Google, Meta and TikTok Sue Over California Child Safety Law

Google, Meta and TikTok have sued to block a newly enacted California law aimed at protecting children from the harmful aspects of social media. The law, Assembly Bill 1709 (AB 1709), bars platforms from offering minors what it calls "psychologically exploitative features," meaning features that can lead to compulsive use.

The three companies filed separate suits in different California courts. Their shared argument is that the law violates both the First Amendment and Section 230 of the federal Communications Decency Act.

What the law prohibits

AB 1709 is part of a broader child safety package that Governor Gavin Newsom unveiled earlier this year. It prevents social media platforms from offering minors features that could lead to compulsive use. Examples cited include videos that autoplay back to back and personalized recommendations served to children under 16.

In signing the bill, Newsom said children's safety must always come first when it comes to social media platforms in California. The governor added that the state will not stand by while unchecked technology puts children at risk.

The companies' case: free speech and Section 230

The core of the companies' argument is that the state cannot interfere with how platforms decide to present content. In its complaint, Meta argued that California cannot override the company's editorial decisions consistent with the First Amendment. Google and TikTok advanced similar grounds.

The companies also invoke Section 230, a provision frequently relied on to shield technology companies from liability.

Opposition is not limited to the companies

It is not only the tech giants that object to the measure. The nonprofit Electronic Frontier Foundation called the law "a privacy and free speech nightmare" and urged Newsom to veto it, a call that went unheeded.

Opinions differ on the remedy, but the seriousness of the problem is not in dispute. TikTok, Meta and Google are fighting thousands of lawsuits filed by individuals, school districts, cities and government agencies, which allege that social media platforms have addicted children and fueled a mental health crisis. Many states already regulate children's access to social media.

Meta, for its part, recently agreed to settle a sweeping case over children's privacy and social media addiction by paying up to $18 billion. Under the deal, the company says it will change its platforms to be less addictive for younger users, while admitting no wrongdoing. The new suits are at an early stage and will proceed through the California courts.