The bill is thus unconstitutionally overbroad. It’s apparently prompted by people posting videos of kids beating up other kids, and if the people who are recording the videos are involved in the beating — for instance, they helped arrange it, or they shout out encouragement during the beating (that would be a form of criminal solicitation) — then they can be punished for such arranging or encouragement. But simply posting a video, even of a fight involving children, can’t be criminally punished, even if the speaker has the intent to condone such fights. And the broader ban on uploading all “video of a crime being committed” “with the intent to promote or condone” such crime is even more clearly unconstitutional.
The bill would also criminalize “refus[ing] to provide a law enforcement agency or peace officer with that uploaded video upon request of that agency or officer.” That, too, would be unconstitutional, though under the Fourth Amendment: As the court held in City of Los Angeles v. Patel, the government can’t just require people to turn over their property to be viewed, simply on an officer’s request. The police can get a warrant for the property; they can get a subpoena for the property; in some situations, they can indeed seize and search the property even without a warrant or a subpoena; but they can’t just categorically demand people’s videos, simply on the grounds that they want the videos or even because they think the videos contain important evidence.