By admin A trade group representing some of the world’s biggest social media companies is facing off against California in court again. This time is over a law that will put a warning label on social media platforms for children.
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Assembly Bill 56 on Jan. 1 will require the companies to display a “black box warning” every day it is used by someone who is 17 years old or younger. The message must appear continuously for at least 10 seconds.
NetChoice — a Washington, D.C.-based organization whose members include Meta, Google and TikTok — argues it violates the First Amendment.
“California has myriad ways to speak to and persuade its residents,” the group’s federal lawsuit said. “But the act instead compels regulated services to speak the State’s message.”
Battles over social media regulation are playing out in legislatures and courts across the country amid growing concerns about the effects repeated use of platforms are having on children. That is especially true in California where lawmakers in recent years have pushed through ambitious regulations in the face of strong opposition and lawsuit threats from companies.
“Just as we require health warnings for other products that pose risks, such as tobacco, AB 56 provides clear, evidence-based information so families can make informed decisions,” said Assemblymember Rebecca Bauer-Kahan, D-Orinda, the bill’s author, in a statement. “It does not ban social media or censor content, or require compelled speech beyond what is necessary to protect California’s children.”
Attorney General Rob Bonta was a key supporter of AB 56. In a statement, his office said: “We will respond as appropriate in court.”
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Companies will also be required to display warnings for at least 30 seconds if a child uses their platform for three hours or more in a day. It must take up at least 75% of the screen.
The messages required by the measure would say: “The Surgeon General has warned that while social media may have benefits for some young users, social media is associated with significant mental health harms and has not been proven safe for young users.” In 2024, former U.S. Surgeon General Vivek Murthy called for a warning label on platforms.
NetChoice has sued California several times, including over a 2022 bill that attempted to force companies that have platforms likely used by children to offer stricter privacy settings. It has also filed lawsuits against several other states to block their own efforts to regulate youth social media use.
The Legislature and Gov. Gavin Newsom earlier this year approved a measure to require that social media companies provide versions of their platforms to children under 16 years old that do not include personalized feeds driven by algorithms, autoplaying videos and other features. That measure could also face a lawsuit from NetChoice, which considers it unconstitutional.
In the legal challenge of the warning label law, the trade group argues that companies are already taking steps to make sure children are using their platforms responsibly. California, it adds, could require schools to provide digital literacy training about social media use instead of using the labels.
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NetChoice is asking a judge to prevent the law from going into effect.