Assembly advances bill to raise financial penalties for social platforms over harms to children

Assemblymember Al Lowenthal introduced AB 2 on behalf of the state Legislature’s effort to increase accountability for social media platforms that court proceedings find were negligent in causing harm to children and teens. The committee voted to pass the bill as amended to the Assembly Judiciary Committee.

Supporters said the bill does not change the existing burden of proof for negligence in court but would set higher statutory damages in cases where negligence is proven. “AB 2 will hold social media platforms accountable for their failure to exercise ordinary care that results in harm to children and teenagers,” Assemblymember Lowenthal said, adding that the bill applies penalties only if negligence is proven in court.

The bill drew extensive testimony from families, advocacy organizations and researchers. Amy Neville, a parent who lost her 14-year-old son after a drug transaction that connected through Snapchat, described the platform’s role in the tragedy and urged lawmakers to adopt the bill’s enhanced penalties. “No parent should have to bury their child because a social media company failed to exercise ordinary care,” Neville said.

Nicole Rocha of Common Sense Media framed AB 2 as building on existing negligence law codified in the civil code and said recent internal platform disclosures and research show the companies understand that some features contribute to harm. “AB 2 is simple. It builds upon existing law and creates enhanced financial penalties for large social media companies who have breached the ordinary standard of care and caused harm to children through their negligence,” Rocha said.

Opponents, including industry groups and digital-rights lawyers, argued the bill is legally uncertain and could produce broad unintended effects. Robert Boykin of TechNet said the proposal’s language is vague as to what conduct would trigger enhanced penalties and warned companies could respond by restricting service for under-18 users. The Electronic Frontier Foundation warned the combination of a broad harm standard with statutory damages could incentivize overbroad censorship of protected speech.

Committee members expressed concern about two recurring issues: (1) whether the bill should proceed as a private right of action or be limited to public prosecutors, and (2) whether the language should narrow the standard to avoid frivolous lawsuits. Lowenthal said the bill had previously been amended in a prior session to rely on public prosecutors in some versions and that he and stakeholders would continue negotiating on those points as the bill moves through the process.

The committee adopted the author’s acceptance of committee amendments and voted to pass AB 2 as amended to the Assembly Judiciary Committee for legal review and possible further changes. The measure will next be considered by Judiciary, where members said they expect to address the scope of liability and the form of enforcement.