California Bill Would Require Warnings on Social Media Sites to Protect Users
A proposed state law to put black-box warnings on social media in California is headed for a second hearing April 29.
The measure would require social media sites to warn users about the risks of social media for kids and teens.
The attorney general said he thinks social media warning labels are “an equitable and transparent way” to communicate risks to young users.
“Warning labels alone are not a panacea, they are another tool in the toolbox to address the growing mental health crisis and protect future generations of children,” Bonta said.
The legislation would require social media platforms to display a message stating: “The Surgeon General has warned that while social media may have benefits for some young users, social media is associated with significant mental health harms and has not been proven safe for young users.”
The warning would have to be displayed each calendar day when the user first logs on to the platform, and again after three hours of cumulative active use. It would also appear every hour after that, until the end of the calendar day.
The warning would also have to be displayed on at least 25 percent of the screen for at least 10 seconds.
Lawmakers proposed an amendment that would require the first warning to be accompanied by a conspicuous “X” icon, making it more easily dismissed.
After three hours of continual use, the black-box warning would take up from 75 to 100 percent of the screen for 90 seconds and could not be bypassed.
The Department of Public Health would be able to update the warning label to make sure it remains consistent with current science, according to an analysis of the bill.
Bauer-Kahan, who represents a Bay Area district, said she believes the world is in the midst of a “global mental health crisis,” according to the analysis.
“In the last decade or so, young people around the world have experienced a dramatic spike in rates of depression, anxiety, self-harm, and suicide,” Bayer-Kahan said.
The assemblywoman said she believes social media platforms have built systems designed to keep children “endlessly engaged” at the expense of their mental health.
“This bill shines a light on those harms and ensures that families are equipped with critical information to make informed choices,” the lawmaker said.
The bill passed the Assembly Privacy and Consumer Protection committee April 22. The next hearing is scheduled for April 29 in the Assembly’s Judicial committee.
The legislation is cosponsored by Common Sense Media and is supported by the Academy of Pediatrics California, Children’s Advocacy Institute, California Initiative for Technology and Democracy, and others.
Dr. Jason Nagata, a pediatrician who specializes in adolescent mental health, said the time youth spend on social media can displace time for other healthy activities.
A coalition of associations, including TechNet, the California Chamber of Commerce, and the Electronic Frontier Foundation, opposes the bill, claiming it conflicts with the First Amendment.
The Electronic Frontier Foundation, a nonprofit that defends civil liberties in the digital world, said that requiring platforms to prominently display a government-authored warning—particularly one that labels social media as a source of mental health harms—unfairly characterizes the media platform.
“The interaction between social media and young people’s mental health is far more nuanced than the generalized claim that it is harmful,” the group said. “In fact, there is no scientific consensus that social media is harmful to children’s mental health.”
TechNet and the California Chamber of Commerce also argue the bill raises constitutional concerns.
“The label isn’t narrowly tailored to address the stated risk of harm to youth mental health,” the groups said, according to the analysis of the bill. “… The bill infringes on the speech rights of minors and adults alike by creating a significant barrier to access information and communicate with others.”
