Google, Meta, and TikTok file separate lawsuits over California youth SNS regulations

Google, Meta, and TikTok filed a lawsuit against California state regulations that banned the provision of algorithm-based recommended posts on youth social networking services (SNS).

According to the complaint filed by the three companies on the 5th (local time), they claimed that California's law (AB 1709) related to age restrictions on social media platforms, which was recently enacted by the state of California and is scheduled to go into effect on January 1 of next year, violated the freedom of expression guaranteed by the 1st Amendment to the Constitution and Article 230 of the Federal Communications Decency Act (CDA).

Depending on the location of each company's headquarters, Meta filed a complaint in the Northern District of California, Google filed a complaint in the Northern District of San Jose, and TikTok filed a complaint in the Central District of California.

California's law stipulates that automated algorithm-based personalized post recommendations (feeds) or video auto-play functions cannot be provided to youth under the age of 16, as they are judged to be psychologically exploitative of youth.

However, companies argued that editorial judgment in recommending posts should be protected by freedom of expression, and that platforms are exempt from liability under the Communications Decency Act for how they distribute and place content posted by third parties (users).

In particular, Google, which owns YouTube, strongly criticized California's regulation, calling it "a law that takes away the power to control what children watch from parents and hands it over to the state government."

Google also emphasized that its recommendation system is intended to deliver content that is beneficial and age-appropriate to users.

Meta said the company already offers the option to disable personalized recommendations for youth accounts under agreements with state governments.

They also protested that use of youth accounts is limited to 2 hours per day.

TikTok also made a similar claim, criticizing that its recommended feed should not be banned uniformly because it is a core service that allows young people to access useful information and creative expressions.

California Attorney General Rob Bonta, a defendant in this lawsuit, told Reuters that he had begun a review of the complaint and that the Department of Justice would respond head-on, saying, "The Department of Justice will do its best to protect common sense laws to protect children online."

Minister Bonta, along with attorneys general from 45 states across the U.S., issued a joint statement urging the U.S. Senate to pass the 'Children's Online Safety Act' (KOSA), emphasizing that even if the federal law is passed, stronger independent state regulations like California's should continue.

Amid concerns that SNS is causing youth addiction and exposure to harmful content, regulations on youth SNS are spreading around the world.

Since Australia enacted a law banning youth use of SNS, more than 20 countries have adopted or are pursuing similar regulations, and in Korea, President Lee Jae-myung has ordered related discussions.

Last August, Meta settled a youth SNS addiction lawsuit filed by U.S. state governments, promising to pay up to 23 trillion won, and also changed the algorithm, including limiting daily SNS use, blocking access to apps at night, and strengthening parental supervision functions.