Facebook Successfully Argues against Using Youth's Photos in Advertisements in Legal Dispute
In the digital age, social media platforms have become a significant part of everyday life for millions of users worldwide. However, when it comes to minors and their rights, the landscape can be complex.
Recently, the European Commissioner for Justice, Consumers and Gender Equality, Veře Jourova, has raised concerns about Facebook's terms of service, suggesting potential sanctions if the company fails to clarify how consumer data is used. This is due to the terms being considered misleading [1].
In California, minors have a unique legal position. Under California Family Code § 6710, minors have the right to disaffirm (void) contracts they sign. This means that contracts entered into by minors can generally be canceled by them, providing a legal protection to prevent minors from being bound by contracts they do not fully understand or agree to once they reach majority age [4].
However, the interpretation of this law in the context of social media platforms' terms of service can be nuanced. While California law does not negate the minors' right to disaffirm contracts such as agreeing to terms of service, a minor could potentially void acceptance of these terms under state contract law protections for minors [4][5].
The California Age-Appropriate Design Code Act (AB 2273) is another law that aims to protect minors online. This law mandates websites likely used by minors to configure privacy settings that protect children and provide privacy notices, terms of service, and community standards appropriate for their age. The law restricts data collection, sale, and use of minors' personal data in ways that could harm them, including forbidding targeted ads to minors and requiring age estimation and impact assessments [5][1].
Facebook, the subject of Commissioner Jourova's concerns, has also launched a new tool called Town Hall. This tool allows users to follow and contact their elected representatives, including county board commissioners, mayors, state reps, senators, governors, vice president, and president. Town Hall is available on Facebook, Messenger, Twitter, Pinterest, Linkedin, Whatsapp, and Email [6].
It's important to note that the Ninth Circuit has interpreted California law to mean that minors can generally enter into contracts on the same terms as adults. However, in a separate case, the court refused to enforce Snapchat's Terms of Service's venue clause, which states that all lawsuits against the company can only be brought in California where it is incorporated [2].
In conclusion, minors in California generally can void contracts they enter, including agreements with social media platforms, and platforms must follow state laws limiting data use and protecting minors’ privacy in their terms of service and operations. It's a developing area of law, with ongoing enforcement challenges and potential court rulings that may impact the final rules [5][1].
References:
- California Laws Affecting Social Media Companies
- Snapchat Case: Court Refuses to Enforce Venue Clause
- California Laws Protecting Minors Online
- Minors and Contract Law in California
- California's AB 2273: A New Era for Children's Privacy Online
- Facebook Introduces Town Hall, a New Feature for Political Engagement
- The European Commissioner for Justice, Consumers, and Gender Equality, Veře Jourova, has raised concerns about Facebook's unclear terms of service regarding consumer data, which could lead to potential sanctions if not addressed.
- In California, minors have the legal right to disaffirm (void) contracts they sign, including agreeing to terms of service on social media platforms, providing them protection from entering into agreements they do not fully understand or agree to once they reach majority age.
