California’s child safety law faces legal setback

The law requires businesses to assess and mitigate potential harms to children from online content, but the court suggested that less restrictive measures could be employed.
Elementary school children using digital tablet in classroom, Education.

A US appeals court has upheld an essential aspect of an injunction against a California law designed to protect children from harmful online content. The law, known as the California Age-Appropriate Design Code Act, was challenged by NetChoice, a trade group representing major tech companies because it violated free speech rights under the First Amendment. The court agreed, stating that the law’s requirement for companies to create detailed reports on potential risks to children was likely unconstitutional.

The court suggested that California could protect children through less restrictive means, such as enhancing education for parents and children about online dangers or offering incentives for companies to filter harmful content. The appeals court partially overturned a lower court’s injunction but sent the case back for further review, particularly concerning provisions related to the collection of children’s data.

California’s law, modelled after a similar UK law, was set to take effect in July 2024. Governor Gavin Newsom defended the law, emphasising the need for child safety and urging NetChoice to drop its legal challenge. Despite this, NetChoice hailed the court’s decision as a win for free speech and online security, highlighting the ongoing legal battle over online content regulation.