AB 2408 California Assembly · 2021-2022 Regular Session

Social media platform: child users: addiction.

Summary
Existing law, the California Consumer Privacy Act of 2018, prohibits a business from selling the personal information of a consumer if the business has actual knowledge that the consumer is less than 16 years of age, unless the consumer, in the case of a consumer at least 13 years of age and less than 16 years of age, or the consumer's parent or guardian, in the case of a consumer who is less than 13 years of age, has affirmatively authorized the sale of the consumer's personal information. Existing law, the Unfair Practices Act, makes certain business practices unlawful and regulates various businesses to, among other things, preserve and regulate competition, prohibit unfair trade practices, and regulate advertising. This bill, the Social Media Platform Duty to Children Act, would prohibit a social media platform, as defined, from using a design, feature, or affordance that the platform knew, or by the exercise of reasonable care should have known, causes a child user, as defined, to become addicted to the platform. The act would authorize the Attorney General or a district attorney, county counsel, or city attorney to bring an action to recover or obtain certain relief, including a civil penalty of up to $250,000 for a knowing and willful violation, and an award of litigation costs and attorneys' fees. The bill would provide that a social media platform is not subject to a civil penalty if it demonstrates that it met certain requirements, and would exempt a social media platform that is controlled by a business entity that generated less than $100,000,000 in gross revenue during the preceding calendar year or whose primary function is to allow users to play video games.
Bill status passed 3 of 5 stages cleared
Introduction
Feb 2022
Committee Review
Aug 2022
Assembly Passage
May 2022
Senate Passage
Governor
Introduced Feb 17, 2022 Last action Aug 11, 2022
Floor votes · Assembly May 23, 2022

How they voted

480
Passed · 27 other
Total votes 75
May 23, 2022
D Democratic55
38 Yea 17
69% Yea
I Independent1
1 Yea
100% Yea
R Republican19
9 Yea 10
47% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
16
Key actions
5
Committee
6
Amendments
6
Aug 11, 2022
Upper · Passed
In committee: Held under submission.
upper
Aug 2, 2022
Committee
In committee: Referred to suspense file.
upper
Jun 30, 2022
Upper · Passed
Read second time and amended. Re-referred to Com. on APPR.
upper
Jun 29, 2022
Introduced
From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 8. Noes 0.) (June 28).
upper
Jun 20, 2022
Introduced
From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on JUD.
upper
Jun 1, 2022
Committee
Referred to Coms. on JUD. and APPR.
upper
May 23, 2022
Lower · Passed
Read third time. Passed. Ordered to the Senate. (Ayes 51. Noes 0. Page 4823.)
lower
May 4, 2022
Lower · Passed
Read second time and amended. Ordered returned to second reading.
lower
May 3, 2022
Introduced
From committee: Amend, and do pass as amended. (Ayes 9. Noes 0.) (May 3).
lower
Mar 28, 2022
Committee
Re-referred to Com. on JUD.
lower
Mar 24, 2022
Introduced
From committee chair, with author's amendments: Amend, and re-refer to Com. on JUD. Read second time and amended.
lower
Mar 24, 2022
Committee
Referred to Com. on JUD.
lower
Feb 18, 2022
Lower · Passed
From printer. May be heard in committee March 20.
lower
1 primary · 1 co-sponsor

Sponsors