California Passes Bill to Protect Children from Social Media Addiction

On September 20, Governor Gavin Newsom signed SB976, the “Protecting Our Kids from Social Media Addiction Act.” This law prohibits online platforms from providing addictive content to minors without parental consent. California thus becomes the second state after New York to pass such legislation.

SB976 was introduced by State Senator Nancy Skinner and other Democratic lawmakers from the 9th District. The bill passed with strong support in both the Senate and Assembly, with some Democratic members joining the opposition. According to legislative analysis, Vivek Murthy, the Director of the United States Health Bureau, stated that social media has become a significant factor in the mental health crisis among young people. Teenagers spend over three hours daily on social media, facing double the risk of anxiety and depression compared to other demographics. By the summer of 2023, teenagers were spending an average of 4.8 hours each day on social media.

Nearly half of the surveyed teenagers expressed that social media made them feel worse about their bodies. Murthy called for measures to protect young people from online harassment, abuse, and exploitation, urging Congress to prevent platforms from exposing children to extreme violence and sexual content frequently found in algorithm-driven feeds.

Skinner, the proposer of SB976, mentioned that the bill was supported by California Attorney General Rob Bonta, the Association of California School Administrators, and Public Health Advocates. Various organizations, including the American Academy of Pediatrics, educators, healthcare professionals, parents, and child health advocates, backed the legislation. Skinner emphasized that social media companies would no longer have the authority to immerse children in harmful and sensational content that they did not seek or want. She declared that California would now be a safe haven for children.

The law will be effective from January 1, 2027. It prohibits internet services or app operators from providing addictive content to users unless they can prove that the user is not a minor before this date (afterward, operators must reasonably determine the user’s age or obtain parental consent). The legislation also prohibits the use of collected user age information for purposes beyond the legislation’s scope.

Operators must offer a mechanism that allows verified parents to control their children’s social media usage, including setting specific time limits for access or notifications, defaulting to a one-hour daily limit, restricting likes or feedback, not recommending or prioritizing media based on user information, and allowing parents to set their children’s accounts to a private mode by default.

Operators may choose not to provide services to minors, but those who do must disclose the number of underage users annually and report whether control measures are in place. Governor Newsom praised the law as crucial legislation prioritizing children’s welfare, emphasizing the harmful effects of social media addiction on children such as isolation, stress, anxiety, and wasted late-night hours.

Mrs. Jennifer Siebel Newsom, the First Lady and First Partner, expressed pride in California’s leadership role in protecting children. She urged technology companies to be accountable for their products and ensure they do not harm children. ACLU California Action opposed the law, citing concerns about privacy issues and unexpected harm to teenagers, suggesting it might not effectively protect children from online risks. They warned that the age verification system would also impact adults, potentially creating security loopholes and risks of personal information abuse.

The state’s Department of Justice estimates substantial yearly costs to implement the law, projecting expenses in the hundreds of thousands of dollars annually. The costs for the 2024-25 fiscal year are estimated at $224,000, increasing to nearly $400,000 per year thereafter. This includes hiring deputy attorneys general, legal secretaries, and costs related to rule making, outreach, investigations, litigation, and court proceedings due to the legislation. With California facing significant financial strains, projections suggest structural deficits of billions of dollars in the coming fiscal years.