If Governor Newsom approves it, the legislation will go into effect in 2024
California lawmakers have passed the first statute in the nation that will require apps and social media sites to install protections for children under 18. That includes discontinuing “nudging” techniques that are often aimed at children, lessening exposure to harmful content that may be communicated by adults, and disabling geolocation capabilities.
The State Senate passed the bill on Monday with a vote of 33 to 0 and had already approved a version of the bill before yesterday’s vote. It will now make its way to Governor Gavin Newsom for approval. If approved, the bill, also known as California Age-Appropriate Design Code Act, would go into effect in 2024. And it’s a big indication that tech companies will be held to higher standards in the future.
🚨 BREAKING: The #CAKidsCode just cleared the final legislative hurdle before full passage.
— The Tech Oversight Project (@Tech_Oversight) August 11, 2022
We applaud California's efforts to rein in Big Tech and restructure the rules of the internet to work for families, teens, and children. Learn more here: https://t.co/TfDa5zGt2Z
“The digital ecosystem is not safe by default for children,” said Buffy Wicks, a Democrat in the State Assembly who co-sponsored the bill along with Republican Jordan Cunningham. “We think the Kids’ Code, as we call it, would make tech safer for children by essentially requiring these companies to better protect them.”
Cunningham and Wicks have passed similar legislation, like the Social Media Platform Duty to Children’s Act, which puts the onus on social media platforms not to use techniques meant to addict kids and to hold them responsible for any damages if harmful effects are found as a result of social media addiction.
I'm encouraged to see lawmakers in California — a Republican (@Cunning_Jordan) and a Democrat (@buffywicks) — teaming up to protect kids' privacy and safety online. Whatever your party affiliation, the wellbeing of kids matters. https://t.co/VV4UCS4NSy
— Frances Haugen (@FrancesHaugen) February 17, 2022
The new rules come as little surprise given the concerns over social media and children. Not only for the obvious mental health and body image concerns but also for the ease with which strangers can access children and information about their location.
“Children should be afforded protections not only by online products and services specifically directed at them,” the statute reads, “but by all online products and services they are likely to access.”
Some examples given on the bill’s website include making Google’s SafeSearch the default browsing mode for everyone under 18, YouTube turning off autoplay for those under 18, and TikTok and Instagram disabling direct messages between children and adults they do not follow.
The legislation will also require online services to automatically turn on the highest privacy settings for minors. With this bill, “California has the chance to lead the way in making the digital world safe for American children,” the site reads.
