California Laws Affecting Social Media: A Guide for Parents
California social media laws should be designed to protect children’s privacy online. However, children and teenagers still suffer tremendous harm from social media use, particularly to their mental health. Parents whose children have been harmed can claim personal injury, hold social media companies accountable, and obtain compensation. At Cutter Law, our lawyers have the experience it takes to get results in cases against powerful companies such as Facebook, TikTok, Snapchat, and others.
Growing up in the social media era, youths confront numerous hazards online, such as cyberbullying, digital privacy violations, safety issues, online harassment, and social media addiction. Children and teenagers are developing addiction, anxiety and depression, eating disorders, self-harm, and suicidal ideation from social media use. They are also too easily exposed to online predators. Parents need to know what steps they can take to protect their kids from online harm.Â
California social media laws provide privacy rights for parents and their children. These laws seek to protect children and others from the harms that are now becoming associated with social media. And these laws are a good start. California parents can familiarize themselves with them to understand their rights within the current legal landscape.Â
However, laws alone can’t protect minors from the significant harm social media use poses. Personal injury claims are a powerful avenue for parents to pursue accountability. At Cutter Law, our skilled legal team is at the forefront of lawsuits taking on big corporations, like Meta, TikTok, and Snapchat, over the harm their platforms are causing children and teens. Civil lawsuits and compensatory damages are key tools for getting these large corporations to change their products and put children’s safety over profits.
Overview of California Laws Affecting Social Media
Home to Silicon Valley and many major social media companies, California is on the leading edge of adopting strong internet laws for protecting minors. Internet laws at the federal level also establish tech regulations that provide protections for minors. Here is a brief summary of some key California and federal legislation.
The Children's Internet Protection Act (CIPA)
This federal law passed by Congress in 2000 requires schools and libraries to take protective measures to shield minors from obscene and harmful content such as pornography. They must adopt safety policies and educate children about safe internet use.
The California Consumer Privacy Act (CCPA)
This consumer rights law provides online privacy rights to internet users and minors in California. It allows users to prevent their personal information from being shared or sold.
The CCPA also prohibits businesses from selling personal information about children under age 13 unless parents consent.
The California Online Privacy Protection Act (CalOPPA)
This landmark law was the first state-level legislation in the nation to require online privacy policies. Any entity doing business online that reaches California consumers, including social media companies, must post privacy policies explaining how they gather, share, and sell personal information.
The Children’s Online Privacy Protection Act (COPPA)
Like the CCPA, this federal law governs privacy policies and the commercial sharing of personal information about minors. It requires parental consent for collecting, sharing, or selling the personal information of children under 13.Â
This means social media companies can’t allow minors to open their own accounts without first obtaining verifiable parental consent. Parents can take affirmative steps to notify social media companies that they do not consent to their children opening social media accounts.
The California Electronic Communications Privacy Act (CalECPA)
Passed in 2016, this privacy rights law extends significant protections to California residents who use phones, social media, and other online services. It prevents law enforcement from searching individuals’ phones or accessing their online accounts—including social media accounts—without a warrant, consent, or extenuating circumstances.
Social Media Liability for Harmful Content in California
Mounting evidence shows that social media use can harm users’ mental health, especially children and teenagers. Social media can expose minors to harmful content that promotes:
- Drug use
- Underage drinking
- Eating disorders
- Suicide
- Self-harm
- Sex trafficking and prostitution
- Sextortion
Children using social media are also at risk of falling prey to sexual predators.
How Social Media Platforms Can Be Held Liable
It’s time for social media platforms to be held responsible for prioritizing their profits over children’s safety. Parents can pursue accountability through social media harm lawsuits.Â
These lawsuits are based on the same principles as any other product liability lawsuit. The premise is that social media companies have a duty to make their products—that is, their social media platforms— reasonably safe for their intended use. Thus, they must use reasonable measures to prevent foreseeable harm to minors. They also have a duty to warn consumers about the foreseeable harm that could result from social media use.
Many social media companies have failed in every aspect of these standards. By developing and using algorithms designed to foster addiction and engagement at the expense of safety, they are negligent and should be held liable for substantial damages.
Working with a knowledgeable California social media harm lawyer is important when pursuing these kinds of cases. Not all lawyers have the skillset and experience necessary to battle the social media goliaths.Â
At Cutter Law, ours do. We have won hundreds of millions of dollars for our clients in cases against powerful companies across many industries.
Lawsuits Against Facebook
In 2021, a Facebook insider, Frances Haugen, blew the whistle on the company’s deliberate disregard for the harmful toll its platform was taking on users, especially teenagers. Haugen disclosed numerous documents, dubbed “The Facebook Files,” showing that Facebook knew of these harms but did nothing to address them.
Parents are fighting back by filing social media lawsuits against Meta, the parent company that owns Facebook, Instagram, and WhatsApp.
Lawsuits Against TikTok
TikTok has been scrutinized for multiple reasons, including its poor data protection practices and detrimental impact on minors.
Established in China in 2017, the video app has gained a following of more than 1.7 billion users worldwide. The app is especially popular among young people. Nearly one-third of TikTok users in the U.S. are between 10 and 19.
TikTok is known for its highly addictive algorithm that keeps users hooked. That algorithm can repeatedly expose susceptible teenagers to harmful content that promotes substance abuse, self-harm, eating disorders, and more.
Several high-profile lawsuits are already underway against TikTok for harm to teenagers.
Protecting Your Children on Social Media in California
Social media companies have repeatedly demonstrated that they can’t be relied upon to protect minors’ safety. It’s up to parents to look out for their children and keep them safe.
While the safest route is to keep your children off social media altogether, that isn’t realistic for every family. As a parent, you can shield your child from social media harm by:
- Educating them about the dangers
- Ensuring that they understand their digital citizenship responsibility not to cause harm to others
- Making sure that their profiles and posts are private
- Vetting their online friends and other social media connections
- Monitoring and placing limits on their use
- Encouraging open communication so they come to you with concerns
- Using content filters and parental blocks to prevent them from stumbling onto inappropriate content
- Disabling tracking and geolocation features on apps that could reveal their whereabouts
- Watching for warning signs of addiction, eating disorders, and other mental health issues
Take the First Step Toward Holding Social Media Companies Accountable
If social media have significantly harmed your child, consider taking legal action on their behalf to put a stop to social media companies’ blatant disregard for children’s well-being. You may be entitled to damages to compensate you for your child’s harm. You could also pursue punitive damages to deter social media companies from continuing to harm children.
At Cutter Law, our California personal injury attorneys handle social media liability cases for parents whose children have been harmed. Take the first step by contacting us to speak with a lawyer about your legal options.
