Online platforms: educational children’s content., the official text

An act to add Chapter 22.2.10 (commencing with 22589.7) to Division 8 of the Business and Professions Code, relating to children’s online platforms.

LEGISLATIVE COUNSEL'S DIGEST

Existing law establishes the Department of Consumer Affairs to, among other things, protect consumer interests and regulate specified businesses. Existing law requires a business that provides an online service, product, or feature likely to be accessed by children to comply with specified requirements, including configuring all default privacy settings provided to children to settings that offer a high level of privacy. Existing law prohibits an operator of an internet website, online service, online application, or mobile application directed to minors from marketing or advertising specified products or services to a minor.
This bill would enact the California Children’s Digital Educational Content Act of 2026, which would require a covered platform, as defined, to establish and maintain a walled garden. The bill would define a walled garden as a clearly designated and easily accessible section of a platform that is dedicated exclusively to educational children’s content, as defined. The bill would require a walled garden to meet certain requirements, including that it be free from targeted advertising and be accessible to minors without an account. The bill would authorize the department to adopt regulations to implement these provisions.
The bill would require a covered platform to annually submit a compliance report to the department and would authorize the department to conduct audits. The bill would impose specified administrative penalties for violation of its provisions.

The people of the State of California do enact as follows:

SECTION 1.
Chapter 22.2.10 (commencing with Section 22589.7) is added to Division 8 of the Business and Professions Code, to read:
22.2.10.
Children’s Digital Educational Content22589.7.
This chapter shall be known, and may be cited, as the California Children’s Digital Educational Content Act of 2026.

22589.7.1.
For purposes of this chapter, the following definitions apply:
(a) “Covered platform” means a platform that has annual gross revenues in excess of one hundred million dollars ($100,000,000) in any calendar year.
(b) “Educational children’s content” means original video programming that is primarily designed for children 2 to 16 years of age, inclusive, is socially, civically, or core-curriculum educational in nature, and complies with the standards for children’s educational and informational programming adopted by the Federal Communications Commission.
(c) “Minor” means an individual under 18 years of age.
(d) “Platform” means an advertising-supported, nonsubscription digital content or social media service that distributes video content to users in California, whether the content is user generated or professionally produced.
(e) “Walled garden” means a clearly designated and easily accessible section of a platform that is dedicated exclusively to educational children’s content.

22589.7.2.
A covered platform shall establish and maintain a walled garden that meets all of the following requirements:
(a) Contains no fewer than four hours of children’s digital educational content at all times.
(b) Be free from targeted advertising.
(c) Provide age-appropriate navigation and safety features.
(d) Display content consistent with Federal Communications Commission guidelines for children’s programming.
(e) Be accessible to minors without requiring account creation.

22589.7.3.
(a) By April 1, 2027, and annually thereafter, a covered platform shall submit a compliance report to the Department of Consumer Affairs covering the preceding calendar year. The report shall include all of the following:
(1) The titles and total hours of educational children’s content maintained in the walled garden during the reporting period.
(2) A description of the safety features and navigation controls implemented in the walled garden.
(3) Evidence of compliance with the requirements of this chapter.
(b) The Department of Consumer Affairs may conduct audits to verify compliance with this chapter.

22589.7.4.
(a) A covered platform that violates this chapter shall be liable for an administrative penalty not to exceed fifty thousand dollars ($50,000) per day for each day the violation continues.
(b) The Department of Consumer Affairs may adopt regulations to implement the provisions of this chapter.

SEC. 2.
The provisions of this chapter are severable. If any provision of this chapter or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.