Courts face constitutional issues in safeguarding children online
Efforts to Keep Children Safe Online Gain Momentum
Following a highly publicized congressional hearing featuring the CEOs of major social media companies, a federal bill aimed at protecting children online is gaining traction. This legislative push aligns with state-level attempts to impose regulations on young people’s online activities, although these state laws are currently facing constitutional challenges in court.
The Kids Online Safety Act (KOSA), which was first introduced in 2022, now has the support of 60 senators, indicating a potential path to passage in the Senate. The bill seeks to impose a “duty of care” on design features of social media platforms that could harm users under the age of 16. Critics argue that this could lead to age verification for all users, compromising the privacy of millions. However, supporters emphasize the urgent need to address social media’s impact on youth mental health.
Building Age-Appropriate Platforms
“It is undergirded by the commonsensical objective of requiring social media companies to build their platforms to be age-appropriate at the level of design (not speech) so that they do not take advantage of adolescent immaturity through technical devices (like infinite scroll), which try to bend their impressionable wills toward things that they are simply ill-prepared to handle,” said Michael Toscano, executive director of the Institute for Family Studies.
The bill’s future in the House is less certain, as there are competing proposals for online child safety. President Joe Biden expressed support for an earlier version of the federal KOSA bill in July 2023. However, if KOSA becomes law, it is likely to face First Amendment challenges in court.
With parents increasingly concerned about the impact of social media on teenage mental health, many states are taking action without waiting for Congress. At least 15 states have introduced or passed safety measures.
Similar to KOSA, a 2022 California law places the responsibility for child welfare on companies. The law requires companies to prioritize privacy, incentivizes age verification, mandates impact assessments before introducing new features, and shifts the responsibility of evaluating potential harm to children to online businesses and services. Critics argue that this could lead to the removal of lawful speech to comply with the law.
First Amendment Concerns
When the California law was challenged in federal district court, a preliminary injunction was granted, with the judge stating that the plaintiff was “likely to succeed on at least one of its First Amendment theories.”
Arkansas became the second state to pass a law restricting children’s use of social media platforms, but it faced a preliminary injunction due to numerous exemptions and concerns about anonymity online. A similar law in Ohio was also halted by a federal judge, who deemed it a “blunt instrument” that violated the First and 14th amendments.
The Utah Social Media Regulation Act, signed into law last year, requires age verification and parental consent for minors, as well as restrictions on the hours minors can access their accounts. However, this law is also facing legal challenges, leading to its implementation being delayed.
Despite the trend of these laws being deemed potentially unconstitutional and limited evidence of harm caused by social media, other states, including Connecticut, Iowa, Louisiana, Maryland, Minnesota, Nevada, New Jersey, New Mexico, New York, Oregon, Texas, and Wisconsin, have either passed or introduced similar legislation. Critics argue that these bills infringe on the First Amendment rights of both adults and minors, while also posing risks to online privacy and security.
How have concerns about cyberbullying, predatory behavior, and the negative effects of social media on mental health contributed to the push for legislation to protect children online?
Ut waiting for federal legislation. In May 2023, Texas became the first state to pass a law that requires social media companies to provide a way for users under the age of 18 to easily delete their personal information. Other states such as California, Florida, and Illinois are also considering similar measures.
These state laws are facing legal challenges, with opponents arguing that they infringe on the First Amendment rights of social media companies. However, supporters believe that these measures are necessary to protect children from the potential harms of the online world.
Efforts to keep children safe online have gained momentum in recent years as concerns about cyberbullying, predatory behavior, and the negative effects of social media on mental health have grown. A study conducted by the Pew Research Center found that 95% of teenagers in the US now have access to a smartphone, and 45% say they are online almost constantly. With children spending more and more time online, it is crucial to ensure their safety and well-being in this digital age.
Parents, educators, and lawmakers are recognizing the need for comprehensive solutions to address these challenges. Alongside age-appropriate platform design, there are calls for increased transparency and accountability from social media companies. Some advocates argue for stricter regulations on data collection and targeted advertising that can manipulate young users.
Technology is evolving rapidly, and it is important for legislation to keep pace with these changes. However, finding the right balance between protecting children and preserving civil liberties is a complex task. It requires cooperation and collaboration between lawmakers, social media companies, and other stakeholders to create an online environment that is both safe and inclusive for children of all ages.
While there may be differences of opinion on the specific approaches and strategies, the growing momentum behind efforts to keep children safe online is a positive sign. It reflects a collective understanding that the well-being of our children is a shared responsibility. By working together, we can create a safer digital world for future generations.
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