Court blocks key part of California law on children's online safety
World
Court blocks key part of California law on children's online safety
(Reuters) - A federal appeals court on Friday left intact a key part of an injunction blocking a California law meant to shield children from online content that could harm them mentally or physically.
The 9th U.S. Circuit Court of Appeals in San Francisco said NetChoice, a trade group for companies that do business online, was likely to show that the California Age-Appropriate Design Code Act violated members' First Amendment free speech rights.
California required businesses to create "Data Protection Impact Assessment" reports addressing whether their online platforms could harm children, such as through videos promoting self-harm, and take steps before launch to reduce the risks.
Businesses were also required to estimate the ages of child users and configure privacy settings for them, or else provide high settings for everyone.
Civil fines could reach $2,500 per child for each negligent violation, or $7,500 per child for each intentional violation.
Circuit Judge Milan Smith wrote for a three-judge panel that the first requirement was likely unconstitutional because California had less restrictive ways to protect children.
He said the state could improve education for children and parents about online dangers, give companies incentives to filter or block content or rely on enforcing its criminal laws.
Requiring "the forced creation and disclosure of highly subjective opinions about content-related harms to children is unnecessary for fostering a proactive environment in which companies, the state, and the general public work to protect children's safety online," Smith wrote.
