This could mean lots of lawsuits, especially for platforms like TikTok and Facebook
of the U.S. Communications Decency Act, which essentially says publishing platforms are not liable for what individuals post on their platforms. This is an important federal protection, as without it, free speech on the internet as we know it wouldn’t exist.
But because lawmakers are targeting the marketing tactics as opposed to the social media platforms as a whole or the user-generated content on it, Cunningham feels that the bill won’t clash with federal law. And, with the knowledge that platforms like Facebook and Instagram were wildly aware of how addictive their platforms were, the assemblymember feels now is the time for the bill.
“I think this is as good a case as I can think of, outside maybe massive oil spills or Joe Camel pitching cigarettes to 15-year-olds, for retroactive application,” he said to Politico. “We’ll see whether my legislative colleagues agree with me — that remains to be seen.”
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