EFF Says California’s Amended Social Media Law Still Threatens Free Speech
EFF argues California’s amended AB 1709 still threatens free speech and privacy rights.
Why it matters: This debate shapes how social media companies and privacy advocates navigate state-level rules on minors' online access and platform regulation.
- California’s AB 1709 bars under-16 users from accounts on platforms with ‘addictive features’.
- The bill creates an e-Safety Advisory Commission to advise the Attorney General on enforcement.
- EFF says the July 2026 amendments fail to resolve free speech and privacy risks.
- AB 1709 authorizes the Attorney General to expand or alter the definition of covered platforms.
California Assembly Bill 1709 (AB 1709) targets social media companies by prohibiting users under age 16 from creating or maintaining accounts on specified platforms that include so-called 'addictive features'. These provisions aim to protect minors but have raised alarms among digital rights advocates.
The bill also establishes an e-Safety Advisory Commission within the California Department of Justice. This commission advises the Attorney General on online safety and the implementation of AB 1709, with yearly reports due to the legislature and governor starting January 1. Furthermore, the Attorney General is empowered to adjust what qualifies as a 'covered platform' to respond to evolving risks.
Despite amendments passed in July 2026, the Electronic Frontier Foundation (EFF) criticizes the bill for continuing to threaten free speech and privacy rights. The EFF contends that these core concerns remain unaddressed, potentially undermining digital expression and user protections.
Sponsored by Assembly Members Lowenthal, Alvarez, Bauer-Kahan, Bonta, Hoover, Muratsuchi, Patterson, and Wicks, AB 1709 has already passed both chambers of the California Legislature and awaits further action. Its progress signals California’s ongoing commitment to regulating minors’ social media use but highlights the tension between safety objectives and constitutional protections.
By the numbers:
- July 9, 2026 — Date of AB 1709 amendment in the Senate
- January 1 (annual) — Deadline for e-Safety Advisory Commission's reports to legislature and governor
- 8 sponsors — Number of Assembly Members backing AB 1709
Yes, but: While AB 1709 aims to protect minors online, critics highlight that vague definitions and broad regulatory powers could lead to overreach affecting lawful speech.
What's next: Further legislative or executive actions are expected as AB 1709 moves through the approval pipeline and as the Advisory Commission begins operational reporting.