Regulators are increasingly focused on legislation on children’s and minor’s personal data and use of social media. In SB 976, the recently passed “Protecting Our Kids from Social Media Addiction Act,” the California legislature notes that approximately 95 percent of 13- to 17-year-olds say that they use at least one social media platform, and more than one-third report using social media almost constantly. The preamble of SB 976 also notes that some social media platforms include “addictive” features, including algorithmic content delivery and design features, that “pose a significant risk of harm to the mental health and well-being of children and adolescents.”
The California Department of Justice (California DOJ) is soliciting comments for its upcoming rulemaking on SB 976.
What is an “addictive feed”?
SB 976 makes it unlawful for the operator of an “addictive” internet-based service or application, to provide an addictive feed to a user, unless the operator does not have actual knowledge that the user is a minor. An “addictive feed” is defined under the law as an internet website, online service, online application, or mobile application, in which multiple pieces of media generated or shared by users are recommended, selected, or prioritized for display to a user based on information provided by the user, or otherwise associated with the user or the user’s device. The law applies to online services and applications that provide users with an addictive feed that constitutes a “significant part” of the service provided.
Prohibited Notification and Annual Disclosure Requirements
As an example of the requirements under SB 976, an operator of an addictive internet-based service or application is prohibited from sending notifications to a user between certain hours and days, in the user’s local time zone, if the operator has actual knowledge that the user is a minor.
Covered operators also need to annually disclose the number of minor users of its addictive internet-based service or application, and of that total, the number of verifiable parental consents received to provide the addictive feed, and the number of minor users as to whom the access controls are or are not enabled.
Age-related requirements are notoriously difficult for businesses to operationalize, particularly with internet-based services and applications, given the difficulties with tracking and determining users’ ages.
What will these regulations cover?
SB 976 requires the Attorney General to adopt regulations regarding age assurance and parental consent, as well as solicit public comment about the impact that regulations may have based on discrimination characteristics. The California DOJ emphasizes that it particularly seeks comment on (1) methods and standards for age assurance on social media and other online platforms used by minors, (2) ongoing obligations for operators of social media platforms performing age assurance, and (3) parental consent for use of social media and other online platforms by minors.
What’s next?
The California DOJ invites comments at an upcoming public meeting on November 5, 2025, either in-person or virtually. For further information, including how to submit public comments, please see here.
