March 14 (Reuters) - A federal judge said California
cannot enforce a state law meant to shield children from online
content that could harm them mentally or physically.
U.S. District Judge Beth Labson Freeman ruled on Thursday
that the trade group NetChoice deserved a preliminary injunction
because it was likely to show the California Age-Appropriate
Design Code Act violated its members' free speech rights under
the Constitution's First Amendment.
NetChoice said the law would turn its 39 members including
Amazon.com ( AMZN ), Google, Facebook and Instagram
parent Meta Platforms ( META ), Netflix ( NFLX ) and Elon Musk's
X into state-deputized censors, and "censor the internet under
the guise of privacy."
The office of California Attorney General Rob Bonta, which
defended the law, did not immediately respond on Friday to
requests for comment.
Ambika Kumar, a lawyer for NetChoice, called the law "a
breathtaking act of unconstitutionally vague and overbroad,
content-based censorship. We are pleased to see it enjoined."
Signed by Governor Gavin Newsom in September 2022,
California's law required businesses to create reports
addressing whether their online platforms could harm children,
and take steps before launch to reduce the risks.
It also required businesses to estimate ages of child users
and configure privacy settings for them, or provide high
settings for everyone. Civil fines could reach $2,500 per child
for negligence and $7,500 per child for intentional violations.
In her 56-page decision, Freeman said the law imposed
significant burdens and was not narrowly tailored to advance
California's alleged compelling interest in protecting children
from bullying, harassment, sexual exploitation, sleep loss and
other harms.
"A regulation that focuses on the emotive impact of speech
on its audience is content-based, and therefore must be drawn as
narrowly as possible," the San Jose, California judge wrote.
"The state has not shown that the is narrowly drawn here."
Freeman also enjoined the law in September 2023. A federal
appeals court set aside part of her injunction last August and
ordered a reassessment. The law was supposed to take effect last
July.
The case is NetChoice LLC et al v Bonta, U.S. District
Court, Northern District of California, No. 22-08861.