Google, Meta and TikTok sue California to block child safety law

Summarised from 5 outlets · Updated 6 Nov, 00:09 · Archive

Google, Meta and TikTok have sued California to block Assembly Bill 1709, which bans platforms from offering minors 'psychologically exploitative features' like autoplay and personalised recommendations.

Google, Meta and TikTok have filed separate lawsuits in California federal courts challenging Assembly Bill 1709, a state law intended to protect children under 16 from addictive features on social media platforms. Governor Gavin Newsom signed the legislation on 10 September, stating that children's safety should be central to any discussion about technology and that California 'will not stand by while unregulated technology puts our children at risk'.

The law prohibits social media platforms from offering minors 'psychologically exploitative features' that could lead to compulsive use. These include personalised recommendations, autoplay video functions and other features the state attorney general deems addictive. The legislation also requires platforms to verify users' ages and delete the accounts of anyone under 16 unless those accounts are stripped of such features.

Under the law, platforms that fail to comply could face significant penalties. Knowing violations carry fines of up to $50,000 per affected minor, whilst negligent violations carry fines of $25,000 per minor. The law is scheduled to take effect on 1 January 2027, unless a court voids it or puts it on hold.

All three companies argue in their lawsuits that the law violates the US Constitution's First Amendment free speech protections. Meta stated: 'The state cannot, consistent with the First Amendment, override Meta's editorial judgments.' Google and TikTok made similar arguments. The companies also contend that the law is preempted by Section 230 of the federal Communications Decency Act, which broadly shields online platforms from liability over user content.

The platforms claim the law wrongly compels them to adopt California's preferred means of presenting content to children and substitutes the state's judgment for that of parents. TikTok argued that the legislation is 'a blatantly unconstitutional restriction on free expression that erodes the long-standing and protected practice of curating content based on user preferences'. Google spokesperson Jose Castaneda stated: 'Parents are best positioned to make the right decisions for their families.'

California Attorney General Rob Bonta's office, the sole defendant tasked with enforcing the law, said on Thursday it was reviewing the legal challenges. 'Our office is committed to defending California's commonsense laws to protect kids online,' the office stated.

Assembly Bill 1709 is part of a broader legislative package introduced by Governor Newsom. The law goes further than an earlier 2024 California statute, SB 976, which barred personalised feeds for users under 18 without parental consent. All three companies are already challenging SB 976 at the Ninth Circuit. The nonprofit Electronic Frontier Foundation has called AB 1709 'a massive privacy and free speech nightmare', though the social media companies and the foundation are on opposite sides of the litigation. The tech giants are currently fighting thousands of lawsuits by individuals, school districts, cities and government entities that claim social media platforms addict children and have contributed to a mental health crisis.

How it is being reported

• Meta, Google, and TikTok sue California AG over teen social media lawIf it goes into effect next year, this California law would restrict social media access for children under 16.TechCrunch · 6 Nov, 00:01
• Meta, Google and TikTok sue California to block law shielding children from ‘addictive’ algorithmsThe tech giants say the law, set to take effect Jan. 1, violates the First Amendment.New York Post · 5 Nov, 23:49
• Google, Meta and TikTok sue California over its child safety lawsIn separate lawsuits, the firms said the law violates the US Constitution's First Amendment free speech protectionsIndependent World · 5 Nov, 22:28
• Google, Meta and TikTok sue California to block law protecting children from addiction riskLaw bans social media platforms from providing minors features such as autoplay that lead to compulsive use Google, Meta and TikTok sued California to block enforcement of a new state law intended to limit the risk of addicting children under 16 to social media platforms. The law, known as Assembly Bill 1709, prohibits such platforms from offering underage children “psychologically exploitative features” that could lead to compulsive use, such as providing personal recommendations and sending videos through autoplay features. It also requires the deletion of children’s accounts with those…Guardian World · 5 Nov, 20:39
• Google, Meta and TikTok are all suing California to block social media law intended to help kidsAssembly Bill 1709 demands that platforms remove "psychologically exploitative features."Engadget · 5 Nov, 18:58

In this story: Google · Meta · TikTok · California · Gavin Newsom · Rob Bonta · ByteDance

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