California bill would add warning labels to social media platforms
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The proposal would warn users of the potential mental health impacts, but opponents say the plan will once again fall foul of the First Amendment’s free speech protections.
Another state could soon change the law to protect residents, especially children, from the harms of social media, as California may consider a bill to add warning labels to the platforms.
Ahead of the state’s next legislative session, Attorney General Rob Bonta and Democratic Assemblymember Rebecca Bauer-Kahan introduced a bill requiring that those warning labels disclose social media’s impacts on users’ mental health.
That warning would have to be displayed for users of all ages their first time on the platform, then at least once a week. It would need to appear for at least 90 seconds. That way, the pair said, it ensures that consumers have “equitable access to information that may affect their health.”
"Social media warning labels are an equitable and transparent way to communicate the risks that social media engagement poses to young users,” Bonta said in a statement. “Warning labels alone are not a panacea, they are another tool in the toolbox to address the growing mental health crisis and protect future generations of children."
The push for warning labels on social media has grown since earlier this year, when U.S. Surgeon General Vivek Murthy called on Congress to require a surgeon general’s warning for the platforms’ health risks, similar to those found on a pack of cigarettes. Soon after, Bonta joined a bipartisan group of 42 attorneys general supporting Murthy’s view.
Meanwhile, a Colorado law that passed this year requires platforms to provide users under 18 with information about how social media can impact the developing brain and the mental and physical health of users. Notifications with the information would be displayed every 30 minutes when a user has spent one hour on social media in a 24-hour period, or logs on between 10 p.m. and 6 a.m.
That tenet of the law goes into effect on Jan. 1, 2026, and must be developed by the chief information officer in the Colorado Office of Information Technology, in consultation with other agencies and stakeholder groups.
Opponents of social media warning labels say they will not work, however, and run afoul of the First Amendment’s free speech protections. Several states have passed laws regulating various aspects of social media, but have struggled in the face of sustained court action.
“Slapping a warning label on social media is like a broken fire alarm going off with no evidence of smoke. It ignores the reality that most teens view social media as an important outlet for social connection,” Todd O’Boyle, vice president of technology policy at the Chamber of Progress, a left-leaning tech industry policy coalition, said in a statement. “Forcing this kind of label despite a lack of scientific proof will run into the same First Amendment buzzsaw that has doomed previous California kids’ bills. If lawmakers are really serious about protecting young people online, they would increase law enforcement funding to crack down on child predators.”
The Chamber pointed to a 2022 study from the Pew Research Center that found that majorities of teens rely on social media to help provide them with connections and support. A more recent Pew study found that many teens use the platforms almost constantly.
But the push to regulate social media appears to be continuing unbowed, including at the national level. Advocacy groups, including the Eating Disorders Coalition and Parents for Safe Online Spaces, rallied last week on Capitol Hill in favor of the Kids Online Safety Act, known as KOSA, national legislation to regulate social media that passed the Senate in July as part of wider children’s online privacy legislation. KOSA now has updated text.
“Social media companies have failed to protect our children,” said Tracy Ann Bancroft, a parent advocate with the Eating Disorders Coalition, which pushes for recognizing eating disorders as a public health priority and blames the platforms for exposing children to content related to them. “We need Congress to act now.”
But the federal effort looks doomed to fail in the House, as Speaker Mike Johnson said passage will not happen this year. Instead, he reportedly said he wants to wait for President-elect Donald Trump to take office and for him to help “get the right bill into law.” Opponents said regardless of any language tweaks to KOSA, it should not be allowed to pass.
“These edits represent nothing more than rearranging deck chairs on the Titanic while we all sink into fascism,” said Fight for the Future, a tech advocacy group, in a statement. “Now more than ever, those that care about speech should reject this bill.”
Despite their efforts running into court challenges and political realities, leaders said they are determined to press on and regulate social media.
“Social media companies have demonstrated an unwillingness to tackle the mental health crisis, instead digging in deeper into harnessing addictive features and harmful content for the sake of profits,” Bonta said. “It is our responsibility to make sure consumers have access to information that may affect their health, so they can make the best choices for themselves and their families."
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