Google, Meta and TikTok fight California's under-16s rules

Google, Meta and TikTok have filed separate lawsuits against California to stop the state from enforcing Assembly Bill 1709, a new law that limits the features social media platforms can offer children under 16. 

The companies say the law breaches US free speech protections.

What the law requires

AB 1709 bars platforms from offering underage children "psychologically exploitative features" that could lead to compulsive use, such as personal recommendations and videos sent through autoplay. It also requires platforms to delete children's accounts that have those features.

The law takes effect on 1 January 2027 unless a judge voids it or puts it on hold.

The platforms' case

In lawsuits filed on Wednesday, the three companies said the law wrongly compels them to honour California's preferred way of presenting content to children, and puts the state's judgment in place of parents'.

They argue the law violates the First Amendment of the US Constitution. They also argue it breaches Section 230 of the federal Communications Decency Act, which broadly shields online platforms from liability over user content.

Google spokesperson José Castañeda said on Thursday: "Parents are best positioned to make the right decisions for their families. Overly broad laws like this actually break the systems we've built to help kids find high-quality, age-appropriate videos."

In its lawsuit, Meta said California cannot override its editorial judgments about how to curate and display billions of posts. It also said the law leaves children free to spend unlimited time on other online platforms that offer similar services.

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

The lawsuits were filed in federal courts in San Francisco, Los Angeles and San Jose.

State to defend the law

California Attorney General Rob Bonta enforces state law and is the only defendant named in the suits. His office said on Thursday it was reviewing the lawsuits.

"Our office is committed to defending California's commonsense laws to protect kids online," the office said.

Governor Gavin Newsom signed AB 1709 on 10 September. At the time he said children's safety should be central to any discussion about technology, and that California "will not stand by while unregulated technology puts our children at risk".

Many US states regulate children's access to social media. Countries around the world have similar restrictions, including Australia, which bans children under 16 from social media.