Skip to content

Invest1 publisher2 min readPublished

Newsom's 13-bill package multiplies platform liability by the number of children harmed

California's new 13-bill minors package allows damages of up to $1 million for each child a large social platform is found to have harmed. Matching Meta's $18 billion settlement would take 18,000 of them.

The Investor · Invest desk

Photograph accompanying Newsom's 13-bill package multiplies platform liability by the number of children harmed
Photo: abcnews.com

What happened

  • Governor Gavin Newsom signed a package of 13 bills regulating how children and teenagers use social media and AI chatbots, which The Associated Press and other outlets reported on the 13th.
  • The core of the package restricts features that keep users under 16 engaged, naming recommendation algorithms built on behavioural and personal data, infinite scroll and autoplay.
  • Large social media operators found to have caused harm by failing a duty of care to protect minors on their platforms face damages of up to $1 million per affected child.
  • Chatbot operators must run crisis response protocols triggered by signs of self-harm or suicidal ideation, offer parental controls, assess risks to children before launch and commission independent safety audits.
  • The package also bans the manufacture and sale of toys equipped with AI chatbot functions for four years.

Compiled by The InvestorSomething wrong?How this is made

Why it matters

  • cost Every chatbot obligation applies whether or not a child has been harmed, so the audit and assessment work becomes a standing budget line for anyone shipping to minors while the damages figure stays contingent on a court finding.
  • exposure Damages that count by head make a platform's exposure a function of how many minors it carries, so the largest teen user bases are the most reachable defendants.
  • decision Age assurance turns into a spending decision, because the feature limits attach to users under 16 and knowing an age confidently is the cheapest way to shrink the exposed population.
  • precedent Google, Meta and Snap are headquartered in the state writing the rules, and The Washington Post said that is what makes the move significant for other states already legislating teen social media limits.

Meta agreed on the 26th of last month to a settlement worth up to $18 billion over the next ten years in a civil suit alleging its platforms were designed to be addictive to children and teenagers [5]. Both figures are ceilings: the settlement is worth up to $18 billion, and the California provision allows up to $1 million per affected child [5][3]. Divide one by the other and the settlement is 18,000 children [15]. Across the ten-year term it averages $1.8 billion a year [16]. The same counting runs downward, so a thousand children at the maximum is $1 billion [17].

Some of the bills are known as Adam's Law, after Adam Raine, a 16-year-old who is reported to have died after lengthy conversations with an AI chatbot about suicide [6]. The package also widened the rules on sexual depictions of minors to cover content generated by AI or synthesized and manipulated with digital technology, not only real imagery [8].

Meta says personalized recommendations are not necessarily harmful to teenagers, and that with appropriate safeguards personalization shows them age-appropriate content that interests them and helps connect them with family and friends [12]. Child protection groups say infinite scroll and autoplay are designed to increase time spent on platforms [13]. "I want our children to grow up in a world where technology supports their well-being rather than exploiting their vulnerabilities," Newsom said [10].

The Washington Post projected that the measures, passed by a California legislature controlled by Democrats, are likely to face legal challenges [14]. The report did not give an effective date [18]. I'd expect the audit and pre-launch assessment spending to reach budgets well before any damages award does, because a company owes those duties when it ships a service, not when a child is hurt [7]. If the feature restrictions are enjoined and the damages provision goes with them, the $1 million per child prices nothing and the surviving cost is the safety audit work [3][7].

What to watch

  • The first damages claim brought under the duty-of-care provision, and how many children it counts.
  • Where the threshold for a large social media operator lands, since it decides who sits inside the per-child damages provision.
  • Whether toy makers challenge the four-year ban on AI chatbot toys.
Loading claim ledger
Loading source directory links
Loading share composer
Loading topic controls
Loading related stories