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CA AB 2

California Assembly Bill 2 - Injuries to Children: Civil Penalties (social media platform duty of ordinary care)

Requires a social media platform with more than $100 million in annual gross revenues to exercise ordinary care or skill in its interactions with minors, and makes it liable in damages for injury to a child caused by a failure to do so. Provides statutory damages of $5,000 per violation capped at $1 million per child, or treble actual damages, whichever is greater, and voids any waiver of the liability. Repealed January 1, 2035.

Jurisdiction

California

Enacted

Sep 10, 2026

Effective

Jan 1, 2027

Enforcement

Private civil action by or on behalf of an injured child; no administrative enforcement mechanism is created

Approved by Governor Newsom and filed with the Secretary of State on September 10, 2026 as Chapter 180, Statutes of 2026. Adds Section 1714.02 to the Civil Code, immediately following Section 1714.01. No urgency clause, so it takes effect January 1, 2027 under Article IV, Section 8(c) of the California Constitution. The statute applies prospectively and does not reach causes of action pending before January 1, 2027, and Section 1714.02 is repealed on January 1, 2035.

California Legislative Information: AB 2, Chapter 180, Statutes of 2026 (chaptered text)

Why It Matters

Creates a statutory negligence duty running from large social media platforms to minors, backed by damages that do not require proof of a specific statutory violation. A duty framed as ordinary care is decided case by case rather than by a compliance checklist, so its practical scope will be set by litigation rather than by regulation.

Recent Developments

Signed September 10, 2026 as Chapter 180, Statutes of 2026, in the same package as SB 1119 and AB 2246. The statute converts platform conduct toward minors into an ordinary negligence question with statutory damages, rather than prescribing design rules, and it makes waivers unenforceable. Its reach depends on the definition of social media platform in Business and Professions Code section 22675 and on the $100 million revenue floor.

At a Glance

Applies to

Social PlatformOnline Platform Minors-focused

Who Must Comply

  • Social media platforms with more than $100 million in annual gross revenues, as defined in Business and Professions Code section 22675

Applicability thresholds:

100M global USD/annual — Platform falls within the duty of ordinary care and the damages provisions

Safety Provisions

  • Duty on a social media platform to exercise ordinary care or skill in interactions with minors
  • Liability in damages where a failure of ordinary care causes injury to a child
  • Statutory damages of $5,000 per violation capped at $1,000,000 per child, or three times actual damages, whichever is greater
  • Waivers of the liability are void
  • Applies prospectively only, excluding causes of action pending before January 1, 2027
  • Sunsets on January 1, 2035

Compliance & Enforcement

Key Dates

Jan 1, 2027

Duty of ordinary care and the damages provisions take effect; causes of action pending before this date are excluded

Jan 1, 2035

Civil Code section 1714.02 is repealed by its own terms

Penalties

$1M; $5K/violation

Private Right of Action

Individuals can sue directly without waiting for regulatory action.

View on map

California

Focus Areas

Child safety

Cite This

APA

California. (2026). California Assembly Bill 2 - Injuries to Children: Civil Penalties (social media platform duty of ordinary care).

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Last updated September 13, 2026. Verify against primary sources before relying on this information.