by a pattern of conduct or a combination of verbal, written, or electronically communicated statements and conduct, including threats to a person’s pet, service animal, emotional support animal, or horse, made with the intent to place the person that is the target of the threat in reasonable fear for their safety, or the safety of their family, and made with the apparent ability to carry out the threat so as to cause the person who is the target of the threat to reasonably fear for their safety or the safety of their family.”\n\nNote: Subdivision (h) defines 'electronic communication device' to include telephones, cellular phones, computers, video recorders, fax machines, and pagers.",
      "source_type": "official",
      "source_link": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN&sectionNum=646.9",
      "last_verified": "2026-09-12",
      "reliability": "VERIFIED RULE",
      "source_tier": "A",
      "source_publisher": "California Legislative Information (leginfo.legislature.ca.gov)",
      "evidence_quote": "(g) For the purposes of this section, “credible threat” means a verbal or written threat, including a threat performed through the use of an electronic communication device, or a threat implied by a pattern of conduct or a combination of verbal, written, or electronically communicated statements and conduct, including threats to a person’s pet, service animal, emotional support animal, or horse, made with the intent to place the person that is the target of the threat in reasonable fear for their safety, or the safety of their family, and made with the apparent ability to carry out the threat so as to cause the person who is the target of the threat to reasonably fear for their safety or the safety of their family.",
      "volatility": "medium",
      "from_batch": "169-california-privacy-and-image-law-for-creators",
      "subject": "California Penal Code section 646.9(g)",
      "topic": "How the stalking statute applies to online and electronically mediated conduct",
      "applies_to_country": "US",
      "applies_to_scope": "California criminal law",
      "tags": {
        "lane": "any",
        "stage": "trouble",
        "region": [
          "us",
          "us-ca"
        ],
        "platform": "any",
        "topic": [
          "safety.legal",
          "safety.harm"
        ],
        "explicitness": "any"
      },
      "verification": {
        "status": "unverified",
        "label": "Unverified - being checked",
        "reasons": [
          "legal_fetch_over_cap"
        ],
        "checked_utc": "20261021-123916Z"
      }
    },
    {
      "id": "learn_r169_california_privacy_and_image_law_for_creators_ca_acp_eligibility",
      "category": "Safety",
      "title": "[Unverified - being checked] Who qualifies for the address confidentiality program and how to apply",
      "summary": "[Unverified - being checked] Adult persons domiciled in California, or parents or guardians acting for a minor or incapacitated person, may apply in person to the Secretary of State for a substitute address if, in a sworn statement prepared with a victims'-assistance counsellor, they state they are a victim of domestic violence, sexual assault, stalking, human trafficking, child abduction, or elder or dependent adult abuse, or a household member of such a victim, and that they fear for their safety.",
      "body": "Adult persons domiciled in California, or parents or guardians acting for a minor or incapacitated person, may apply in person to the Secretary of State for a substitute address if, in a sworn statement prepared with a victims'-assistance counsellor, they state they are a victim of domestic violence, sexual assault, stalking, human trafficking, child abduction, or elder or dependent adult abuse, or a household member of such a victim, and that they fear for their safety.\n\nWhat California Legislative Information (leginfo.legislature.ca.gov) actually says:\n\n“(a) An adult person, a parent or guardian acting on behalf of a minor, or a guardian acting on behalf of an incapacitated person, who is domiciled in California, may apply to the Secretary of State to have an address designated by the Secretary of State serve as the person’s address or the address of the minor or incapacitated person. An application shall be completed in person at a community-based victims’ assistance program or a community-based assistance program that serves victims of elder or dependent adult abuse pursuant to the Elder Abuse and Dependent Adult Civil Protection Act (Chapter 11 (commencing with Section 15600) of Part 3 of Division 9 of the Welfare and Institutions Code). The application process shall include a requirement that the applicant meet with a victims’ assistance counselor and receive orientation information about the program. The Secretary of State shall approve an application if it is filed in the manner and on the form prescribed by the Secretary of State and if it contains all of the following: (1) A sworn statement by the applicant that the applicant has good reason to believe both of the following: (A) That the applicant, or the minor or incapacitated person on whose behalf the application is made, is a victim of domestic violence, sexual assault, stalking, human trafficking, child abduction, or elder or dependent adult abuse, or is a household member of a victim who is making or has made an application pursuant to this section, unless the applicant is the perpetrator of the crime that provided the basis for that victim’s application. (B) That the applicant fears for their safety, the safety of their children or household members, or the safety of the minor or incapacitated person on whose behalf the application is made.”\n\nNote: Program branded 'Safe at Home' by the Secretary of State. This version of section 6206 was repealed and re-added by Stats. 2023, Ch. 642, Sec. 7 (AB 243), effective January 1, 2024, operative July 1, 2024. Falsely attesting fear of disclosure on the application is a misdemeanor (subdivision (f)).",
      "source_type": "official",
      "source_link": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV&sectionNum=6206",
      "last_verified": "2026-09-12",
      "reliability": "VERIFIED RULE",
      "source_tier": "A",
      "source_publisher": "California Legislative Information (leginfo.legislature.ca.gov)",
      "evidence_quote": "(a) An adult person, a parent or guardian acting on behalf of a minor, or a guardian acting on behalf of an incapacitated person, who is domiciled in California, may apply to the Secretary of State to have an address designated by the Secretary of State serve as the person’s address or the address of the minor or incapacitated person. An application shall be completed in person at a community-based victims’ assistance program or a community-based assistance program that serves victims of elder or dependent adult abuse pursuant to the Elder Abuse and Dependent Adult Civil Protection Act (Chapter 11 (commencing with Section 15600) of Part 3 of Division 9 of the Welfare and Institutions Code). The application process shall include a requirement that the applicant meet with a victims’ assistance counselor and receive orientation information about the program. The Secretary of State shall approve an application if it is filed in the manner and on the form prescribed by the Secretary of State and if it contains all of the following: (1) A sworn statement by the applicant that the applicant has good reason to believe both of the following: (A) That the applicant, or the minor or incapacitated person on whose behalf the application is made, is a victim of domestic violence, sexual assault, stalking, human trafficking, child abduction, or elder or dependent adult abuse, or is a household member of a victim who is making or has made an application pursuant to this section, unless the applicant is the perpetrator of the crime that provided the basis for that victim’s application. (B) That the applicant fears for their safety, the safety of their children or household members, or the safety of the minor or incapacitated person on whose behalf the application is made.",
      "volatility": "medium",
      "from_batch": "169-california-privacy-and-image-law-for-creators",
      "subject": "California Address Confidentiality Program (Safe at Home), Government Code chapter 3.1 (sections 6205-6210)",
      "topic": "Who qualifies for the address confidentiality program and how to apply",
      "applies_to_country": "US",
      "applies_to_scope": "California state law (Government Code)",
      "tags": {
        "lane": "any",
        "stage": "setting_up",
        "region": [
          "us",
          "us-ca"
        ],
        "platform": "any",
        "topic": [
          "safety.privacy",
          "safety.legal"
        ],
        "explicitness": "any"
      },
      "verification": {
        "status": "unverified",
        "label": "Unverified - being checked",
        "reasons": [
          "legal_fetch_over_cap"
        ],
        "checked_utc": "20261021-123916Z"
      }
    },
    {
      "id": "learn_r169_california_privacy_and_image_law_for_creators_ca_acp_term",
      "category": "Safety",
      "title": "[Unverified - being checked] How long address confidentiality certification lasts and how it is renewed",
      "summary": "[Unverified - being checked] The Secretary of State certifies an eligible applicant as a program participant; certification lasts four years following the date of filing, renewable under a renewal procedure established by rule, unless withdrawn or invalidated earlier.",
      "body": "The Secretary of State certifies an eligible applicant as a program participant; certification lasts four years following the date of filing, renewable under a renewal procedure established by rule, unless withdrawn or invalidated earlier.\n\nWhat California Legislative Information (leginfo.legislature.ca.gov) actually says:\n\n“(d) Upon filing a properly completed application, the Secretary of State shall certify the applicant as a program participant. Applicants shall be certified for four years following the date of filing, unless the certification is withdrawn or invalidated before that date. The Secretary of State shall, by rule, establish a renewal procedure.”\n\nNote: The program is administered by the California Secretary of State (see the SOS Safe at Home pages opened 2026-09-12: the Safe at Home participants page states 'There is no cost to participate in the program. Certification is for four years and can be renewed.'). Section 6207 requires California state and local agencies to accept the substitute address on public records they create, modify, or maintain; section 6208 keeps the participant's true address confidential except to a law-enforcement agency, by court order, or on termination.",
      "source_type": "official",
      "source_link": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV&sectionNum=6206",
      "last_verified": "2026-09-12",
      "reliability": "VERIFIED RULE",
      "source_tier": "A",
      "source_publisher": "California Legislative Information (leginfo.legislature.ca.gov)",
      "evidence_quote": "(d) Upon filing a properly completed application, the Secretary of State shall certify the applicant as a program participant. Applicants shall be certified for four years following the date of filing, unless the certification is withdrawn or invalidated before that date. The Secretary of State shall, by rule, establish a renewal procedure.",
      "volatility": "medium",
      "from_batch": "169-california-privacy-and-image-law-for-creators",
      "subject": "California Address Confidentiality Program (Safe at Home), Government Code section 6206(d)",
      "topic": "How long address confidentiality certification lasts and how it is renewed",
      "applies_to_country": "US",
      "applies_to_scope": "California state law (Government Code)",
      "tags": {
        "lane": "any",
        "stage": "setting_up",
        "region": [
          "us",
          "us-ca"
        ],
        "platform": "any",
        "topic": [
          "safety.privacy",
          "safety.legal"
        ],
        "explicitness": "any"
      },
      "verification": {
        "status": "unverified",
        "label": "Unverified - being checked",
        "reasons": [
          "legal_fetch_over_cap"
        ],
        "checked_utc": "20261021-123916Z"
      }
    },
    {
      "id": "learn_r169_california_privacy_and_image_law_for_creators_ca_gc_6208_1_offense",
      "category": "Safety",
      "title": "[Unverified - being checked] California Government Code section 6208.1(a)(1): Protection of a Safe at Home participant's image and home address against online publication",
      "summary": "[Unverified - being checked] California prohibits any person, business, association, or other entity from knowingly and intentionally publicly posting or publicly displaying on the internet or any other public space the home address, home telephone number, or image of a Safe at Home program participant or of other individuals residing at the same address, when done with the intent to incite a third person to cause imminent great bodily harm or to threaten the participant or a co-resident.",
      "body": "California prohibits any person, business, association, or other entity from knowingly and intentionally publicly posting or publicly displaying on the internet or any other public space the home address, home telephone number, or image of a Safe at Home program participant or of other individuals residing at the same address, when done with the intent to incite a third person to cause imminent great bodily harm or to threaten the participant or a co-resident.\n\nWhat California Legislative Information (leginfo.legislature.ca.gov) actually says:\n\n“(a) (1) No person, business, association, or other entity shall knowingly and intentionally publicly post or publicly display on the internet or any other public space the home address, home telephone number, or image of a program participant or other individuals residing at the same home address with the intent to do either of the following: (A) Incite a third person to cause imminent great bodily harm to the person identified in the posting or display, or to a coresident of that person, where the third person is likely to commit this harm. (B) Threaten the person identified in the posting or display, or a coresident of that person, in a manner that places the person identified or the coresident in objectively reasonable fear for their personal safety.”\n\nNote: Amended by Stats. 2022, Ch. 686, Sec. 7 (AB 1726), effective January 1, 2023. Subdivision (f)(1) defines 'image' to include 'any photograph, video, sketch, or computer-generated image that provides a means to visually identify the person depicted'. Subdivision (b) separately bars posting the home address or telephone number of a participant who has made a written demand not to disclose it. Interactive services are insulated under subdivision (d) unless they intend to abet or cause bodily harm. The money damages for a violation are recorded separately as ca.gc-6208.1.damages.",
      "source_type": "official",
      "source_link": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV&sectionNum=6208.1",
      "last_verified": "2026-09-12",
      "reliability": "VERIFIED RULE",
      "source_tier": "A",
      "source_publisher": "California Legislative Information (leginfo.legislature.ca.gov)",
      "evidence_quote": "(a) (1) No person, business, association, or other entity shall knowingly and intentionally publicly post or publicly display on the internet or any other public space the home address, home telephone number, or image of a program participant or other individuals residing at the same home address with the intent to do either of the following: (A) Incite a third person to cause imminent great bodily harm to the person identified in the posting or display, or to a coresident of that person, where the third person is likely to commit this harm. (B) Threaten the person identified in the posting or display, or a coresident of that person, in a manner that places the person identified or the coresident in objectively reasonable fear for their personal safety.",
      "volatility": "medium",
      "from_batch": "169-california-privacy-and-image-law-for-creators",
      "subject": "California Government Code section 6208.1(a)(1)",
      "topic": "Protection of a Safe at Home participant's image and home address against online publication",
      "applies_to_country": "US",
      "applies_to_scope": "California state law (Government Code)",
      "tags": {
        "lane": "any",
        "stage": "trouble",
        "region": [
          "us",
          "us-ca"
        ],
        "platform": "any",
        "topic": [
          "safety.privacy",
          "safety.harm"
        ],
        "explicitness": "any"
      },
      "verification": {
        "status": "unverified",
        "label": "Unverified - being checked",
        "reasons": [
          "legal_fetch_over_cap"
        ],
        "checked_utc": "20261021-123916Z"
      }
    },
    {
      "id": "learn_r169_california_privacy_and_image_law_for_creators_ca_gc_6208_1_damages",
      "category": "Safety",
      "title": "[Unverified - being checked] California Government Code section 6208.1(a)(2)(B): Money damages available when a participant's image or address is publicly posted",
      "summary": "[Unverified - being checked] A Safe at Home participant whose home address, home telephone number, or image is made public in violation of Government Code section 6208.1(a)(1) may bring an action for money damages and, on a finding of violation, is entitled to damages of up to three times the actual damages but in no case less than $4,000.",
      "body": "A Safe at Home participant whose home address, home telephone number, or image is made public in violation of Government Code section 6208.1(a)(1) may bring an action for money damages and, on a finding of violation, is entitled to damages of up to three times the actual damages but in no case less than $4,000.\n\nWhat California Legislative Information (leginfo.legislature.ca.gov) actually says:\n\n“(B) Bring an action for money damages in any court of competent jurisdiction. In addition to any other legal rights or remedies, if a jury or court finds that a violation has occurred, it shall award damages to that individual in an amount up to a maximum of three times the actual damages, but in no case less than four thousand dollars ($4,000).”\n\nNote: Subdivision (a)(2)(A) of the same section lets the participant also seek injunctive or declaratory relief with court costs and reasonable attorney's fees. The same $4,000 floor applies to soliciting, selling, or trading such information under subdivision (c)(2).",
      "source_type": "official",
      "source_link": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV&sectionNum=6208.1",
      "last_verified": "2026-09-12",
      "reliability": "VERIFIED RULE",
      "source_tier": "A",
      "source_publisher": "California Legislative Information (leginfo.legislature.ca.gov)",
      "evidence_quote": "(B) Bring an action for money damages in any court of competent jurisdiction. In addition to any other legal rights or remedies, if a jury or court finds that a violation has occurred, it shall award damages to that individual in an amount up to a maximum of three times the actual damages, but in no case less than four thousand dollars ($4,000).",
      "volatility": "medium",
      "from_batch": "169-california-privacy-and-image-law-for-creators",
      "subject": "California Government Code section 6208.1(a)(2)(B)",
      "topic": "Money damages available when a participant's image or address is publicly posted",
      "applies_to_country": "US",
      "applies_to_scope": "California state law (Government Code)",
      "tags": {
        "lane": "any",
        "stage": "trouble",
        "region": [
          "us",
          "us-ca"
        ],
        "platform": "any",
        "topic": [
          "safety.privacy",
          "safety.harm"
        ],
        "explicitness": "any"
      },
      "verification": {
        "status": "unverified",
        "label": "Unverified - being checked",
        "reasons": [
          "legal_fetch_over_cap"
        ],
        "checked_utc": "20261021-123916Z"
      }
    },
    {
      "id": "learn_r169_california_privacy_and_image_law_for_creators_ca_sos_sah_business",
      "category": "Safety",
      "title": "[Unverified - being checked] Whether a business filing may use the Safe at Home substitute address, and what a business filing does require",
      "summary": "[Unverified - being checked] The California Secretary of State's Business Programs Division does not permit the Safe at Home substitute P.O. Box address to be used as the street address on business filings, because the substitute-address law 'does not extend this protection to business addresses'; the same FAQ confirms the substitute address may be used as the business entity's mailing address, and that a P.O. Box cannot be used as the entity's or the agent's street address.",
      "body": "The California Secretary of State's Business Programs Division does not permit the Safe at Home substitute P.O. Box address to be used as the street address on business filings, because the substitute-address law 'does not extend this protection to business addresses'; the same FAQ confirms the substitute address may be used as the business entity's mailing address, and that a P.O. Box cannot be used as the entity's or the agent's street address.\n\nWhat California Secretary of State actually says:\n\n“The BPD does not permit the use of the SAH address as the street address for business filings because the SAH address, as designated by Government Code sections 6207 and 6215.5, is intended for personal addresses of program participants. While the statute allows program participants to request state and local agencies to use the SAH address as their substitute address for personal matters, it does not extend this protection to business addresses. Therefore, BPD adheres to the requirement for business filings to include a business address, rather than a personal address, as mandated by relevant statutes and regulations.”\n\nNote: The same FAQ page: 'Using a P.O. Box as the street address for a business entity or the address for the agent for service of process is not permissible' and 'Yes, you can use the SAH address as the mailing address for your business entity.' Government Code section 6207 requires California state and local agencies to accept the substitute address for a program participant's personal public records; it does not cover the business-address fields of Secretary of State filings.",
      "source_type": "official",
      "source_link": "https://www.sos.ca.gov/registries/safe-home/frequently-asked-questions",
      "last_verified": "2026-09-12",
      "reliability": "STRONG PRACTICE",
      "source_tier": "A",
      "source_publisher": "California Secretary of State",
      "evidence_quote": "The BPD does not permit the use of the SAH address as the street address for business filings because the SAH address, as designated by Government Code sections 6207 and 6215.5, is intended for personal addresses of program participants. While the statute allows program participants to request state and local agencies to use the SAH address as their substitute address for personal matters, it does not extend this protection to business addresses. Therefore, BPD adheres to the requirement for business filings to include a business address, rather than a personal address, as mandated by relevant statutes and regulations.",
      "volatility": "medium",
      "from_batch": "169-california-privacy-and-image-law-for-creators",
      "subject": "Safe at Home program - Secretary of State Business Programs Division (FAQ)",
      "topic": "Whether a business filing may use the Safe at Home substitute address, and what a business filing does require",
      "applies_to_country": "US",
      "applies_to_scope": "California Secretary of State, Safe at Home program and Business Programs Division",
      "tags": {
        "lane": "any",
        "stage": "setting_up",
        "region": [
          "us",
          "us-ca"
        ],
        "platform": "any",
        "topic": [
          "safety.privacy",
          "ops.shipping"
        ],
        "explicitness": "any"
      },
      "verification": {
        "status": "unverified",
        "label": "Unverified - being checked",
        "reasons": [
          "legal_fetch_over_cap"
        ],
        "checked_utc": "20261021-123916Z"
      }
    },
    {
      "id": "learn_r169_california_privacy_and_image_law_for_creators_ca_corp_17702_09_soi",
      "category": "Safety",
      "title": "[Unverified - being checked] What addresses a public business filing (LLC Statement of Information) requires, and where a home address can surface",
      "summary": "[Unverified - being checked] A California LLC's Statement of Information filed with the Secretary of State must state the name and street address of its agent for service of process, the street address of its principal office (which, for a domestic LLC, is defined as the street address of the office required to be maintained under Corporations Code section 17701.13), a mailing address if different, and the complete business or residence addresses of every manager and member - so a home-based sole-member creator's home address will appear on the public filing unless a separate business address is used.",
      "body": "A California LLC's Statement of Information filed with the Secretary of State must state the name and street address of its agent for service of process, the street address of its principal office (which, for a domestic LLC, is defined as the street address of the office required to be maintained under Corporations Code section 17701.13), a mailing address if different, and the complete business or residence addresses of every manager and member - so a home-based sole-member creator's home address will appear on the public filing unless a separate business address is used.\n\nWhat California Legislative Information (leginfo.legislature.ca.gov) actually says:\n\n“(2) The name and street address of the agent in this state for service of process required to be maintained pursuant to Section 17701.13. If a corporate agent is designated, only the name of the agent shall be set forth. (3) The street address of its principal office. In the case of a foreign limited liability company, the street address of its principal business office in this state, if any, and, in the case of a domestic limited liability company, the street address of the office required to be maintained pursuant to Section 17701.13. (4) The mailing address of the limited liability company or foreign limited liability company, if different from the street address of its principal office, or principal business office in this state, or, in the case of a domestic limited liability company, the street address of the office required to be maintained pursuant to Section 17701.13. (5) The name and complete business or residence addresses of any manager or managers and the chief executive officer, if any, appointed or elected in accordance with the articles of organization or operating agreement or, if no manager has been so elected or appointed, the name and business or residence address of each member.”\n\nNote: Corporations Code section 17701.13(a) (also opened 2026-09-12) requires a domestic LLC to 'designate and continuously maintain in this state' an office (which 'need not be a place of its activity in this state') and an agent for service of process. Statements of Information are public documents; the Secretary of State's bizfile search publishes them. Because the filing asks for a manager's or member's 'business or residence address', a creator may keep the home address off the filing only by supplying a separate business address.",
      "source_type": "official",
      "source_link": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CORP&sectionNum=17702.09",
      "last_verified": "2026-09-12",
      "reliability": "VERIFIED RULE",
      "source_tier": "A",
      "source_publisher": "California Legislative Information (leginfo.legislature.ca.gov)",
      "evidence_quote": "(2) The name and street address of the agent in this state for service of process required to be maintained pursuant to Section 17701.13. If a corporate agent is designated, only the name of the agent shall be set forth. (3) The street address of its principal office. In the case of a foreign limited liability company, the street address of its principal business office in this state, if any, and, in the case of a domestic limited liability company, the street address of the office required to be maintained pursuant to Section 17701.13. (4) The mailing address of the limited liability company or foreign limited liability company, if different from the street address of its principal office, or principal business office in this state, or, in the case of a domestic limited liability company, the street address of the office required to be maintained pursuant to Section 17701.13. (5) The name and complete business or residence addresses of any manager or managers and the chief executive officer, if any, appointed or elected in accordance with the articles of organization or operating agreement or, if no manager has been so elected or appointed, the name and business or residence address of each member.",
      "volatility": "medium",
      "from_batch": "169-california-privacy-and-image-law-for-creators",
      "subject": "California Corporations Code section 17702.09 (LLC Statement of Information)",
      "topic": "What addresses a public business filing (LLC Statement of Information) requires, and where a home address can surface",
      "applies_to_country": "US",
      "applies_to_scope": "California corporation and business law (Corporations Code, Title 2.6 RULLCA)",
      "tags": {
        "lane": "any",
        "stage": "setting_up",
        "region": [
          "us",
          "us-ca"
        ],
        "platform": "any",
        "topic": [
          "safety.privacy",
          "ops.shipping"
        ],
        "explicitness": "any"
      },
      "verification": {
        "status": "unverified",
        "label": "Unverified - being checked",
        "reasons": [
          "legal_fetch_over_cap"
        ],
        "checked_utc": "20261021-123916Z"
      }
    },
    {
      "id": "learn_r169_california_privacy_and_image_law_for_creators_ca_civ_3344_publicity",
      "category": "Safety",
      "title": "[Unverified - being checked] California Civil Code section 3344: Statutory right of publicity / misappropriation of likeness - who may sue, and the money on offer",
      "summary": "[Unverified - being checked] Under Civil Code section 3344 a person whose name, voice, signature, photograph, or likeness is knowingly used without prior consent for advertising, selling, or soliciting (or on products, merchandise, or goods) may sue for the greater of $750 or actual damages, plus the attributable profits of the use, with punitive damages and attorney's fees and costs for the prevailing party.",
      "body": "Under Civil Code section 3344 a person whose name, voice, signature, photograph, or likeness is knowingly used without prior consent for advertising, selling, or soliciting (or on products, merchandise, or goods) may sue for the greater of $750 or actual damages, plus the attributable profits of the use, with punitive damages and attorney's fees and costs for the prevailing party.\n\nWhat California Legislative Information (leginfo.legislature.ca.gov) actually says:\n\n“(a) (1) Any person who knowingly uses another’s name, voice, signature, photograph, or likeness, in any manner, on or in products, merchandise, or goods, or for purposes of advertising or selling, or soliciting purchases of, products, merchandise, goods, or services, without that person’s prior consent, or, in the case of a minor, the prior consent of their parent or legal guardian, shall be liable for any damages sustained by the person or persons injured as a result thereof. In addition, in any action brought under this section, the person who violated the section shall be liable to the injured party or parties in an amount equal to the greater of seven hundred fifty dollars ($750) or the actual damages suffered by them as a result of the unauthorized use, and any profits from the unauthorized use that are attributable to the use and are not taken into account in computing the actual damages. In establishing these profits, the injured party or parties are required to present proof only of the gross revenue attributable to the unauthorized use, and the person who violated this section is required to prove their deductible expenses. Punitive damages may also be awarded to the injured party or parties. The prevailing party in any action under this section shall also be entitled to attorney’s fees and costs.”\n\nNote: Amended by Stats. 2025, Ch. 590, Sec. 1 (SB 683), effective January 1, 2026. Subdivision (d) exempts news, public affairs, sports broadcasts, and political campaigns; (a)(2) allows an injunction or temporary restraining order with a two-business-day removal deadline; (g) makes the remedies cumulative. This is the statutory right of publicity; the post-death rule is Civil Code section 3344.1, recorded as ca.civ-3344.1.survival.",
      "source_type": "official",
      "source_link": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV&sectionNum=3344",
      "last_verified": "2026-09-12",
      "reliability": "VERIFIED RULE",
      "source_tier": "A",
      "source_publisher": "California Legislative Information (leginfo.legislature.ca.gov)",
      "evidence_quote": "(a) (1) Any person who knowingly uses another’s name, voice, signature, photograph, or likeness, in any manner, on or in products, merchandise, or goods, or for purposes of advertising or selling, or soliciting purchases of, products, merchandise, goods, or services, without that person’s prior consent, or, in the case of a minor, the prior consent of their parent or legal guardian, shall be liable for any damages sustained by the person or persons injured as a result thereof. In addition, in any action brought under this section, the person who violated the section shall be liable to the injured party or parties in an amount equal to the greater of seven hundred fifty dollars ($750) or the actual damages suffered by them as a result of the unauthorized use, and any profits from the unauthorized use that are attributable to the use and are not taken into account in computing the actual damages. In establishing these profits, the injured party or parties are required to present proof only of the gross revenue attributable to the unauthorized use, and the person who violated this section is required to prove their deductible expenses. Punitive damages may also be awarded to the injured party or parties. The prevailing party in any action under this section shall also be entitled to attorney’s fees and costs.",
      "volatility": "medium",
      "from_batch": "169-california-privacy-and-image-law-for-creators",
      "subject": "California Civil Code section 3344",
      "topic": "Statutory right of publicity / misappropriation of likeness - who may sue, and the money on offer",
      "applies_to_country": "US",
      "applies_to_scope": "California civil law",
      "tags": {
        "lane": "any",
        "stage": "running",
        "region": [
          "us",
          "us-ca"
        ],
        "platform": "any",
        "topic": [
          "safety.legal",
          "safety.harm"
        ],
        "explicitness": "any"
      },
      "verification": {
        "status": "unverified",
        "label": "Unverified - being checked",
        "reasons": [
          "legal_fetch_over_cap"
        ],
        "checked_utc": "20261021-123916Z"
      }
    },
    {
      "id": "learn_r169_california_privacy_and_image_law_for_creators_ca_civ_3344_1_survival",
      "category": "Safety",
      "title": "[Unverified - being checked] California Civil Code section 3344.1: Whether the right of publicity survives death, and who controls it afterwards",
      "summary": "[Unverified - being checked] California's statutory right of publicity survives death: Civil Code section 3344.1 makes the rights of a deceased personality 'property rights, freely transferable or descendible' by contract, trust, or testamentary instrument, exercisable after death by the surviving spouse, children and grandchildren, parents, or other successors in interest.",
      "body": "California's statutory right of publicity survives death: Civil Code section 3344.1 makes the rights of a deceased personality 'property rights, freely transferable or descendible' by contract, trust, or testamentary instrument, exercisable after death by the surviving spouse, children and grandchildren, parents, or other successors in interest.\n\nWhat California Legislative Information (leginfo.legislature.ca.gov) actually says:\n\n“(b) The rights recognized under this section are property rights, freely transferable or descendible, in whole or in part, by contract or by means of any trust or any other testamentary instrument, executed before or after January 1, 1985.”\n\nNote: Amended by Stats. 2024, Ch. 258, Sec. 2 (AB 1836), effective January 1, 2025. Also read at the same URL: subdivision (g) bars an action for any use of the deceased personality's name, voice, signature, photograph, or likeness occurring after 70 years after death, and subdivision (q) makes the rights retroactive to deaths before January 1, 1985. I did not open an official page stating the separate common-law misappropriation-of-likeness cause of action or its post-death survival, so the common-law rule is NOT recorded (see could_not_verify entry 3).",
      "source_type": "official",
      "source_link": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV&sectionNum=3344.1",
      "last_verified": "2026-09-12",
      "reliability": "VERIFIED RULE",
      "source_tier": "A",
      "source_publisher": "California Legislative Information (leginfo.legislature.ca.gov)",
      "evidence_quote": "(b) The rights recognized under this section are property rights, freely transferable or descendible, in whole or in part, by contract or by means of any trust or any other testamentary instrument, executed before or after January 1, 1985.",
      "volatility": "medium",
      "from_batch": "169-california-privacy-and-image-law-for-creators",
      "subject": "California Civil Code section 3344.1",
      "topic": "Whether the right of publicity survives death, and who controls it afterwards",
      "applies_to_country": "US",
      "applies_to_scope": "California civil law",
      "tags": {
        "lane": "any",
        "stage": "running",
        "region": [
          "us",
          "us-ca"
        ],
        "platform": "any",
        "topic": [
          "safety.legal",
          "safety.harm"
        ],
        "explicitness": "any"
      },
      "verification": {
        "status": "unverified",
        "label": "Unverified - being checked",
        "reasons": [
          "legal_fetch_over_cap"
        ],
        "checked_utc": "20261021-123916Z"
      }
    }
  ]
}