Section § 27000

Explanation

This section names the legislation as the "Protecting Our Kids from Social Media Addiction Act." It serves as the title for the chapter addressing issues related to social media addiction among children.

This chapter shall be known, and may be cited, as the Protecting Our Kids from Social Media Addiction Act.

Section § 27000.5

Explanation

This section explains the meanings of specific terms related to internet-based services and applications. An 'addictive feed' is a service where user-generated media is recommended or displayed based on user data, with certain exceptions such as media requested by the user or direct communications. An 'addictive internet-based service or application' is defined as one that includes an addictive feed, but does not include sites limited to commercial transactions or reviews, or those focused on cloud storage. Terms like 'media,' 'minor,' 'operator,' 'parent,' and 'user' are also defined, specifying that a minor is anyone under 18 in California, and operators are those who provide such internet services.

For purposes of this chapter, the following terms have the following meanings:
(a)CA Health and Safety Code § 27000.5(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)CA Health and Safety Code § 27000.5(a)(1) The information 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)CA Health and Safety Code § 27000.5(a)(2) The information consists of search terms that are not persistently associated with the user or user’s device.
(3)CA Health and Safety Code § 27000.5(a)(3) 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.
(4)CA Health and Safety Code § 27000.5(a)(4) The user expressly and unambiguously requested the specific media or media by the author, creator, or poster of the media, or the blocking, prioritization, or deprioritization of such 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.
(5)CA Health and Safety Code § 27000.5(a)(5) The media consists of direct, private communications between users.
(6)CA Health and Safety Code § 27000.5(a)(6) 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.
(7)CA Health and Safety Code § 27000.5(a)(7) The recommendation, selection, or prioritization of the media is necessary to comply with this chapter or any regulations promulgated pursuant to this chapter.
(b)Copy CA Health and Safety Code § 27000.5(b)
(1)Copy CA Health and Safety Code § 27000.5(b)(1) “Addictive internet-based service or application” means an internet website, online service, online application, or mobile application, including, but not limited to, a “social media platform” as defined in Section 22675 of the Business and Professions Code, that offers users or provides users with an addictive feed as a significant part of the service provided by that internet website, online service, online application, or mobile application.
(2)CA Health and Safety Code § 27000.5(b)(2) “Addictive internet-based service or application” does not apply to either of the following:
(A)CA Health and Safety Code § 27000.5(b)(2)(A) An internet website, online service, online application, or mobile application for which interactions between users are limited to commercial transactions or to consumer reviews of products, sellers, services, events, or places, or any combination thereof.
(B)CA Health and Safety Code § 27000.5(b)(2)(B) An internet website, online service, online application, or mobile application that operates a feed for the primary purpose of cloud storage.
(c)CA Health and Safety Code § 27000.5(c) “Media” means text, audio, an image, or a video.
(d)CA Health and Safety Code § 27000.5(d) “Minor” means an individual under 18 years of age who is located in the State of California.
(e)CA Health and Safety Code § 27000.5(e) “Operator” means a person who operates or provides an internet website, an online service, an online application, or a mobile application.
(f)CA Health and Safety Code § 27000.5(f) “Parent” means a parent or guardian, including as defined in regulations promulgated pursuant to this chapter.
(g)CA Health and Safety Code § 27000.5(g) “User” means a person 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.

Section § 27001

Explanation

This law makes it illegal for operators of addictive internet-based services or applications to provide content likely to create dependency, called an 'addictive feed,' to users unless specific conditions are met. Starting in 2027, operators must ensure the user is not a minor unless they have been given verifiable parental consent to provide the feed. If operators collect information to verify a user's age or get parental consent, they can only use it for compliance reasons and must delete this information right after it's used, unless other laws require them to keep it.

(a)CA Health and Safety Code § 27001(a) It shall be unlawful for the operator of an addictive internet-based service or application to provide an addictive feed to a user unless either of the following is met:
(1)Copy CA Health and Safety Code § 27001(a)(1)
(A)Copy CA Health and Safety Code § 27001(a)(1)(A) Except as provided in subparagraph (B), the operator does not have actual knowledge that the user is a minor.
(B)CA Health and Safety Code § 27001(a)(1)(A)(B) Commencing January 1, 2027, the operator has reasonably determined that the user is not a minor, including pursuant to regulations promulgated by the Attorney General.
(2)CA Health and Safety Code § 27001(a)(2) The operator has obtained verifiable parental consent to provide an addictive feed to the user who is a minor.
(b)CA Health and Safety Code § 27001(b) Information collected for the purpose of determining a user’s age or verifying parental consent pursuant to this chapter shall not be used for any purpose other than compliance with this chapter or with another applicable law. The information collected shall be deleted immediately after it is used to determine a user’s age or to verify parental consent, except as necessary to comply with state or federal law.

Section § 27002

Explanation
This law makes it illegal for operators of addictive internet services or apps to send notifications to minors between midnight and 6 a.m., and 8 a.m. to 3 p.m. on weekdays during the school year unless parents give permission. Starting in 2027, this rule applies unless the operator confirms the user isn't a minor. Parents must have tools to control their child's access during certain hours, limit daily use, block likes and feedback, ensure a non-targeted content feed, and set accounts to private, all of which should be default settings.
(a)Copy CA Health and Safety Code § 27002(a)
(1)Copy CA Health and Safety Code § 27002(a)(1) Except as provided in paragraph (2), it shall be unlawful for the operator of an addictive internet-based service or application, between the hours of 12 a.m. and 6 a.m., in the user’s local time zone, and between the hours of 8 a.m. and 3 p.m., from Monday through Friday from September through May in the user’s local time zone, to send notifications to a user if the operator has actual knowledge that the user is a minor unless the operator has obtained verifiable parental consent to send those notifications.
(2)CA Health and Safety Code § 27002(a)(2) Commencing January 1, 2027, it shall be unlawful for the operator of an addictive internet-based service or application, between the hours of 12 a.m. and 6 a.m., in the user’s local time zone, and between the hours of 8 a.m. and 3 p.m., from Monday through Friday from September through May in the user’s local time zone, to send notifications to a user whom the operator has not reasonably determined is not a minor, including pursuant to regulations promulgated by the Attorney General, unless the operator has obtained verifiable parental consent to send those notifications.
(b)CA Health and Safety Code § 27002(b) The operator of an addictive internet-based service or application shall provide a mechanism through which the verified parent of a user who is a minor may do any of the following:
(1)CA Health and Safety Code § 27002(b)(1) Prevent their child from accessing or receiving notifications from the addictive internet-based service or application 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 a.m. and 6 a.m., in the user’s local time zone.
(2)CA Health and Safety Code § 27002(b)(2) Limit their child’s access to any addictive feed from the addictive internet-based service or application 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)CA Health and Safety Code § 27002(b)(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)CA Health and Safety Code § 27002(b)(4) Require that the default feed provided to the child when entering the internet-based service or application 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)CA Health and Safety Code § 27002(b)(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 internet-based service or application may view or respond to content posted by the child. This setting shall be set by the operator as on by default.

Section § 27003

Explanation

This law makes it clear that operators of internet services or apps that might be addictive are not required to give parents extra access to or control over their child's accounts or data. Additionally, the law allows actions taken in good faith to limit access to certain media.

(a)CA Health and Safety Code § 27003(a) This chapter shall not be construed as requiring the operator of an addictive internet-based service or application to give a parent any additional or special access to, or control over, the data or accounts of their child.
(b)CA Health and Safety Code § 27003(b) This chapter shall not be construed as preventing any action taken in good faith to restrict access to, or availability of, media.

Section § 27004

Explanation

This law states that operators of internet services can choose not to serve minors, but they can't reduce the quality or raise the price just because users or parents are using their rights or protections under this chapter. If parents give consent for their children to use these services, it doesn't let companies off the hook from any responsibility for harm to a child's mental health. The protections offered by this law are on top of any others, including those in the California Age-Appropriate Design Code Act.

(a)CA Health and Safety Code § 27004(a) An operator may choose not to provide services to minors. However, the operator of an addictive internet-based service or application 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.
(b)CA Health and Safety Code § 27004(b) A parent’s provision of consent as described in Section 27001 or 27002, or the use by a parent of a mechanism as described in Section 27002, does not waive, release, otherwise limit, or serve as a defense to, any claim that the parent, or that the user who is a minor or was a minor at the time of using the internet-based service or application, might have against the operator of an addictive internet-based service or application regarding any harm to the mental health or well-being of the user.
(c)CA Health and Safety Code § 27004(c) The protections provided by this chapter are in addition to those provided by any other applicable law, including, but not limited to, the California Age-Appropriate Design Code Act (Title 1.81.47 (commencing with Section 1798.99.28) of Part 4 of Division 3 of the Civil Code).

Section § 27005

Explanation

This law requires companies that run addictive internet services or apps to share certain data every year. They must disclose how many minors use their service, how many have parental permission to access addictive content, and how many minors have safety controls enabled or not.

An operator of an addictive internet-based service or application shall publicly disclose, on an annual basis, the number of minor users of its addictive internet-based service or application, 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.

Section § 27006

Explanation

This law states that only the California Attorney General can enforce its rules through civil action. It requires the Attorney General to make rules by January 1, 2027, concerning age verification and parental consent, ensuring these measures align with the chapter's aim to protect minors.

The Attorney General might create exceptions to the regulations, but only if they also help protect minors. When making these rules, the Attorney General must seek public input about how the regulations may affect discrimination as per other relevant laws.

(a)CA Health and Safety Code § 27006(a) This chapter may only be enforced in a civil action brought in the name of the people of the State of California by the Attorney General.
(b)CA Health and Safety Code § 27006(b) The Attorney General shall adopt regulations to further the purposes of this chapter, including regulations regarding age assurance and parental consent by January 1, 2027. The Attorney General may adopt regulations that provide for exceptions to this chapter, but only if those exceptions further the purpose of protecting minors.
(c)CA Health and Safety Code § 27006(c) In promulgating the regulations described in subdivision (b), the Attorney General shall solicit public comment regarding the impact that any regulation might have based on the nondiscrimination characteristics set forth in Section 51 of the Civil Code or in any other applicable law.

Section § 27007

Explanation

This section means that if any part of this chapter is found to be invalid or unenforceable for a person or situation, it does not affect the rest. The remaining parts of the chapter can still be enforced on their own. The law is designed so each part can stand independently.

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.