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| 1 | + | Amended IN Assembly March 17, 2025 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 2Introduced by Assembly Member LowenthalDecember 02, 2024An act to add Section 1714.02 to the Civil Code, relating to social media platforms.LEGISLATIVE COUNSEL'S DIGESTAB 2, as amended, Lowenthal. Social media platforms: injuries Injuries to children: civil penalties.Existing law provides that everyone is responsible not only for the result of their willful acts, but also for an injury occasioned to another by their want of ordinary care or skill in the management of their property or person.This bill would state the intent of the Legislature to enact legislation that would make a social media platform liable for specified civil penalties in addition to any other remedy provided by law, if the platform fails to exercise ordinary care or skill toward a child. make a social media platform, as defined, liable for specified damages in addition to any other remedy provided by law, if the platform fails to exercise ordinary care or skill toward a child.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. The people of the State of California find as follows:(a) Subdivision (a) of Section 1714 of the Civil Code already makes every person and corporation, including social media platforms, financially responsible for an injury occasioned to another by their want of ordinary care or skill in the management of their property or person.(b) Children are uniquely vulnerable on social media platforms.(c) The biggest social media platforms invent and deploy features they know injure large numbers of children, including contributing to child deaths.(d) The costs of these injuries are unfairly being paid by parents, schools, and taxpayers, not the platforms.(e) This act is necessary to ensure that the social media platforms that are knowingly causing the most severe injuries to the largest number of children receive heightened damages to prevent injury from occurring to children in the first place.SEC. 2.It is the intent of the Legislature to enact legislation that would make a social media platform liable for specified civil penalties in addition to any other remedy provided by law, if the platform fails to exercise ordinary care or skill toward a child.SEC. 2. Section 1714.02 is added to the Civil Code, immediately following Section 1714.01, to read:1714.02. (a) A social media platform that violates subdivision (a) of Section 1714 and breaches its responsibility of ordinary care and skill to a child shall, in addition to any other remedy, be liable for statutory damages for the larger of the following:(1) Five thousand dollars ($5,000) per violation up to a maximum, per child, of one million dollars ($1,000,000).(2) Three times the amount of the childs actual damages.(b) Any waiver of this subdivision shall be void and unenforceable as contrary to public policy.(c) For the purpose of this section:(1) Child means a minor under 18 years of age.(2) Social media platform means a social media platform, as defined in Section 22675 of the Business and Professions Code, that generates more than one hundred million dollars ($100,000,000) per year in gross revenues.(d) The duties, remedies, and obligations imposed by this section are cumulative to the duties, remedies, or obligations imposed under other law and shall not be construed to relieve a social media platform from any duties, remedies, or obligations imposed under any other law.SEC. 3. The provisions of this act are severable. If any provision of this act or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.SEC. 4. The provisions of this act shall only apply prospectively. This act does not apply to any legal case that was pending on or before January 1, 2026. | |
| 2 | 2 | ||
| 3 | - | ||
| 3 | + | Amended IN Assembly March 17, 2025 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 2Introduced by Assembly Member LowenthalDecember 02, 2024An act to add Section 1714.02 to the Civil Code, relating to social media platforms.LEGISLATIVE COUNSEL'S DIGESTAB 2, as amended, Lowenthal. Social media platforms: injuries Injuries to children: civil penalties.Existing law provides that everyone is responsible not only for the result of their willful acts, but also for an injury occasioned to another by their want of ordinary care or skill in the management of their property or person.This bill would state the intent of the Legislature to enact legislation that would make a social media platform liable for specified civil penalties in addition to any other remedy provided by law, if the platform fails to exercise ordinary care or skill toward a child. make a social media platform, as defined, liable for specified damages in addition to any other remedy provided by law, if the platform fails to exercise ordinary care or skill toward a child.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO | |
| 4 | 4 | ||
| 5 | - | ||
| 5 | + | Amended IN Assembly March 17, 2025 | |
| 6 | 6 | ||
| 7 | - | Amended IN Assembly April 03, 2025 | |
| 8 | 7 | Amended IN Assembly March 17, 2025 | |
| 9 | 8 | ||
| 10 | 9 | CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION | |
| 11 | 10 | ||
| 12 | 11 | Assembly Bill | |
| 13 | 12 | ||
| 14 | 13 | No. 2 | |
| 15 | 14 | ||
| 16 | - | Introduced by Assembly Member | |
| 15 | + | Introduced by Assembly Member LowenthalDecember 02, 2024 | |
| 17 | 16 | ||
| 18 | - | Introduced by Assembly Member Lowenthal | |
| 17 | + | Introduced by Assembly Member Lowenthal | |
| 19 | 18 | December 02, 2024 | |
| 20 | 19 | ||
| 21 | 20 | An act to add Section 1714.02 to the Civil Code, relating to social media platforms. | |
| 22 | 21 | ||
| 23 | 22 | LEGISLATIVE COUNSEL'S DIGEST | |
| 24 | 23 | ||
| 25 | 24 | ## LEGISLATIVE COUNSEL'S DIGEST | |
| 26 | 25 | ||
| 27 | - | AB 2, as amended, Lowenthal. Injuries to children: civil penalties. | |
| 26 | + | AB 2, as amended, Lowenthal. Social media platforms: injuries Injuries to children: civil penalties. | |
| 28 | 27 | ||
| 29 | - | Existing law provides that everyone is responsible not only for the result of their willful acts, | |
| 28 | + | Existing law provides that everyone is responsible not only for the result of their willful acts, but also for an injury occasioned to another by their want of ordinary care or skill in the management of their property or person.This bill would state the intent of the Legislature to enact legislation that would make a social media platform liable for specified civil penalties in addition to any other remedy provided by law, if the platform fails to exercise ordinary care or skill toward a child. make a social media platform, as defined, liable for specified damages in addition to any other remedy provided by law, if the platform fails to exercise ordinary care or skill toward a child. | |
| 30 | 29 | ||
| 31 | - | Existing law provides that everyone is responsible not only for the result of their willful acts, | |
| 30 | + | Existing law provides that everyone is responsible not only for the result of their willful acts, but also for an injury occasioned to another by their want of ordinary care or skill in the management of their property or person. | |
| 32 | 31 | ||
| 33 | - | This bill would make a social media platform, as defined, liable for specified damages in addition to any other remedy provided by law, if the | |
| 32 | + | This bill would state the intent of the Legislature to enact legislation that would make a social media platform liable for specified civil penalties in addition to any other remedy provided by law, if the platform fails to exercise ordinary care or skill toward a child. make a social media platform, as defined, liable for specified damages in addition to any other remedy provided by law, if the platform fails to exercise ordinary care or skill toward a child. | |
| 34 | 33 | ||
| 35 | 34 | ## Digest Key | |
| 36 | 35 | ||
| 37 | 36 | ## Bill Text | |
| 38 | 37 | ||
| 39 | - | The people of the State of California do enact as follows:SECTION 1. The people of the State of California find as follows | |
| 38 | + | The people of the State of California do enact as follows:SECTION 1. The people of the State of California find as follows:(a) Subdivision (a) of Section 1714 of the Civil Code already makes every person and corporation, including social media platforms, financially responsible for an injury occasioned to another by their want of ordinary care or skill in the management of their property or person.(b) Children are uniquely vulnerable on social media platforms.(c) The biggest social media platforms invent and deploy features they know injure large numbers of children, including contributing to child deaths.(d) The costs of these injuries are unfairly being paid by parents, schools, and taxpayers, not the platforms.(e) This act is necessary to ensure that the social media platforms that are knowingly causing the most severe injuries to the largest number of children receive heightened damages to prevent injury from occurring to children in the first place.SEC. 2.It is the intent of the Legislature to enact legislation that would make a social media platform liable for specified civil penalties in addition to any other remedy provided by law, if the platform fails to exercise ordinary care or skill toward a child.SEC. 2. Section 1714.02 is added to the Civil Code, immediately following Section 1714.01, to read:1714.02. (a) A social media platform that violates subdivision (a) of Section 1714 and breaches its responsibility of ordinary care and skill to a child shall, in addition to any other remedy, be liable for statutory damages for the larger of the following:(1) Five thousand dollars ($5,000) per violation up to a maximum, per child, of one million dollars ($1,000,000).(2) Three times the amount of the childs actual damages.(b) Any waiver of this subdivision shall be void and unenforceable as contrary to public policy.(c) For the purpose of this section:(1) Child means a minor under 18 years of age.(2) Social media platform means a social media platform, as defined in Section 22675 of the Business and Professions Code, that generates more than one hundred million dollars ($100,000,000) per year in gross revenues.(d) The duties, remedies, and obligations imposed by this section are cumulative to the duties, remedies, or obligations imposed under other law and shall not be construed to relieve a social media platform from any duties, remedies, or obligations imposed under any other law.SEC. 3. The provisions of this act are severable. If any provision of this act or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.SEC. 4. The provisions of this act shall only apply prospectively. This act does not apply to any legal case that was pending on or before January 1, 2026. | |
| 40 | 39 | ||
| 41 | 40 | The people of the State of California do enact as follows: | |
| 42 | 41 | ||
| 43 | 42 | ## The people of the State of California do enact as follows: | |
| 44 | 43 | ||
| 45 | - | SECTION 1. The people of the State of California find as follows | |
| 44 | + | SECTION 1. The people of the State of California find as follows:(a) Subdivision (a) of Section 1714 of the Civil Code already makes every person and corporation, including social media platforms, financially responsible for an injury occasioned to another by their want of ordinary care or skill in the management of their property or person.(b) Children are uniquely vulnerable on social media platforms.(c) The biggest social media platforms invent and deploy features they know injure large numbers of children, including contributing to child deaths.(d) The costs of these injuries are unfairly being paid by parents, schools, and taxpayers, not the platforms.(e) This act is necessary to ensure that the social media platforms that are knowingly causing the most severe injuries to the largest number of children receive heightened damages to prevent injury from occurring to children in the first place. | |
| 46 | 45 | ||
| 47 | - | SECTION 1. The people of the State of California find as follows | |
| 46 | + | SECTION 1. The people of the State of California find as follows:(a) Subdivision (a) of Section 1714 of the Civil Code already makes every person and corporation, including social media platforms, financially responsible for an injury occasioned to another by their want of ordinary care or skill in the management of their property or person.(b) Children are uniquely vulnerable on social media platforms.(c) The biggest social media platforms invent and deploy features they know injure large numbers of children, including contributing to child deaths.(d) The costs of these injuries are unfairly being paid by parents, schools, and taxpayers, not the platforms.(e) This act is necessary to ensure that the social media platforms that are knowingly causing the most severe injuries to the largest number of children receive heightened damages to prevent injury from occurring to children in the first place. | |
| 48 | 47 | ||
| 49 | - | SECTION 1. The people of the State of California find as follows: | |
| 48 | + | SECTION 1. The people of the State of California find as follows: | |
| 50 | 49 | ||
| 51 | 50 | ### SECTION 1. | |
| 52 | 51 | ||
| 53 | 52 | (a) Subdivision (a) of Section 1714 of the Civil Code already makes every person and corporation, including social media platforms, financially responsible for an injury occasioned to another by their want of ordinary care or skill in the management of their property or person. | |
| 54 | 53 | ||
| 55 | 54 | (b) Children are uniquely vulnerable on social media platforms. | |
| 56 | 55 | ||
| 57 | 56 | (c) The biggest social media platforms invent and deploy features they know injure large numbers of children, including contributing to child deaths. | |
| 58 | 57 | ||
| 59 | 58 | (d) The costs of these injuries are unfairly being paid by parents, schools, and taxpayers, not the platforms. | |
| 60 | 59 | ||
| 61 | 60 | (e) This act is necessary to ensure that the social media platforms that are knowingly causing the most severe injuries to the largest number of children receive heightened damages to prevent injury from occurring to children in the first place. | |
| 62 | 61 | ||
| 63 | - | SEC. 2. Section 1714.02 is added to the Civil Code, immediately following Section 1714.01, to read:1714.02. (a) A social media platform that violates subdivision (a) of Section 1714 and breaches its responsibility of ordinary care and skill by causing injury to a child shall, in addition to any other remedy, shall be liable for statutory damages for the larger of the following:(1) Five thousand dollars ($5,000) per violation up to a maximum, per child, of one million dollars ($1,000,000).(2) Three times the amount of the childs actual damages.(b) Any waiver of this subdivision section shall be void and unenforceable as contrary to public policy.(c) For the purpose of this section:(1) Child means a minor under 18 years of age.(2) Social media platform means a social media platform, as defined in Section 22675 of the Business and Professions Code, that generates more than one hundred million dollars ($100,000,000) per year in gross revenues.(d) The duties, remedies, and obligations imposed by this section are cumulative to the duties, remedies, or obligations imposed under other law and shall not be construed to relieve a social media platform from any duties, remedies, or obligations imposed under any other law. | |
| 62 | + | ||
| 63 | + | ||
| 64 | + | It is the intent of the Legislature to enact legislation that would make a social media platform liable for specified civil penalties in addition to any other remedy provided by law, if the platform fails to exercise ordinary care or skill toward a child. | |
| 65 | + | ||
| 66 | + | ||
| 67 | + | ||
| 68 | + | SEC. 2. Section 1714.02 is added to the Civil Code, immediately following Section 1714.01, to read:1714.02. (a) A social media platform that violates subdivision (a) of Section 1714 and breaches its responsibility of ordinary care and skill to a child shall, in addition to any other remedy, be liable for statutory damages for the larger of the following:(1) Five thousand dollars ($5,000) per violation up to a maximum, per child, of one million dollars ($1,000,000).(2) Three times the amount of the childs actual damages.(b) Any waiver of this subdivision shall be void and unenforceable as contrary to public policy.(c) For the purpose of this section:(1) Child means a minor under 18 years of age.(2) Social media platform means a social media platform, as defined in Section 22675 of the Business and Professions Code, that generates more than one hundred million dollars ($100,000,000) per year in gross revenues.(d) The duties, remedies, and obligations imposed by this section are cumulative to the duties, remedies, or obligations imposed under other law and shall not be construed to relieve a social media platform from any duties, remedies, or obligations imposed under any other law. | |
| 64 | 69 | ||
| 65 | 70 | SEC. 2. Section 1714.02 is added to the Civil Code, immediately following Section 1714.01, to read: | |
| 66 | 71 | ||
| 67 | 72 | ### SEC. 2. | |
| 68 | 73 | ||
| 69 | - | 1714.02. (a) A social media platform that violates subdivision (a) of Section 1714 and breaches its responsibility of ordinary care and skill | |
| 74 | + | 1714.02. (a) A social media platform that violates subdivision (a) of Section 1714 and breaches its responsibility of ordinary care and skill to a child shall, in addition to any other remedy, be liable for statutory damages for the larger of the following:(1) Five thousand dollars ($5,000) per violation up to a maximum, per child, of one million dollars ($1,000,000).(2) Three times the amount of the childs actual damages.(b) Any waiver of this subdivision shall be void and unenforceable as contrary to public policy.(c) For the purpose of this section:(1) Child means a minor under 18 years of age.(2) Social media platform means a social media platform, as defined in Section 22675 of the Business and Professions Code, that generates more than one hundred million dollars ($100,000,000) per year in gross revenues.(d) The duties, remedies, and obligations imposed by this section are cumulative to the duties, remedies, or obligations imposed under other law and shall not be construed to relieve a social media platform from any duties, remedies, or obligations imposed under any other law. | |
| 70 | 75 | ||
| 71 | - | 1714.02. (a) A social media platform that violates subdivision (a) of Section 1714 and breaches its responsibility of ordinary care and skill | |
| 76 | + | 1714.02. (a) A social media platform that violates subdivision (a) of Section 1714 and breaches its responsibility of ordinary care and skill to a child shall, in addition to any other remedy, be liable for statutory damages for the larger of the following:(1) Five thousand dollars ($5,000) per violation up to a maximum, per child, of one million dollars ($1,000,000).(2) Three times the amount of the childs actual damages.(b) Any waiver of this subdivision shall be void and unenforceable as contrary to public policy.(c) For the purpose of this section:(1) Child means a minor under 18 years of age.(2) Social media platform means a social media platform, as defined in Section 22675 of the Business and Professions Code, that generates more than one hundred million dollars ($100,000,000) per year in gross revenues.(d) The duties, remedies, and obligations imposed by this section are cumulative to the duties, remedies, or obligations imposed under other law and shall not be construed to relieve a social media platform from any duties, remedies, or obligations imposed under any other law. | |
| 72 | 77 | ||
| 73 | - | 1714.02. (a) A social media platform that violates subdivision (a) of Section 1714 and breaches its responsibility of ordinary care and skill | |
| 78 | + | 1714.02. (a) A social media platform that violates subdivision (a) of Section 1714 and breaches its responsibility of ordinary care and skill to a child shall, in addition to any other remedy, be liable for statutory damages for the larger of the following:(1) Five thousand dollars ($5,000) per violation up to a maximum, per child, of one million dollars ($1,000,000).(2) Three times the amount of the childs actual damages.(b) Any waiver of this subdivision shall be void and unenforceable as contrary to public policy.(c) For the purpose of this section:(1) Child means a minor under 18 years of age.(2) Social media platform means a social media platform, as defined in Section 22675 of the Business and Professions Code, that generates more than one hundred million dollars ($100,000,000) per year in gross revenues.(d) The duties, remedies, and obligations imposed by this section are cumulative to the duties, remedies, or obligations imposed under other law and shall not be construed to relieve a social media platform from any duties, remedies, or obligations imposed under any other law. | |
| 74 | 79 | ||
| 75 | 80 | ||
| 76 | 81 | ||
| 77 | - | 1714.02. (a) A social media platform that violates subdivision (a) of Section 1714 and breaches its responsibility of ordinary care and skill | |
| 82 | + | 1714.02. (a) A social media platform that violates subdivision (a) of Section 1714 and breaches its responsibility of ordinary care and skill to a child shall, in addition to any other remedy, be liable for statutory damages for the larger of the following: | |
| 78 | 83 | ||
| 79 | 84 | (1) Five thousand dollars ($5,000) per violation up to a maximum, per child, of one million dollars ($1,000,000). | |
| 80 | 85 | ||
| 81 | 86 | (2) Three times the amount of the childs actual damages. | |
| 82 | 87 | ||
| 83 | - | (b) Any waiver of this subdivision | |
| 88 | + | (b) Any waiver of this subdivision shall be void and unenforceable as contrary to public policy. | |
| 84 | 89 | ||
| 85 | 90 | (c) For the purpose of this section: | |
| 86 | 91 | ||
| 87 | 92 | (1) Child means a minor under 18 years of age. | |
| 88 | 93 | ||
| 89 | 94 | (2) Social media platform means a social media platform, as defined in Section 22675 of the Business and Professions Code, that generates more than one hundred million dollars ($100,000,000) per year in gross revenues. | |
| 90 | 95 | ||
| 91 | 96 | (d) The duties, remedies, and obligations imposed by this section are cumulative to the duties, remedies, or obligations imposed under other law and shall not be construed to relieve a social media platform from any duties, remedies, or obligations imposed under any other law. | |
| 92 | 97 | ||
| 93 | 98 | SEC. 3. The provisions of this act are severable. If any provision of this act or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. | |
| 94 | 99 | ||
| 95 | 100 | SEC. 3. The provisions of this act are severable. If any provision of this act or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. | |
| 96 | 101 | ||
| 97 | 102 | SEC. 3. The provisions of this act are severable. If any provision of this act or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. | |
| 98 | 103 | ||
| 99 | 104 | ### SEC. 3. | |
| 100 | 105 | ||
| 101 | 106 | SEC. 4. The provisions of this act shall only apply prospectively. This act does not apply to any legal case that was pending on or before January 1, 2026. | |
| 102 | 107 | ||
| 103 | 108 | SEC. 4. The provisions of this act shall only apply prospectively. This act does not apply to any legal case that was pending on or before January 1, 2026. | |
| 104 | 109 | ||
| 105 | 110 | SEC. 4. The provisions of this act shall only apply prospectively. This act does not apply to any legal case that was pending on or before January 1, 2026. | |
| 106 | 111 | ||
| 107 | 112 | ### SEC. 4. |