Court Blocks Child Online Security Act In California

A federal judge ruled that California cannot enforce state laws designed to protect children from online content that could potentially harm them mentally or physically.

US District Judge Beth Labsonwast, on Thursday 13 March, ruled that the NetChoice trade group has the right to an initial order because it is likely to prove that the California Age-Appropriate Design Code Act violates the right to free speech of its members under the First Amendment to the US Constitution.

NetChoice, which represents 39 major tech companies, including Amazon, Google, Meta (Facebook and Instagram), Netflix, and X (owned by Elon Musk), considers the law to make them "an internet censor delegated by the state" under the pretext of privacy.

The California Attorney General's Office, Rob Bonta, expressed his disappointment with the decision and emphasized that it remains committed to dealing with this issue and defending state laws that are considered reasonable.

"We will respond to this decision in court," said a statement from the Attorney General's office.

Meanwhile, NetChoice's lawyer, Ambika Kumar, called the law an "unconstitutional and overextensive content-based censorship act."

"We are pleased to see this law blocked," he added.

Fill In The Blocked Law

The law, signed by the Governor of California, Gavin Newsom, in September 2022, requires businesses to make reports on potential online platform risks to children before it launches.

In addition, companies are also required to estimate the age of child users and set appropriate privacy settings, or apply high privacy standards to all users. If it is found negligence, the business can be fined USD 2,500 (IDR 40.8 million) per child, and for intentional offenses, fines can reach USD 7,500 (IDR 122.6 million) per US dollar subsidiary.

However, in a 56-page decision,rocket states that the law provides a significant burden and is not designed narrow enough to reach the country's interest in protecting children from bullying, harassment, sexual exploitation, sleep disturbances, and other dangers.

"Regululations that focus on the emotional impact of content on its audience are content-based, so they must be designed as tightly as possible,"

"The state cannot prove that this law was drafted quite strictly," he added.

Previously, Juli had also blocked this law in September 2023. However, the federal appeals court partially canceled its order in August 2023 and requested a re-evaluation. The law should take effect in July 2023.