How age tokens to get past age gates favour free speech

India's digital infrastructure can ensure children are not exposed to online content meant for adults

- RAHUL MATTHAN

In September 2022, California governor Gavin Newsom signed the Age-Appropriate Design Code Act (CAADCA) into law, introducing a new legislative framework to protect children online. The law required businesses whose services were likely to be accessed by minors to conduct 'data protection impact assessments' before launching new features. These assessments had to evaluate whether platforms could expose children to "harmful or potentially harmful materials" and mandate mitigation strategies for any risks identified.

NetChoice, a tech industry trade group, immediately sued California Attorney General Rob Bonta, arguing that the law violated the US First Amendment and other constitutional provisions. A district court issued a preliminary injunction in September 2023, which was subsequently broadened on 13 March 2025.

The court's decision was based on the finding that the law violated the constitutional guarantee of free speech by compelling businesses to "opine on and mitigate the risk that children may be exposed to harmful or potentially harmful materials online." This, the court held, essentially forced platforms to make editorial judgments about speech content, which was not permitted under the near-absolute right to speech available under the US Constitution.