Heartland Daily News

AB 1545 to Deal with Internet Safety: Kids Internet Design and Safety Act

children in school library

School Libraries

By Chris Micheli

Assemblywoman Buffy Wicks (D-Oakland) amended her Assembly Bill 1545 to deal with internet safety and platform operators. “This bill will create strong protections for California’s children by requiring online platforms that target them to block manipulative design features, which lure kids into sharing data or making online purchases,” Wicks said on her website.

The bill would add Title 1.81.7 (commencing with Section 1798.300) to Part 4 of Division 3 of the Civil Code.

Section One of the bill would provide five legislative findings and declarations which note that children are increasingly consuming digital entertainment on the internet and are uniquely susceptible to online manipulation. Online companies gather, analyze, and use data for behavioral marketing directed at children and these companies employ strategies such as neuromarketing to impact consumer behavior.

Section Two of the bill would add Title 1.81.7 which would be titled, “Kids Internet Design and Safety Act” or the “KIDS Act.” It would specify that the purpose of this title is to keep children safe and protect their interests on the internet. The bill would define the terms “content” (streaming media in which data from a video file is continuously delivered via the internet) and “covered user” (a California resident under age 13).

In addition, a “covered user” must be logged into an account that was created by that person’s parent or guardian and the account must explicitly identify the primary user as a person under age 13. Furthermore, “directed to children” is defined as content that a reasonable person would believe was intended to primarily appeal to children under age 13, a channel consisting mainly of such content, and that the content is viewed by a “covered user.”

AB 1545 would also define the terms “operator” (a person who operates a platform involving commerce within the state) and “platform” (a website, online service, etc. that is operated for commercial purposes and whose content is directed to children). The bill would prohibit an operator of a platform from incorporating any of the following features with respect to content viewable by a covered user without first obtaining consent from the parent or guardian of the covered user:

In addition, an operator of a platform shall not display to a covered user advertising related to alcohol, tobacco, or products containing nicotine. An operator of a platform would also be prohibited from directing content to children that would promote, amplify, or otherwise encourage the consumption of content or advertising that involves any of the following:

In addition, AB 1545 would require an operator of a platform with content directed to children to do all of the following:

AB 1545 would specify that an operator of a platform must implement a mechanism for users to report to the platform suspected violations of this section of the law. Effective January 1, 2026, the Attorney General would be required to do all of the following:

Finally, the bill would provide that a violation of this new section of law would constitute an unfair competition under Business and Professions Code Section 17200.

 

Originally published by the California Globe. Republished with permission.

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