Privacy & Cybersecurity Law Blog

On September 10, 2026, California Governor Gavin Newsom signed AB 1709 (“the Act”), which restricts the availability of specified addictive features on certain online platforms for users under 16 years of age, and establishes the e-Safety Advisory Commission.

Covered Platforms and Addictive Features

The Act applies to certain Internet websites, online services, online applications and mobile applications that offer an addictive feature as a significant part of the service. The Act defines “addictive feature” to include an addictive feed, autoplay and any additional feature designated by regulation. It also defines “addictive feed” to include feeds or displays “in which multiple pieces of media generated or shared by users are, either concurrently or sequentially, recommended, selected or prioritized for display to a user based . . . on the information provided by the user, or otherwise associated with the user or the user’s device,” subject to certain exceptions.

Restrictions on Addictive Features for Users Under 16

The Act prohibits a covered platform from providing an addictive feature to a user under 16 years old. A covered platform may permit a user under 16 to create or maintain an account if the user is not provided with any addictive feature. The Act also requires platforms to implement reasonable measures to ensure that users under 16 years of age are not provided addictive features.

Age Verification and Account Deletion Requirements

Before providing an addictive feature to a user, a covered platform must verify the user’s age pursuant to the Digital Age Assurance Act, subject to any regulations adopted by the California Attorney General. If a covered platform is unable to verify the user’s age through that process, the standard becomes whether the operator has “reasonably determined that the user is not a minor,” arising from Section 27001 of the Health and Safety Code.

Upon the Act becoming effective, a covered platform is required to delete any pre-existing account of a user under the age of 16 and any personal information associated with that account, except where the platform permits a user under 16 years of age to create or maintain an account without providing any addictive features.

Attorney General Authority and Enforcement

The Act authorizes the Attorney General to adopt regulations to implement and enforce these requirements and to alter the scope of the term “covered platform” under specified circumstances.

Enforcement actions may be brought only by the Attorney General or local public prosecutor. A covered platform that violates the Act may be subject to civil penalties of up to $25,000 per affected minor for a negligent violation and up to $50,000 per affected minor for a knowing violation. In determining the amount of a civil penalty, a court must consider the size of the covered platform, the severity and duration of the violation and the platform’s good faith efforts to comply.

e-Safety Advisory Commission

The Act establishes the e-Safety Advisory Commission as an independent advisory body that is administratively housed within the California Department of Justice. The Commission’s recommendations are advisory only and are not binding on state agencies or departments.

The Commission consists of seven appointed members with specified areas of expertise and experience, including pediatrics, child psychology, age assurance technologies, education, advocacy on behalf of marginalized youth and LGBTQ+ civil rights issues. Further, the Commission may provide advice and recommendations to state government regarding implementation of online safety laws, the effects of age restrictions, harmful design features, safety practices, rulemaking activities and safe online access for isolated LGBTQ+ youth.

The Commission must report annually to the California Legislature and the Governor regarding its activities, proposed actions, statutory changes and recommendations for legislative changes intended to enhance the protection of minors online.