Mon. Dec 23rd, 2024
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California will take a major step in its fight to protect children from the ills of social media with Gov. Gavin Newsom’s signature on a bill to limit the ability of companies to provide “addictive feeds” to minors.

The governor’s office said Newsom on Friday will sign Senate Bill 976, named the Protecting Our Kids From Social Media Addiction Act and introduced by state Sen. Nancy Skinner (D-Berkeley). The bill was supported by state Atty. Gen. Rob Bonta and groups such as the Assn. of California School Administrators, Common Sense Media and the California chapter of the American Academy of Pediatrics.

Newsom’s wife, First Partner Jennifer Siebel Newsom, is also outspoken about the links between social media consumption and low self-esteem, depression and anxiety among youth.

The legislation attracted an unusual collection of opponents, including the American Civil Liberties Union of California, Equality California and associations representing giants in the industry that own TikTok, Instagram and Facebook. The California Chamber of Commerce argued that the legislation “unconstitutionally burdens” access to lawful content, setting up the potential for another lawsuit in an ongoing court battle between the state and social media companies over use of the platforms by children.

“Every parent knows the harm social media addiction can inflict on their children — isolation from human contact, stress and anxiety, and endless hours wasted late into the night,” Newsom said. “With this bill, California is helping protect children and teenagers from purposely designed features that feed these destructive habits.”

The bill, which will take effect Jan. 1, 2027, with Newsom’s signature, prohibits internet service and applications from providing “addictive feeds,” defined as media curated based on information gathered on or provided by the user, to minors without parental consent. SB 976 also bans companies from sending notifications to users identified as minors between midnight and 6 a.m. or during the school day from 8 a.m. to 3 p.m. unless parents give the OK.

The bill will effectively require companies to make posts from people children know and follow appear in chronological order on their social media feeds instead of in an arrangement to maximize engagement. Proponents of the bill point to warnings from U.S. Surgeon General Vivek Murthy and others about a mental health crisis among youths, which studies show is exacerbated by the use of social media.

“As a mother, I’m proud of California’s continued leadership in holding technology companies accountable for their products and ensuring those products are not harmful to children. Thank you to the Governor and Senator Skinner for taking a critical step in protecting children and ensuring their safety is prioritized over companies’ profits,” Siebel Newsom said.

The industry has argued that its false to assume that feeds curated by an algorithm are harmful but that a chronological feed is safe. The ACLU also argued that age verification creates potential privacy concerns because it could require the collection of additional user data that could be at risk in a security breach and because it could threaten the 1st Amendment rights of people who cannot verify their age.

Several groups advocating for LGBTQ+ youths suggested the bill could limit youths’ ability to engage on platforms that offer emotional support for their identities, particularly for kids who live in communities that might be hostile to their identity. Giving more control to parents could also potentially result in parents choosing settings that share sensitive information about the child, the groups said.

The bill marks the latest action in a battle between state government and social media companies taking place in the California Legislature and the court system over the use of platforms by children.

In October, Bonta’s office filed a lawsuit with 32 other states against Meta, the parent company of Facebook, Instagram and WhatsApp, alleging that the company designed apps specifically to addict young users while misleading the public about the adverse effects.

A bill that failed last year in the California Legislature would have made social media companies liable for up to $250,000 in damages if they knowingly promoted features that could harm children. Portions of a 2022 law that sought to require companies to provide privacy protections for children have also been held up in court.

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