Technology companies Google, Meta and Tik Tok sued the state of California on Wednesday to block a new law that restricts companies from targeting children younger than 16 with “addictive” social media content that can keep them scrolling for hours.
Assembly Bill 1709, introduced by Assemblymember Josh Lowenthal (D-Long Beach), bars social media sites from providing features such as autoplay and recommended content displays to teenagers and young children.
The social media companies, which filed separate lawsuits in federal court, cited their 1st Amendment right to free speech and the Communications Decency Act, which protects online platforms from being sued over content posted by third parties. Meta Platforms, as well as Google and YouTube, filed lawsuits in the Northern District of California. TikTok filed in the Central District.
California’s attempt to “appoint the State as the editor, curator and controller of online speech” and “override Meta’s editorial judgment about how to curate and display these billions of posts of third-party speech,” violates the U.S. Constitution, attorneys for Meta wrote in its lawsuit. The technology company owns Instagram, Facebook and Threads.
A representative for Atty. Gen. Rob Bonta said his office was reviewing the litigation.
The legal action follows successful lawsuits brought against the tech giants by California and others that have resulted in massive civil settlements. At the same time, the tech industry continues to file legal challenges to block state efforts to rein in social media companies.
Lowenthal said earlier this year he was inspired to seek more safeguards for social media users, citing the anxiety and depression among children who grew up with access to cellphones, tablets and computer screens.
The addictive nature of autoplay and other features is “harmful, full stop, and that they’re not appropriate for the developing brain,” Lowenthal said.
Tech industry groups opposed Lowentha’s bill, arguing it would hamper users’ ability to connect with family and friends.
Meta and others sued last year over Senate Bill 976, a similar bill known as “Protecting Our Kids from Social Media Addiction Act” that bars addictive feeds and certain features to minors without parental consent. The 9th Circuit Court of Appeals likely will hear arguments in the case next spring, Courthouse News Services reported last month.
Both Senate Bill 976 and Assembly Bill 1709 go into effect on Jan. 1.
TikTok, in its lawsuit filed Wednesday, argues that AB 1709 essentially overrides SB 976, preventing a social media site from providing “addictive features,” even if parents consent to a minor’s use of the features. The company also argued it has restrictions in place to protect teens.
“The consequence is that a parent who has reviewed TikTok’s platform, linked her account to her fifteen-year-old’s account through Family Pairing, set a 30-minute daily screen-limit, enabled Restricted Mode, and concluded that a personalized For You feed introducing her daughter to new musicians and science educators is appropriate for her family has no ability under California law to make that choice,” Tik Tok’s attorneys wrote. “Nor does the fifteen-year-old daughter have any say in her online expression.”
California is home to some of the biggest social media companies, who increasingly are facing lawsuits over their products. California was among dozens of states that sued Meta in 2023, alleging it designed harmful and addictive features to hook children while misleading the public about the dangers. Some of the harms included depression, anxiety, addiction and body image issues as young people compare themselves to others on social media.
Meta agreed to pay up to $17 billion and make changes to its Facebook and Instagram platforms, including hiding likes and reactions and blocking teens from using extreme makeup filters. The company also said it would enact a default two-hour daily time limit that teens can turn off only with parental permission, mute notifications during school hours and implement a night access mode that blocks its apps from midnight to 6 a.m.
In another landmark case, a Los Angeles jury in March found that Instagram and YouTube were responsible for the suffering of a Chico, Calif., woman who charged the platforms were addictive by design. The 20-year-old, who was awarded $6 million damages, said she became hooked on YouTube and Instagram in grade school.
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