Tech Giants Sue Over California Child Use Law

Residents of California who use social media apps with children may see fewer automatic features if the state’s new law survives a wave of federal litigation. On Wednesday, Google, Meta, and TikTok filed separate lawsuits in federal court to stop the implementation of Assembly Bill 1709. The bill, which takes effect on Jan. 1, bars social media platforms from showing autoplay videos or recommended content displays to users younger than 16.

The lawsuits challenge the law on two primary legal grounds. The companies cited the First Amendment right to free speech, arguing that the state is forcing platforms to curate third-party content. They also invoked the Communications Decency Act, a federal statute that generally shields online platforms from liability for what users post. Meta, Google, and YouTube filed their complaints in the Northern District of California, while TikTok filed in the Central District.

Attorneys for Meta argued that the law forces the state to act as an editor of online speech. The lawsuit claims this overrides the company’s editorial judgment regarding how to display billions of posts. Meta owns Facebook, Instagram, and Threads. A representative for California Attorney General Rob Bonta said his office is currently reviewing the new litigation.

Assemblymember Josh Lowenthal, a Democrat from Long Beach, introduced the bill. He said he was motivated by reports of anxiety and depression among children who grow up with constant access to screens. Lowenthal stated that the addictive nature of autoplay features is harmful and not suitable for developing brains. Tech industry groups previously opposed the bill, arguing it would limit how users connect with family and friends.

This legal fight follows a similar battle over Senate Bill 976, which went into effect earlier this year. That law, known as the Protecting Our Kids from Social Media Addiction Act, also bans addictive feeds for minors without parental consent. The Ninth Circuit Court of Appeals is expected to hear arguments in that case next spring. TikTok’s new lawsuit argues that AB 1709 overrides SB 976 by blocking addictive features even when parents consent to their use.

In its filing, TikTok described a scenario where a parent sets up Family Pairing for a 15-year-old. The parent sets a 30-minute daily limit and enables Restricted Mode. TikTok’s attorneys wrote that under the new law, that parent has no ability to choose a personalized feed for her daughter. The company also stated that it already has restrictions in place to protect teenagers.

California has been a central stage for legal disputes between the state and social media companies. In 2023, California joined dozens of states in suing Meta, alleging the company designed addictive features to hook children. Meta agreed to pay up to $17 billion and make changes to its platforms, including hiding likes and limiting teen screen time. Earlier this year, a Los Angeles jury awarded $6 million to a woman from Chico who claimed Instagram and YouTube were addictive by design.