[Sacramento, CA] – Governor Gavin Newsom today signed into law AB 56, requiring social media platforms to display mental health warning labels to users under 18. The Governor also signed AB 621 which strengthens enforcement options against nudify applications, thus protecting communities against the harms of nonconsensual deepfake pornography. While advocates celebrate these critical steps forward, they express deep disappointment that comprehensive protections for California's children remain incomplete without AB 1064, which would have regulated dangerous AI companion chatbots.
Assemblymember Bauer-Kahan said, “While we celebrate Governor Newsom's signing of AB 56 and AB 621, we're sorely disappointed that comprehensive protections for California's children remain incomplete. As children move from social media to AI, we must ensure AI is safe for our kids and not a suicide coach that can kill them. It is incomprehensible that we do not hold Big Tech responsible for the devastating harms their platforms have caused. I look forward to continuing my work with Common Sense Media, public prosecutors, mental health advocates, and the grieving families impacted by these harms to finish this fight. Our action must be bold to meet the mental health crisis head-on.
Authored by Assemblymember Rebecca Bauer-Kahan and co-sponsored by Attorney General Rob Bonta and Common Sense Media, AB 56 requires a 10-second warning when young users first log on, and mandatory 30-second warnings after three hours of continuous use and hourly thereafter. The bill follows the proven model of tobacco warning labels and responds directly to the U.S. Surgeon General's June 2024 call for this intervention. AB 56 is supported by the CA Medical Association and the CA chapter of the American Academy of Pediatrics.
AB 621, also authored by Assemblymember Bauer-Kahan, is sponsored by the Office of San Francisco City Attorney David Chiu and provides additional civil liability for the intentional creation and distribution of deepfake pornography by expressly applying it to deepfake pornography websites and those who knowingly facilitate the making or distribution of such images. Further, it expressly allows public prosecutors to take enforcement actions under the statute, and increases the amount of damages that violators may face. AB 621 is supported by the California District Attorney Association, Police Chiefs Association, and Civil Prosecutors.
However, the veto of AB 1064—the LEAD for Kids Act—leaves California's children vulnerable to AI companion chatbots that simulate friendships or romantic relationships and have already been linked to depression, self-harm, and suicide among young people. The bill, which would have been the first in the nation to place guardrails on AI chatbots used by children, was sponsored by Common Sense Media and supported by over 20 organizations including Tech Oversight, Children's Advocacy Institute, and the CA Department of Justice.
The veto of AB 1064 comes as teen depression and anxiety rates have spiked to crisis levels and AI chatbots have engaged in sexual conversations with children, promoted disordered eating and self-harm, and, in tragic cases, even encouraged suicide.
“People across the nation — including myself — have become increasingly concerned with Big Tech’s failure to protect children who interact with its products. Today, California makes clear that we will not sit and wait for companies to decide to prioritize children’s well-being over their profits,” said Attorney General Rob Bonta. “By adding warning labels to social media platforms, AB 56 gives California a new tool to protect our children. I thank Assemblymember Rebecca Bauer-Kahan for introducing this legislation and look forward to continuing the vital work of ensuring social media platform use does not harm our kids.”
Assemblymember Bauer-Kahan said, We're sorely disappointed to see Governor Newsom side with Big Tech over the more than 150 families who have suffered the most unimaginable loss: the passing of their child encouraged by companion AI. These AI companies know the risks their products pose. They've made purposeful design decisions that put kids in harm's way, creating chatbots that form dangerous emotional bonds with vulnerable young people. In far too many cases, these AI companions have encouraged suicide, self-harm, and eating disorders. The fact of the matter is that Big Tech knows what their products are doing to children, yet they continue to prioritize profits over safety. The other legislation signed by the governor, and supported by big tech, does not do enough to protect our kids. We won't stop until we ensure this technology is safe for our children and that Big Tech is held responsible for the harms their products cause.
“Common Sense Media thanks Governor Newsom for signing critical social media safety protections into law, and we loudly applaud Assemblymember Bauer-Kahan and Attorney General Bonta for their steadfast and expert leadership in shepherding AB56 through the legislature,” said Common Sense Media Founder and CEO James P. Steyer. “At the same time, we are disappointed that the tech lobby has killed urgently needed kids’ AI safety legislation. California families stand to lose the most as a result, which is why we will not rest until we get this done. We will continue working with Assemblymember Bauer-Kahan and other lawmakers, as well as the courageous parents and other advocates, on getting AB1064 signed into law in the year ahead.”
With AB 56's and AB 621’s signing, California takes an important step in protecting children from social media and AI harms, but advocates make clear that the fight for comprehensive digital safety protections will continue.
