An innovative legal framework
California Governor Gavin Newsom has signed several bills aimed at regulating the use of intelligent chatbots (AI), particularly on social media platforms. The main objective: to ensure the protection of children and establish greater accountability for companies that develop or operate these technologies.
What the new measures provide
Here are the main points of these laws:
- Clear notification: Chatbots must explicitly inform their users, especially minors, that they are interacting with artificial intelligence, not a human.
- Age verification: Platforms offering interactive services using AI must implement mechanisms to verify whether the user is an adult or not.
- Suicide and self-harm prevention: Laws require protocols to detect suicidal ideation or self-harm during interactions with chatbots and to direct users to crisis or support services.
- Periodic warnings for minors: Minors must receive regular reminders that the entity they are interacting with is an AI, not a human.
- Limiting sensitive content: Chatbots may not generate sexually explicit content aimed at minors or claim to have medical or caregiving functions unless they are qualified.
- Transparency and reporting: Starting in 2027, chatbot operators will be required to publish annual reports on their safety protocols, including data on mental health alerts, interventions, and crisis response.
Motives and triggers
Several factors have prompted the authorities to act:
- Cases in which minors have allegedly had conversations with chatbots that have encouraged suicidal thoughts or caused psychological disorders.
- Growing concerns about the misuse or unregulated use of companion chatbots, particularly regarding their influence on young people.
- Lack of clarity regarding corporate liability when damage occurs as a result of conversations with AI.
Expected impacts and challenges
Possible positive impacts:
- Better protection of minors against the potential abuses of interactions with AI.
- Increased accountability for chatbot designers, who will be subject to clear legal standards.
- Greater transparency for users regarding the artificial nature of the entities with which they interact.
Challenges:
- How can age verification be ensured without creating excessive barriers for legitimate users?
- Ensure that periodic alerts do not simply become ignored formalities.
- Adapt technical procedures without hampering innovation in a rapidly evolving sector.
- Ensure that laws are enforced and that penalties for non-compliance are dissuasive.
Timeline and scope
- The new laws will take effect in early 2026.
- Certain transparency requirements (annual reports, mental health data, etc.) will not begin until July 2027.
- These measures apply to all platforms offering AI chatbots operating in California, including those providing services to minors.
Conclusion:
California is establishing a significant regulatory shift in the governance of controversial artificial intelligence. By imposing standards of transparency, security, and accountability, the state seeks to limit risks for the most vulnerable, particularly children, while maintaining a viable framework for innovation. The real test will be the practical implementation and the ability of stakeholders to comply with these new standards.
