California Social Media Child-Injury Liability Law (AB 2)

BadLawCalifornia AB 2California, United StatesHigh threat
Signed; Chapter 180, Statutes of 2026
  1. Introduced
  2. Passed House
  3. Passed Senate
  4. Became Law

Stage 4 of 4: Became Law

Uses vague negligence claims and damages of up to $1 million per child to pressure large platforms into suppressing lawful content and identifying which users are minors.

Latest update

Signed by Governor Newsom and chaptered as Chapter 180, Statutes of 2026

What it does

AB 2 makes social-media platforms earning more than $100 million annually liable when a failure to exercise ordinary care causes injury to a child. Damages are the greater of $5,000 per violation up to $1 million per child, or three times actual damages, and contractual waivers are void. The law applies prospectively and expires in 2035. It does not expressly mandate age verification or identify which platform designs and editorial decisions breach the duty.

What’s at stake

The combination of an undefined duty and enormous damages encourages platforms to remove controversial material, disable recommendations, and lock younger users out before a court ever decides what the law means. Although AB 2 does not order an age check, liability that depends on whether a user is a child gives companies another reason to identify and track users' ages. The predictable result is defensive censorship backed by more surveillance.

Our take

This law lets litigation set the boundaries of online speech after the fact. Faced with million-dollar exposure, platforms will not wait for careful precedent; they will collect more age data and suppress anything risky. California could target specific unlawful conduct. It chose a vague liability weapon that rewards over-removal and makes anonymous participation harder.

Timeline

Signed by Governor Newsom and chaptered as Chapter 180, Statutes of 2026Latest

Introduced in the Assembly

Sponsor

Assemblymember Josh Lowenthal