Newsom’s New Law: Regulating Social Media Use Among Children in California
California Governor Gavin Newsom‘s latest signed bill,
AB-2273
, aims to protect children’s health and wellbeing by regulating their
social media use
. This groundbreaking legislation marks a new era in digital privacy, targeting tech companies that collect personal information from minors without parental consent. The law applies to all
social media platforms
and requires them to obtain permission from parents before collecting data on children under 1For younger kids, under age 6, the platforms must implement a “high-priority” setting to limit targeted advertising and data collection. This is a
major shift
in how companies handle children’s information and reflects growing concerns over the impact of social media on young users.
Under AB-2273, platforms that fail to comply with these regulations face penalties, including fines up to $50,000 per day. This is a significant increase from previous penalties and signifies the state’s commitment to enforcing these new rules. The law also includes provisions for data security, requiring companies to take “reasonable steps” to protect children’s information. These measures aim to address concerns over privacy breaches and potential harm caused by data misuse.
California’s new law is part of a larger trend toward greater regulation of social media and tech companies. Similar efforts are underway in other states, as well as at the federal level. Supporters argue that stronger protections for children are necessary to mitigate potential risks, such as cyberbullying, addiction, and privacy concerns. However, critics raise questions about the feasibility of enforcing these regulations across multiple platforms and the potential impact on free speech and innovation.
“California is setting a powerful example for other states and the federal government to follow,” said Cameron Kerry, senior fellow at the Brookings Institution. “Protecting children’s privacy online is not only a moral imperative but also an economic one, as future generations will be shaped by the digital world we create today.”
Introduction
Social media has become an integral part of our daily lives, and for children, it’s no exception. With the rise of social media use among kids, concerns over potential risks have grown significantly. Cyberbullying, online privacy, and addiction are just a few of the issues that have parents and lawmakers worried. In response to these concerns, California has recently enacted new legislation to regulate social media use among children. Known as the “California Kids Online Privacy and Protection Act” or Senate Bill 56 (SB 56), this law aims to protect children’s privacy and safety online.
Background on Social Media Use among Children
According to a link report, 71% of American teens use social media. Instagram, YouTube, and Snapchat are the most popular platforms among this demographic. While social media offers numerous benefits, such as connectivity and learning opportunities, it also presents risks that can negatively impact children’s mental health and safety.
California’s New Legislation: SB 56
Passed on September 30, 2021, Senate Bill 56 targets social media companies that collect data from children under 1The law requires these companies to obtain parental consent before collecting, selling, or sharing a child’s personal information. Additionally, social media platforms will be required to provide transparency about how they use children’s data and offer tools to help parents manage their child’s online presence.
Impact and Importance of SB 56
The California Kids Online Privacy and Protection Act is a significant step towards protecting children’s privacy and safety online. As concerns over child safety in the digital age continue to grow, more states and federal entities are expected to follow California’s lead. With data privacy, cybersecurity, and child safety becoming increasingly important issues, laws like SB 56 are crucial in ensuring that children’s rights and well-being are prioritized online.
Key Provisions of SB 56
Definition of “social media” under the new law:
The revised legislation defines “social media” as platforms that allow users to:
- create,
- share,
- and/or view
- user-generated content or information
that is publicly accessible via the internet.
- Websites, applications, or services
- that allow users to interact with each other
- virtually,
- including messaging apps and games.
Age restrictions on social media use:
Children under the age of 13 cannot create an account without parental consent. Parents must be:
- informed about the types of personal information being collected,
- and how it will be used.
Platforms must also:
- provide additional privacy protections for children under 13, such as limiting data collection and providing easy opt-out features.
Transparency requirements:
Social media companies must disclose their data collection practices to users and provide clear, concise explanations of how data is being used.
Parental consent requirements:
Companies must obtain affirmative consent from parents before collecting personal information from children under 13.
- Parents are also granted the ability to:
- review,
- delete, or modify
- their child’s information.
E. Minors (ages 13-18) must also have parental consent for targeted advertising:
Minors between the ages of 13 and 18 must also have parental consent for targeted advertising based on their personal data.
I Implementation and Enforcement of SB 56
Timeline:
This law, SB 56, took effect on January 1, 2023. Companies that fall under the jurisdiction of this regulation have one year from the effective date to comply with its requirements.
Penalties for non-compliance:
Failure to adhere to the new regulations could result in severe consequences for social media companies. Fines, sanctions, and even legal actions are potential penalties for non-compliance. The exact fines and consequences have yet to be determined, but they could range from hefty monetary penalties to more severe remedies such as injunctions or license revocations.
Role of the California Attorney General:
The California Attorney General plays a crucial role in enforcing this law and investigating potential violations. They have the authority to bring civil actions against non-compliant companies, seeking injunctions, fines, or other remedies as they deem necessary. The attorney general’s involvement signifies the seriousness with which California views this regulation and its potential impact on consumers’ privacy and data protection.
Possible impact on social media companies:
The implementation of SB 56 could result in significant changes for social media companies operating within California’s jurisdiction. Costs of compliance, potential loss of users, and shifts in business models are just a few aspects to consider as these companies adapt to the new regulations. The exact impact remains to be seen, but it’s clear that the implementation of this law will force social media companies to reevaluate their practices and dedicate resources to ensure compliance.
Debate and Criticisms Surrounding SB 56
Opposing arguments:
Some argue that California Senate Bill 56 (SB 56), also known as the “Children’s Right to Privacy Online Act,” is too restrictive, burdensome for businesses, or infringes upon parental rights. Critics raise concerns over potential chilling effects on innovation and free speech, suggesting that the law may stifle creativity and limit online expression. Furthermore, some argue that the law does not go far enough to address other issues, such as cyberbullying or online harassment, which may pose equally serious threats to children’s safety and well-being.
Counterarguments:
Despite these criticisms, supporters of SB 56 argue that the law is a necessary step to protect children’s privacy and safety in an increasingly digital world. They emphasize the importance of addressing potential negative consequences of social media use, such as mental health issues, addiction, and privacy violations. Furthermore, proponents highlight the precedent-setting nature of the legislation and its potential impact on other states and federal policies, arguing that California’s leadership in this area could set a powerful example for the rest of the nation.
Conclusion
SB 56, the California social media privacy law for minors, is a significant step towards protecting child safety and privacy online.
Key provisions
of the law include requiring social media companies to: (1) obtain parental consent before collecting, processing, or sharing personal information of minors; (2) provide parents with access to their children’s data and the ability to delete it; and (3) allow minors to request deletion of their old posts and information when they turn 18. These provisions have major implications for social media companies, as they must adapt their platforms to comply with the law; for parents, who now have increased control over their children’s online data and activities; and for children, who gain more privacy and autonomy in managing their digital footprints as they grow older.
Anticipated impact
of the new law on child safety, privacy, and digital rights debates could be significant. It may encourage other states or even federal legislation to follow suit, leading to a national conversation on online child safety regulations. The law’s impact may also extend beyond California, influencing social media companies to adopt similar policies worldwide to avoid regulatory fragmentation. Furthermore, the debate over appropriate balances between child protection and digital rights will continue as stakeholders discuss potential unintended consequences, such as chilling effects on free speech or privacy.
Future directions
- Monitoring the law’s implementation and impact on social media companies, parents, and children
- Evaluating potential extensions or modifications to the law based on ongoing discussions and emerging technologies
- Engaging in informed public discourse about child online safety and privacy regulations, both locally and globally
Call to action
: Join the conversation on child online safety and privacy regulations. Stay informed about SB 56’s implementation, engage with stakeholders, and share your thoughts on appropriate balances between child protection and digital rights. Together, we can help shape a safer and more equitable digital future for the next generation.
