In summary
California’s ban on addictive social media features for kids takes effect in January. Now Big Tech is trying to stop it in federal court.
Tech giants Meta, Google, and TikTok are suing to block a landmark California law meant to protect kids’ mental health on social media platforms.
The law, one of a slate of bills signed by Gov. Newsom this year to protect kids online, would block social media companies from offering “addictive” features to teens under 16.
Set to go into effect in January, the law defines addictive features as design choices like infinite scroll, autoplay, and recommendations. Those features are blamed in part for a teen mental health crisis, which the law seeks to curb.
The three suits, filed in multiple federal courts in California this week, argue that the law would infringe on the companies’ First Amendment rights. The Meta suit, for example, says that the law undermines the “fundamental principle” of free speech by making the state “the editor, curator, and controller of online speech.”
Google, which owns YouTube, similarly argues in its lawsuit that the law would “frustrate YouTube’s efforts to provide under-16 users with safe, responsible, and enriching experiences on the platform.”
The companies want the courts to block the law before it takes effect.
When the measure was before the California Legislature, some groups, like digital rights organization the Electronic Frontier Foundation, argued the law would amount to a full ban on social media for teenagers because it was so broad and the features it regulated so fundamental to the platforms. Teens would then miss out on precious online resources, the groups said.
NetChoice, a tech industry-aligned group, also criticized the law. It released a statement supporting the lawsuits, saying “the state cannot restrict minors’ access to protected expression simply because it thinks the expression is bad for them.”
A supporter of the law, the Electronic Privacy Information Center, said in response to the lawsuits that courts have already been “rejecting the industry’s claims that the First Amendment shields them from accountability.”
The bill’s passage was just one in a recent series of damaging moments for the tech industry, which has faced intense scrutiny over its impact on teens’ mental health. Meta agreed in August to pay as much as $17 billion as part of a settlement with 47 states that argued the company had engineered its products to be addictive to children.
A TikTok spokesperson didn’t immediately respond to a request for comment on the suits. A Meta spokesperson declined to attach their name to a statement and CalMatters declined to publish it.
“We believe parents are best positioned to make the right decisions for their families, which is why we offer a range of protections and tools that put parents in control,” José Castañeda, a Google spokesperson, said in an email. “Overly broad laws like this actually break the systems we’ve built to help kids find high-quality, age-appropriate videos.”
