New Florida bill bans minors from having social media accounts

Tallahassee, FL – A new bill, HB1 introduced in the Florida Legislature late Friday aims to significantly increase regulations on social media use for minors, marking a bold step in addressing online safety and parental control concerns. Titled “An Act Relating to Social Media Use for Minors,” the bill proposes a series of measures that could reshape how young Floridians interact with social media platforms.

A similar bill filed in Texas in 2022 by Republican State House Representative Jared Patterson was not received well publicly. “Social media is the pre-1964 cigarette. Once thought to be perfectly safe for users, social media access to minors has led to remarkable rises in self-harm, suicide, and mental health issues,” Patterson said in a press release. “The Texas legislature must act this session to protect children because, thus far, the social media platforms have failed to do so. HB 896 is a solution to this crisis,” Patterson added in the release.

Under the proposed legislation filed by Representative Tyler Sirois (REP- Merritt Island), social media platforms would be required to prevent minors under 16 from creating new accounts. This move is a direct response to growing concerns about the impact of social media on the mental health and safety of young users. In addition to age restrictions, the bill mandates the use of “reasonable age verification methods” for new account creation, ensuring that minors do not bypass the rules. Traditionally, Republicans advocate for limited government intervention in business and personal lives. However, this bill represents a more interventionist approach, imposing significant regulations on social media platforms.

Existing accounts belonging to users under 16 would be subject to termination, with the bill stipulating a 90-day window for account holders to dispute such actions. The bill also allows minors and their parents or guardians to request account terminations.

The bill goes further, requiring platforms to disclose policies on content moderation, use of addictive features, and data collection practices. This transparency is aimed at informing users, particularly those under 18, about the nature of the content and data practices they are exposed to.

Some key points of contention:

1. Privacy Concerns: The requirement for age verification could lead to the collection of sensitive personal information, raising concerns about data privacy and security. Critics argue that this could increase the risk of data breaches and misuse of personal information.
2. Effectiveness of Age Verification: Skeptics question the effectiveness of age verification methods. They argue that minors could find ways to circumvent these checks, rendering the law ineffective in achieving its intended goal.
3. Impact on Freedom of Expression: There are concerns that the bill might infringe on the freedom of expression of minors. By restricting access to social media platforms, the bill could limit a vital avenue for young people to express themselves, engage in social issues, and connect with peers.
4. Parental Rights vs. Autonomy of Minors: While the bill strengthens parental control over a minor’s social media use, it may also be criticized for infringing on the autonomy of older minors. Critics might argue that it doesn’t adequately consider the varying maturity levels of minors, especially those close to the age of consent. It effectively removes the parent’s decision to decide if they want their child under 16 to have an account.
5. Overreach and Enforcement Challenges: The bill’s extensive requirements on social media platforms may be seen as governmental overreach, potentially leading to legal challenges. Additionally, the global nature of social media companies could pose significant enforcement challenges, especially in aligning with different jurisdictions’ regulations.
6. Economic Impact on Tech Companies: The technology sector might argue that the bill imposes undue burdens on social media platforms, potentially affecting their business models and innovation. The threat of hefty fines could discourage companies from operating in Florida, impacting the state’s digital economy.
7. Ambiguity and Implementation Issues: Some critics point out potential ambiguities in the bill’s language and scope, which could complicate its implementation. Questions about what constitutes “reasonable age verification methods” or how to effectively enforce the law could lead to inconsistent application.
8. Potential Unintended Consequences: There is a concern that the bill could lead to unintended consequences, such as driving minors to use less regulated, potentially more harmful online spaces, or encouraging the use of fake information to bypass restrictions.

The enforcement of these regulations carries substantial weight. Violations are deemed unfair trade practices, actionable by the Department of Legal Affairs, with potential fines reaching $50,000 per violation. Moreover, the bill allows for civil action against platforms that fail to comply with termination requests, highlighting the legal ramifications of non-compliance.

In September 2021, the Wall Street Journal released an exposé on Facebook, revealing internal evidence that Instagram use is linked to poorer mental health, especially among young women. This revelation sparked various reactions, with some commentators urging society to acknowledge the dangers of youth social media use and to regulate it similarly to alcohol and tobacco. Additionally, a New York Times op-ed featured stories from high school and college-aged women who were not surprised by these findings, as their own experiences on Instagram contributed to negative self-image, eating disorders, and other mental health issues.

U.S. Congress’ Joint Economic Committee released a report highlighting associations between social media use and declining mental health among teenage girls. The report states that the results of the studies highlighted do not prove a conclusive link between youth mental health declines and social media use: “these findings cannot tell us whether social media use causes poorer mental health…” the committe said in the report.

The proposed legislation, set to take effect on July 1, 2024, if passed, positions Florida at the forefront of state-level efforts to regulate social media and protect minors. However, it raises critical questions about the balance between safeguarding young users and respecting their autonomy and privacy. The effectiveness of age verification methods and the implications for user privacy are also likely to be key points of debate.

As the bill moves through the legislative process, it promises to spark a wider conversation about the role of government in regulating social media in the “free state of Florida” and the responsibilities of platforms in ensuring a safe online environment for minors.

Rep. Sirois did not immediately respond to a request for comment.