FLORIDA – Florida’s Legislature has passed a sweeping social media bill that would make the state the first to effectively bar young people under the age of 16 from holding accounts on platforms like TikTok and Instagram.
The measure – which Governor Ron DeSantis said he would “be wrestling with” over the weekend and had not yet signed – could potentially upend the lives of millions of young people in Florida.
It would also probably face constitutional challenges. Federal courts have blocked less-restrictive youth social media laws enacted in 2023 by Arkansas and Ohio. Judges in those cases said the new statutes most likely impinged on social media companies’ free speech rights to distribute information as well as young people’s rights to have access to it.
The new rules in Florida, passed on Feb 22, would require social networks to both prevent people under the age of 16 from signing up for accounts, and terminate accounts that a platform knew or believed belonged to underage users. It would apply to apps and sites with certain features, most likely including Facebook, Instagram, Snapchat, TikTok and YouTube.
In 2023, Utah, Arkansas, Texas and Ohio enacted laws that would require social media platforms to get permission from a parent before giving an account to a minor under the age of 18 or 16.
Florida’s effort would go much further, amounting to a comprehensive ban for young people on some of the most popular social media apps. It would also bar the platforms from showing harmful material to minors, including “patently offensive” sexual conduct.
On Feb 23, Mr DeSantis said that he thought social media was “a net negative” for young people but that, with parental supervision, it could have beneficial effects.
“You’ve got to strike that proper balance when you are looking at these things between policy that is helping parents get to where they want to go versus policy that may be outright overruling parents,” he said.
Civil liberties groups and tech industry trade organizations have objected to new state social media restrictions, saying the measures could severely curtail young people’s access to important information and communities – and alter how they communicate with friends and family.
The Florida measure is the most extreme example so far of a growing national trend. Many parents, pediatricians and politicians are worried about the potential mental health and safety risks to young people of prolonged social media use. NYTIMES
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