California will take a major step in its fight to protect children from the evils of social media on Friday when Gov. Gavin Newsom signed into law a bill that would limit the ability of companies to offer “addictive foods” to minors.
The governor’s office said Newsom will sign Senate Bill 976, the Protecting Our Children from Social Media Addiction Act, introduced by state Sen. Nancy Skinner (D-Berkeley). The bill was supported by state Attorney General Rob Bonta and groups including 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, also comments on the link between social media use and low self-esteem, depression and anxiety among young people.
The law has attracted an unusual array of opponents, including the American Civil Liberties Union of California, Equality California and associations representing the industry giants that own TikTok, Instagram and Facebook. The California Chamber of Commerce said the legislation “unconstitutionally burdens” access to legal content, potentially opening up another lawsuit in the ongoing legal battle between state-run companies and social media companies over children’s use of the platforms.
“Every parent knows that social media addiction can take a toll on their children: disconnection from human contact, stress and anxiety, and endless hours wasted late at night,” Newsom said. “With this bill, California is helping to protect children and teens from the expressly designed traits that fuel these destructive habits.”
The bill, which would take effect on January 1, 2027, with Newsom’s signature, would allow internet services and apps to offer “addictive feeds,” which are classified as media based on information collected or submitted by the user without parental consent. They are identified as minors. SB 976 also prohibits companies from sending notifications to users identified as minors between midnight and 6 a.m. or between 8 a.m. and 3 p.m. on a school day, unless a parent gives the go-ahead.
The bill effectively requires companies to report on the people children know and follow in chronological order on social media channels rather than maximizing engagement. Supporters of the bill point to warnings from U.S. Surgeon General Vivek Murthy and others about a mental health crisis among young people, which research shows is exacerbated by social media use.
“As a mother, I am proud of California’s continued leadership in holding tech companies accountable for their products and ensuring these products are not harmful to children. Thank you to the Governor and Senator Skinner for taking an important step to protect children and keep them safe. This is a priority over corporate profits,” said Siebel Newsom.
The industry has argued that it is false to believe that algorithmically designed foods are harmful but chronologically safe. The ACLU has also argued that age verification raises potential privacy concerns because it may require the collection of additional user information that could be at risk in the event of a security breach, and may infringe on the First Amendment rights of people whose age it cannot verify, threatening.
Several LGBTQ+ youth advocacy groups have suggested the bill could limit young people’s ability to participate in platforms that offer emotional support for their identity, especially for children living in communities hostile to their identity. Giving parents more control could also lead to parents choosing environments that share sensitive information about their children, the groups said.
The bill marks the latest action in a battle between the state government and social media companies that has been playing out in the California legislature and court system over children’s use of the platforms.
In October, Bonta’s office appealed to the court 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 their negative effects.
A bill that failed last year The California legislature held social media companies liable for up to $250,000 in damages if they knowingly promoted content that could harm children. Parts of the 2022 law that would have required companies to protect children’s privacy have also been challenged in court.
