Florida Governor Ron DeSantis has endorsed a legislation that bans minors under 14 from possessing social media profiles, aligning with akin measures in other states that have encountered legal disputes.
In addition to prohibiting minors under 14 from having social media accounts, the Florida law mandates parental consent for 14- and 15-year-olds to create accounts on platforms like Meta Platforms Inc. and TikTok Inc. Although older adolescents are not subject to restrictions, all social media users in the state must provide identification documents to confirm their ages as per the legislation.
DeSantis emphasized the negative impact of social media on children, stating in a Monday statement that it causes harm in various ways. He further noted that the legislation, referred to as House Bill 3, empowers parents with greater tools to safeguard their children.
The Florida legislation forms part of a larger initiative by several states aimed at regulating social media companies due to growing worries about their influence on youth mental health and their dissemination of sexually explicit material. States like Arkansas and Ohio have implemented laws mandating parental consent for minors to use social media platforms. However, these measures, along with California’s children’s digital privacy law, have encountered legal hurdles and challenges.
Netchoice, a lobbying organization representing companies such as Meta, TikTok, and Alphabet Inc.’s Google, had advised Governor DeSantis to reject the bill, arguing that it violates the constitution and would not effectively safeguard Floridians.
“House Bill 3 compels Floridians to disclose sensitive personal data to websites or risk losing access to essential information platforms,” stated Carl Szabo, NetChoice’s Vice President and General Counsel. “This encroaches upon Floridians’ First Amendment freedoms to express and access content online.”
Navigating the delicate balance between safety and freedom of expression
DeSantis, a parent of three young children, shared that he and his wife have been deliberating on the use of phones and social media for their kids. He highlighted that lawmakers implemented a ban last year on cellphone usage during instructional periods, except when permitted by teachers.
DeSantis expressed on Monday that social media has caused significant issues. Lawmakers face challenges in safeguarding children online while avoiding legal conflicts. The increase in teen anxiety and depression has paralleled the rise of social media, with studies suggesting a negative impact on mental health from prolonged use. Surgeon General Vivek Murthy cautioned about social media’s effects last year.
Legislators have recognized the positive aspects of social media platforms for children. In testimonies, teenagers shared how they use online platforms to connect with friends or even establish their own businesses.
Groups advocating for free speech, such as PEN America, denounced the legislation as a breach of the First Amendment and appealed to DeSantis to reject it. Federal courts have consistently overturned comparable restrictions on books, video games, and the internet over the years, even when implemented with the intention of safeguarding children.
Katie Blankenship, the Florida Director of PEN America, emphasized in a statement earlier this month, “The Constitution explicitly prohibits lawmakers from regulating the ideas and information that parents decide to expose their families to. This legislation represents a clear case of government exceeding its bounds.”
Blankenship added, “This bill constitutes an egregious example of government overreach.”
Supporters argue that these laws also limit adult-accessible websites
As more states adopt comparable legislation, legal professionals and advocates representing adult entertainment websites have raised concerns that these laws also restrict adult access. For instance, Pornhub has completely blocked access to its website in states like Texas, Utah, Arkansas, Virginia, Montana, and North Carolina due to laws mandating age verification. The company stated that it had to take this action to mitigate the potential for substantial fines and penalties.
The Free Speech Coalition, a nationwide advocacy group defending First Amendment rights for adult enterprises, initiated legal action last year by filing a lawsuit in federal court in Utah. They challenged what they referred to as an “anti-porn ban.”
Executive Director Alison Boden emphasized, “Our fight is not just for the rights of our members and the broader adult entertainment sector, but for every American’s right to access constitutionally protected expression within their own homes.” Boden highlighted, “Our efforts extend beyond defending our members and the adult entertainment industry; they are about safeguarding the fundamental right of all Americans to access constitutionally protected expression in the comfort of their homes.”
In February, Texas Attorney General Ken Paxton sued Pornhub’s parent company, Aylo, in an effort to force them to comply with HB 1181. The Republican threatened Aylo with millions of dollars in civil penalties
“When announcing the lawsuit, Paxton stated, ‘Texas has a duty to shield its children from the harmful impacts of pornographic material.’ He added, ‘I am eager to ensure that any company violating our age verification regulations, aimed at shielding minors from obscene and harmful content on the internet, is held accountable.'”
