CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill
No. 976

Introduced by Senator Skinner
(Coauthors: Senators Allen, Ashby, Durazo, Rubio, and Wilk)

January 29, 2024

An act to add Chapter 23 (commencing with Section 27000) to Division 20 of the Health and Safety Code, relating to youth addiction.


LEGISLATIVE COUNSEL'S DIGEST


SB 976, as introduced, Skinner. Social Media Youth Addiction Law.
Existing law, the California Age-Appropriate Design Code Act, requires, beginning July 1, 2024, a business that provides an online service, product, or feature likely to be accessed by children to comply with certain requirements. The act requires the business to complete a data protection impact assessment addressing, among other things, whether the design could harm children and whether and how the online product, service, or feature uses system design features to increase, sustain, or extend use of the online product, service, or feature by children, including the automatic playing of media, rewards for time spent, and notifications. Existing law prohibits the business from using the personal information of any child in a way that the business knows, or has reason to know, is materially detrimental to the physical health, mental health, or well-being of a child.
Existing law, the Privacy Rights for California Minors in the Digital World, prohibits an operator of an internet website, online service, online application, or mobile application from specified conduct when minors are involved, including the marketing or advertising of alcoholic beverages, firearms, or certain other products or services. Existing law sets forth other related protections for minors, including under the California Consumer Privacy Act of 2018 and the California Privacy Rights Act of 2020.
This bill, the Social Media Youth Addiction Law, would make it unlawful for the operator of an addictive social media platform, as defined, to provide an addictive feed to a user, unless the operator has reasonably determined that the user is not a minor or the operator has obtained verifiable parental consent to provide an addictive feed to the user who is a minor.
The bill would define “addictive feed” as an internet website, online service, online application, or mobile application, in which multiple pieces of media generated or shared by users are recommended, selected, or prioritized for display to a user based on information provided by the user, or otherwise associated with the user or the user’s device, as specified, unless any of certain conditions are met.
The bill would make it unlawful for the operator of an addictive social media platform, between the hours of 12:00 AM and 6:00 AM, inclusive, in the user’s local time zone, and between the hours of 8:00 AM and 3:00 PM, inclusive, Monday through Friday from September through May in the user’s local time zone, to send notifications to a user who is a minor unless the operator has obtained verifiable parental consent to send those notifications. The bill would set forth related provisions for certain access controls determined by the verified parent.
The bill would require an operator to annually disclose the number of minor users of its addictive social media platform, and of that total the number for whom the operator has received verifiable parental consent to provide an addictive feed, and the number of minor users as to whom the access controls are or are not enabled.
The bill would authorize the Attorney General to adopt regulations to further the purposes of these provisions. The bill would make these provisions severable.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 The Legislature finds and declares both of the following:
(a) Social media provides an important tool for communication and information sharing. However, some social media platforms have evolved to include addictive features, including the algorithmic delivery of content, that pose a significant risk of harm to the mental health and well-being of children and adolescents.
(b) It is essential, given the ongoing youth mental health crisis, that California act to ensure that social media platforms obtain parental consent before exposing children and adolescents to these features.

SEC. 2.

 Chapter 23 (commencing with Section 27000) is added to Division 20 of the Health and Safety Code, to read:
CHAPTER  23. Social Media Youth Addiction

27000.
 This chapter shall be known, and may be cited, as the Social Media Youth Addiction Law.

27000.5.
 For purposes of this chapter, the following terms have the following meanings:
(a) “Addictive feed” means an internet website, online service, online application, or mobile application, or a portion thereof, in which multiple pieces of media generated or shared by users are, either concurrently or sequentially, recommended, selected, or prioritized for display to a user based, in whole or in part, on information provided by the user, or otherwise associated with the user or the user’s device, unless any of the following conditions are met, alone or in combination with one another:
(1) The information, including search terms entered by a user, is not persistently associated with the user or user’s device, and does not concern the user’s previous interactions with media generated or shared by others.
(2) The information consists of user-selected privacy or accessibility settings, technical information concerning the user's device, or device communications or signals concerning whether the user is a minor.
(3) The user expressly and unambiguously requested the specific media or media by the author, creator, or poster of the media, provided that the media is not recommended, selected, or prioritized for display based, in whole or in part, on other information associated with the user or the user’s device, except as otherwise permitted by this chapter and, in the case of audio or video content, is not automatically played.
(4) The media consists of direct, private communications between users.
(5) The media recommended, selected, or prioritized for display is exclusively the next media in a preexisting sequence from the same author, creator, poster, or source and, in the case of audio or video content, is not automatically played.
(b) “Addictive social media platform” means an internet website, online service, online application, or mobile application, that offers or provides users an addictive feed that is not incidental to the provision of that internet website, online service, online application, or mobile application.
(c) “Media” means text, audio, an image, or a video.
(d) “Minor“ means an individual under 18 years of age.
(e) “Operator” means a person who operates or provides an internet website, an online service, an online application, or a mobile application.
(f) “Parent” means a parent or a legal guardian.
(g) “User” means a person, located in the State of California, who uses an internet website, online service, online application, or mobile application. “User” does not include the operator or a person acting as an agent of the operator.

27001.
 (a) It shall be unlawful for the operator of an addictive social media platform to provide an addictive feed to a user unless either of the following is met:
(1) The operator has reasonably determined that the user is not a minor.
(2) The operator has obtained verifiable parental consent to provide an addictive feed to the user who is a minor.
(b) Information collected for the purpose of determining a user’s age under subdivision (a) shall not be used for any purpose other than compliance with this chapter or with another applicable law.

27002.
 (a) It shall be unlawful for the operator of an addictive social media platform, between the hours of 12:00 AM and 6:00 AM, inclusive, in the user’s local time zone, and between the hours of 8:00 AM and 3:00 PM, inclusive, from Monday through Friday from September through May in the user’s local time zone, to send notifications to a user who is a minor unless the operator has obtained verifiable parental consent to send those notifications.
(b) The operator of an addictive social media platform shall provide a mechanism through which the verified parent of a user who is a minor may do any of the following:
(1) Prevent their child from accessing or receiving notifications from the addictive social media platform between specific hours chosen by the parent. This setting shall be set by the operator as on by default, in a manner in which the child’s access is limited between the hours of 12:00 AM and 6:00 AM, inclusive, in the user’s local time zone.
(2) Limit their child’s access to the addictive social media platform to a length of time per day specified by the verified parent. This setting shall be set by the operator as on by default, in a manner in which the child’s access is limited to one hour per day unless modified by the verified parent.
(3) Limit their child’s ability to view the number of likes or other forms of feedback to pieces of media within an addictive feed. This setting shall be set by the operator as on by default.
(4) Require that the default feed provided to the child when entering the platform be one in which pieces of media are not recommended, selected, or prioritized for display based on information provided by the user, or otherwise associated with the user or the user’s device, other than the user’s age or status as a minor.
(5) Set their child’s account to private mode, in a manner in which only users to whom the child is connected on the addictive social media platform may view or respond to content posted by the child. This setting shall be set by the operator as on by default.

27003.
 (a) This chapter shall not be construed as requiring the operator of an addictive social media platform to give a parent any additional or special access to, or control over, the data or accounts of their child.
(b) This chapter shall not be construed as preventing any action taken in good faith to restrict access to, or availability of, media.

27004.
 An operator may choose not to provide services to minors. However, the operator of an addictive social media platform shall not withhold, degrade, lower the quality of, or increase the price of, any product, service, or feature, other than as required by this chapter, due to a user or parent availing themselves of the rights provided by this chapter, or due to the protections required by this chapter.

27005.
 An operator of an addictive social media platform shall disclose, on an annual basis, the number of minor users of its addictive social media platform, and of that total the number for whom the operator has received verifiable parental consent to provide an addictive feed, and the number of minor users as to whom the controls set forth in Section 27002 are or are not enabled.

27006.
 The Attorney General may adopt regulations to further the purposes of this chapter, including regulations regarding age verification and parental consent.

27007.
 If any provision of this chapter, or application thereof, to any person or circumstance is held invalid, that invalidity shall not affect other provisions or applications of this chapter that can be given effect without the invalid provision or application, and to this end the provisions of this chapter are declared to be severable.