Bill Text: CA AB2 | 2025-2026 | Regular Session | Amended


Bill Title: Injuries to children: civil penalties.

Sponsorship: Moderate Partisan Bill (Democrat 4-1)

Status: (Engrossed) 2026-05-06 - Re-referred to Coms. on P., D.T., & C.P., JUD., and APPR. [AB2 Detail]

Download: California-2025-AB2-Amended.html

Amended  IN  Assembly  April 03, 2025
Amended  IN  Assembly  March 17, 2025

CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION

Assembly Bill
No. 2


Introduced by Assembly Member Lowenthal Members Lowenthal and Patterson

December 02, 2024


An act to add Section 1714.02 to the Civil Code, relating to social media platforms.


LEGISLATIVE COUNSEL'S DIGEST


AB 2, as amended, Lowenthal. Injuries to children: civil penalties.
Existing law provides that everyone is responsible not only for the result of their willful acts, acts but also for an injury occasioned to another by their want of ordinary care or skill in the management of their property or person.
This bill would make a social media platform, as defined, liable for specified damages in addition to any other remedy provided by law, if the social media platform fails to exercise ordinary care or skill toward a by causing injury to a child.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 The people of the State of California find as follows: Legislature finds and declares the following:
(a) Subdivision (a) of Section 1714 of the Civil Code already makes every person and corporation, including social media platforms, financially responsible for an injury occasioned to another by their want of ordinary care or skill in the management of their property or person.
(b) Children are uniquely vulnerable on social media platforms.
(c) The biggest social media platforms invent and deploy features they know injure large numbers of children, including contributing to child deaths.
(d) The costs of these injuries are unfairly being paid by parents, schools, and taxpayers, not the platforms.
(e) This act is necessary to ensure that the social media platforms that are knowingly causing the most severe injuries to the largest number of children receive heightened damages to prevent injury from occurring to children in the first place.

SEC. 2.

 Section 1714.02 is added to the Civil Code, immediately following Section 1714.01, to read:

1714.02.
 (a) A social media platform that violates subdivision (a) of Section 1714 and breaches its responsibility of ordinary care and skill by causing injury to a child shall, in addition to any other remedy, shall be liable for statutory damages for the larger of the following:
(1) Five thousand dollars ($5,000) per violation up to a maximum, per child, of one million dollars ($1,000,000).
(2) Three times the amount of the child’s actual damages.
(b) Any waiver of this subdivision section shall be void and unenforceable as contrary to public policy.
(c) For the purpose of this section:
(1) “Child” means a minor under 18 years of age.
(2) “Social media platform” means a social media platform, as defined in Section 22675 of the Business and Professions Code, that generates more than one hundred million dollars ($100,000,000) per year in gross revenues.
(d) The duties, remedies, and obligations imposed by this section are cumulative to the duties, remedies, or obligations imposed under other law and shall not be construed to relieve a social media platform from any duties, remedies, or obligations imposed under any other law.

SEC. 3.

 The provisions of this act are severable. If any provision of this act or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.

SEC. 4.

 The provisions of this act shall only apply prospectively. This act does not apply to any legal case that was pending on or before January 1, 2026.
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