Skip to main content

CA AI Child Safety Ballot

Artificial Intelligence (AI) and Child Safety Initiative

Comprehensive child AI safety ballot initiative by Common Sense Media. Expands companion chatbot definitions, raises age threshold for data sale consent, prohibits certain AI products for children, establishes new state regulatory structure. Allows state and private lawsuits, requires AI literacy in curriculum, mandates school device bans during instruction, creates children's AI safety fund.

Jurisdiction

California

Enacted

Pending

Effective

TBD

Enforcement

California Attorney General, private right of action

Ballot initiative for November 2026 election; currently gathering signatures for qualification. Competing with OpenAI counter-proposal.

CA Legislative Analyst's Office

Why It Matters

Could establish strictest child AI safety framework in US if passed. Private right of action allows individuals to sue, unlike SB243 which has AG enforcement only. Competing with OpenAI-backed proposal means voters will choose between two different approaches. If passed, would layer on top of existing SB243 requirements.

Recent Developments

Initiative filed December 2025 by Common Sense Media founder Jim Steyer. OpenAI filed competing ballot measure in December 2025 with less strict requirements. Neither yet qualified for ballot - need signature gathering. Voters would decide November 2026. Multiple hurdles remain before ballot qualification.

At a Glance

Applies to

AI CompanionSocial PlatformEducational AI Minors-focused

Who Must Comply

  • AI product developers and operators serving California children
  • Companion chatbot providers (expanded definition)
  • Schools (device ban requirements)
  • Social media platforms

Safety Provisions

  • Expands definition of companion chatbot beyond existing SB243
  • Raises age threshold for consent to sale/sharing of personal information
  • Prohibits certain AI products from being made available to children
  • Establishes new state regulatory structure for certain AI products
  • Allows state and private individuals to seek monetary awards (private right of action)
  • Requires Instructional Quality Commission to review AI literacy content in curriculum frameworks
  • Requires schools to ban internet-enabled devices during instructional time
  • Creates children's AI safety fund to support state oversight and implementation

Compliance & Enforcement

Penalties

Penalties pending regulatory determination

Private Right of Action

Individuals can sue directly without waiting for regulatory action.

View on map

California

Focus Areas

Mental health & crisis
Child safety
Active safeguards required

Compliance Help

Would expand beyond SB243 requirements - specific requirements TBD in final ballot text. Likely to include enhanced companion chatbot protocols, stricter age verification, content restrictions.

See how NOPE helps

Cite This

APA

California. (n.d.). Artificial Intelligence (AI) and Child Safety Initiative.

Related Regulations

In Effect US-CA

CA AB 489

Prohibits AI systems from using terms, letters, or phrases that falsely indicate or imply possession of a healthcare professional license.

Proposed US-CA

CA SB 867

Proposes a 4-year moratorium on the sale and manufacturing of toys with AI chatbot capabilities for children under 12. During the moratorium, a task force would develop safety standards with input from technologists, parents, and ethicists.

In Effect GB

Ofcom Children's Codes

Ofcom codes requiring user-to-user services and search services to protect children from harmful content including suicide, self-harm, and eating disorder content. Explicitly covers AI chatbots that enable content sharing between users. Requires detection technology, content moderation, and recommender system controls.

Pending US-FL

FL Companion Chatbot Act

Regulates companion AI chatbots with emphasis on self-harm prevention and crisis intervention. Requires suicide/self-harm detection protocols, 988 crisis referrals, prohibition on chatbots discussing self-harm with users, and annual reporting on crisis interventions. Includes minor-specific protections including AI disclosure, break reminders, and prohibition on sexually explicit content.

In Effect UK

UK OSA

One of the most comprehensive platform content moderation regimes globally. Creates specific duties around suicide, self-harm, and eating disorder content for children with 'highly effective' age assurance requirements.

In Effect US-TX

TX TRAIGA

Comprehensive AI governance with prohibited uses approach. Bans AI that incites self-harm/suicide, exploits children, or intentionally discriminates. Government entities have additional disclosure requirements. First-in-nation AI regulatory sandbox program.

Last updated February 17, 2026. Verify against primary sources before relying on this information.