United States of America: Issued Court of Appeals’ ruling in NetChoice v. Bonta concerning California’s Age-Appropriate Design Code Act

On 16 August 2024, the Ninth Circuit Court of Appeals’ issued a decision in NetChoice v. Bonta, in defence of California’s Age-Appropriate Design Code Act. The decision follows the motion for preliminary injunction issued by the United States District Court Northern District of California on 18 September 2023, blocking the implementation of the California Age-Appropriate Design Code Act. NetChoice, a trade association representing companies such as e Google, Amazon, Meta, and TikTok, challenged the constitutionality of the Act, arguing that it was incompatible with the First Amendment. The Ninth Circuit Court of Appeals’ Court found that NetChoice did not demonstrate that the majority of California’s Age-Appropriate Design Code Act is unconstitutional. Among others, the Act restricts companies in the collection, use, and sale of children’s data, and the collection of a child’s geolocation information.