WHAT THIS BILL REGULATES · 1 REQUIREMENT TYPE
How Is This Bill Enforced
Verbatim statutory text on the left; plain-language analysis and a per-section checklist on the right. Numbered markers cross-link to the matching checklist row.
(a)–(b) The Legislature finds and declares both of the following: (a) A substantial and growing body of research indicates that social media use by children under 16 years of age presents heightened risks, including exposure to harmful content, compulsive use patterns, exploitation, and adverse impacts on mental health and well-being. (b) Existing age-based restrictions that rely primarily on user self-attestation have proven ineffective and place an unreasonable burden on children and families rather than on the entities that design, operate, and profit from social media platforms.
Section 1 sets forth the Legislature's findings regarding the risks of social media use by children under 16, including exposure to harmful content, compulsive use patterns, exploitation, and adverse mental health impacts. It also finds that existing age-based restrictions relying on user self-attestation are ineffective and place an unreasonable burden on families rather than on platform operators.
This section creates no compliance obligations — it provides the policy rationale for the operative provisions in Section 2.
(a) 1 A covered platformCovered platformThe bill does not include a statutory definition of 'covered platform' in the current amended text. The term is used throughout Chapter 22.9 (commencing with Section 22682) but is not defined within that chapter.Bus. & Prof. Code § 22682 shall not permit a user who is under 16 years of age to create or maintain an account on the covered platformCovered platformThe bill does not include a statutory definition of 'covered platform' in the current amended text. The term is used throughout Chapter 22.9 (commencing with Section 22682) but is not defined within that chapter.Bus. & Prof. Code § 22682.
(b) 2 A covered platformCovered platformThe bill does not include a statutory definition of 'covered platform' in the current amended text. The term is used throughout Chapter 22.9 (commencing with Section 22682) but is not defined within that chapter.Bus. & Prof. Code § 22682 shall implement reasonable measures to prevent users under 16 years of age from accessing or using accounts on the covered platformCovered platformThe bill does not include a statutory definition of 'covered platform' in the current amended text. The term is used throughout Chapter 22.9 (commencing with Section 22682) but is not defined within that chapter.Bus. & Prof. Code § 22682.
Section 22682 is the bill's core operative provision. Subsection (a) imposes an outright prohibition: covered platforms may not permit a user under 16 to create or maintain an account. Subsection (b) requires covered platforms to implement reasonable measures to prevent underage access. Together they establish both a substantive ban and an affirmative duty to enforce it.
The 'reasonable measures' standard in subsection (b) is undefined, which leaves significant implementation discretion to platforms. The bill does not prescribe specific age verification methods, though the legislative digest references the Digital Age Assurance Act's API-based age bracket verification mechanism as existing law in this space.
(a) This chapter shall be enforced by a civil action brought only by the Attorney General, a district attorney, or a city attorney.
(b)(1)–(2) A covered platformCovered platformThe bill does not include a statutory definition of 'covered platform' in the current amended text. The term is used throughout Chapter 22.9 (commencing with Section 22682) but is not defined within that chapter.Bus. & Prof. Code § 22682 that violates this chapter shall be subject to a civil penalty of the following: (1) Up to ____ dollars ($____) per affected minor for a knowing violation. (2) Up to ____ dollars ($____) per affected minor for a negligent violation.
(c) In assessing a civil penalty under this section, a court shall consider the size of the covered platformCovered platformThe bill does not include a statutory definition of 'covered platform' in the current amended text. The term is used throughout Chapter 22.9 (commencing with Section 22682) but is not defined within that chapter.Bus. & Prof. Code § 22682, the severity and duration of the violation, and the covered platformCovered platformThe bill does not include a statutory definition of 'covered platform' in the current amended text. The term is used throughout Chapter 22.9 (commencing with Section 22682) but is not defined within that chapter.Bus. & Prof. Code § 22682's good faith efforts to comply with this chapter.
Section 22683 establishes the enforcement mechanism and penalty structure. Enforcement is limited to civil actions by the Attorney General, district attorneys, or city attorneys — there is no private right of action. Civil penalties are assessed per affected minor, with separate tiers for knowing and negligent violations, though the dollar amounts are currently blank.
Subsection (c) provides sentencing factors: the court must consider platform size, severity and duration of the violation, and the platform's good faith compliance efforts. The good-faith-efforts factor creates an informal safe harbor incentive for platforms that attempt compliance even if they fall short.