Google, Meta and TikTok sue California to block law protecting children from addiction risk

The law, known as Assembly Bill 1709, prohibits social media platforms from offering underage children 'psychologically exploitative features' that could lead to compulsive use, such as personal recommendations and autoplay video features. It also requires the deletion of children's accounts with these features.

In separate lawsuits filed on Wednesday, the tech companies argued that the law wrongly compels them to honor California's preferred means of presenting content to children and substitutes the state's judgment for that of parents.

They claim the law violates the US Constitution's First Amendment free speech protections, as well as Section 230 of the federal Communications Decency Act, which shields online platforms from liability over user content.

Legal Challenges

The office of Rob Bonta, the California attorney general, who is the only defendant in the lawsuits, said on Thursday it is reviewing the legal challenges. 'Our office is committed to defending California's commonsense laws to protect kids online,' the statement added.

Governor Gavin Newsom signed the law on September 10, stating that children's safety should be central to any discussion about technology, and California 'will not stand by while unregulated technology puts our children at risk'.

Company Positions

Meta argued in its lawsuit that California cannot override its editorial judgments about how to curate and display billions of posts, while leaving children free to spend unlimited time on other online platforms offering similar services.

TikTok countered that protected speech 'cannot be suppressed solely to protect the young from ideas or images that a legislative body thinks unsuitable'.

The Electronic Frontier Foundation, a digital rights advocacy group, called the law 'a massive privacy and free speech nightmare'.

Broader Context

Many US states regulate children's access to social media, and countries worldwide have similar restrictions, including a ban in Australia on social media for children under 16.

In August, Meta agreed to pay up to $18 billion and limit teenagers' use of Facebook and Instagram under agreements with nearly all US states, which accused it of violating privacy and consumer protection laws.

Google has also faced recent scrutiny over its AI tools on school devices, with parents in California filing a lawsuit alleging their teen daughter made plans to end her life after interactions with an AI mode on Google Search through a school-issued Chromebook.

The law is scheduled to take effect on January 1, 2027, unless a judge voids it or puts it on hold. Google filed its lawsuit in federal court in San Jose, California, while Meta sued in San Francisco and TikTok in Los Angeles.