Social media companies would be liable for harming children under proposed California bill
California legislators advanced a bill Tuesday that would make social media companies liable for designing platforms that addict young people and expose them to harmful information.
Yet even members of the Senate Judiciary Committee who supported the measure expressed concerns that it was too broad and not clear enough in some areas.
“I think that there’s plenty of work that needs to be done,” said Sen. Tom Umberg, D-Santa Ana, who chairs the committee.
SB 287 prohibits social media companies from using designs, features and algorithms that they know lead people younger than 18 to become addicted to their platforms. They would be liable if children develop an eating disorder, or receive information related to buying controlled substances, firearms or dying by suicide.
The bill is the latest attempt from California lawmakers to hold technology companies accountable for the increasing mental health challenges faced by young people, particularly girls.
Tuesday’s hearing included emotional support for the measure. Sophie Szew, 20, described how she developed an eating disorder after signing up for an Instagram account when she was 10.
“Standing with me today are millions of young people whose worlds were destroyed because social media companies knowingly and negligently risk our lives for the sake of profit,” Szew said. “And capitalize upon our vulnerability.”
Other moments were marked by the minutiae of crafting a bill on a complicated topic; Senators stopped to ponder how best to define “addiction,” “message” and “content.”
Those answers are critical for a measure that faces strong opposition from major companies and is likely to be challenged in court if it passes.
“We need to get it right,” said Sen. Scott Wilk, R-Santa Clarita.
Dylan Hoffman, of the technology trade group TechNet, warned the bill would not hold up to legal scrutiny under the First Amendment. The organization represents major social media companies including those that own Facebook, Instagram, YouTube and Snapchat, according to its website.
“We’re very open that we need to be better,” said Hoffman, who oversees TechNet’s lobbying in California. “But this bill is not well crafted to solving that problem.”
Sen. Nancy Skinner, D-Berkeley, acknowledged the proposal has a long way to go.
During the hearing, she announced an amendment that would allow only the California Attorney General, district attorneys, and attorneys for counties and cities to bring lawsuits. That is in line with a similar proposal introduced last year that also attempted to make social media companies liable. The bill ultimately died in a Senate committee after also facing stiff opposition.
“I am committed to continue to work on this,” Skinner told her colleagues.
Still, the change wasn’t enough to allay concerns about the measure. The bill now moves to the Senate Appropriations Committee.
This story was originally published April 12, 2023 at 7:06 AM.
