Cal. Health and Safety Code - HSC 25. — CHAPTER 25. Social Media Warning Law [28000. - 28002.] | Health and Safety Code - HSC — California

Cal. Health and Safety Code - HSC § 28000. Section 28000.

This chapter shall be known as the Social Media Warning Law.

Cal. Health and Safety Code - HSC § 28001. Section 28001.

(a) For purposes of this chapter, “covered platform” has the same meaning as addictive internet-based service or application, as defined in paragraph (1) of subdivision (b) of Section 27000.5. (b) “Covered platform” does not mean an internet website, online service, online application, or mobile application whose primary function is any of the following: (1) The sale of goods or services. (2) Cloud storage. (3) Electronic mail. (4) Direct messaging, in which communications are viewable only by the sender and an intended recipient, that does not allow public content dissemination, interaction, or access. (5) Communication internal to an organization. (6) Internal organizational collaboration services that are not offered to the general public or consumers outside the organization.

Cal. Health and Safety Code - HSC § 28002. Section 28002.

(a) (1) (A) For each calendar day in which a user uses a covered platform, the covered platform shall display, pursuant to subparagraph (B), the black box warning described in subdivision (b) to the user when the user initially accesses the covered platform. (B) The black box warning required by this paragraph shall be displayed clearly and continuously for a duration of at least 10 seconds, unless the user affirmatively dismisses the warning by clicking on a conspicuous “X” icon. That black box warning shall be displayed in a manner that occupies at least 25 percent of the screen or window that the user is using to access the covered platform. (C) A covered platform shall not be required to display the black box warning required by this paragraph to a user if it has reasonably determined that the user is over 17 years of age. (2) (A) For each calendar day in which a user uses a covered platform, the covered platform shall display, pursuant to subparagraph (B), the black box warning described in subdivision (b) after three hours of cumulative active use and thereafter at least once per hour of cumulative active use. (B) The black box warning required by this paragraph shall be displayed clearly and continuously for a duration of at least 30 seconds, without providing the ability to bypass or click through the warning, in a manner that occupies at least 75 percent of the screen or window that the user is using to access the covered platform. (C) A covered platform shall not be required to display the black box warning required by this paragraph to a user if it has reasonably determined that the user is over 17 years of age. (b) The black box warning consists of the following text displayed clearly, conspicuously, and legibly in black text on a white background: “The Surgeon General has warned that while social media may have benefits for some young users, social media is associated with significant mental health harms and has not been proven safe for young users.” (c) The provision of the notice required by this section or a user affirmatively dismissing the notice do not waive, release, otherwise limit, or serve as a defense to, any claim, including claims premised on failure to warn, other than a claim premised on a violation of this section. (d) Nothing in this chapter shall be interpreted to serve as the basis for a private right of action under this chapter or any other law. (e) The provisions of this chapter are severable. If any provision of this chapter 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. (f) This chapter shall become operative on January 1, 2027.