Romulo Avelica Gonzalez

US state bans children under 14 from having social media accounts

Florida State Governor, Ron DeSantis signed a bill on Monday that will prohibit children younger than 14 from joining social media in the state, reports NBC News.

According to the report, those who are 14 or 15 will need a parentโ€™s consent before they join a platform.

The bill, HB3, also directs social media companies to delete the existing accounts of those who are under 14.ย 

Companies that fail to do so could be sued on behalf of the child who creates an account on the platform. The minor could be awarded up to $10,000 in damages, according to the bill.ย 

Companies found to be in violation of the law would also be liable for up to $50,000 per violation, as well as attorneyโ€™s fees and court costs.

โ€œUltimately, [weโ€™re] trying to help parents navigate this very difficult terrain that we have now with raising kids, and so I appreciate the work thatโ€™s been put in,โ€ DeSantisย said in remarksย during the bill-signing ceremony.

DeSantis previouslyย vetoedย a more restrictive version of the bill that would have banned social media accounts for kids under 16. That bill also required Florida residents to submit an ID or other identifying materials in order to join social media.

HB3, which is slated to take effect in January 2025, comes asย efforts to regulate social media continue to ramp upย across the U.S. amid concerns from some parents that the platforms donโ€™t do enough to keep their kids safe online.

In December,ย more than 200 organisations sent a letterย urging Senate Majority Leader Chuck Schumer, D-N.Y., to schedule a vote on the Kids Online Safety Act, or KOSA, which seeks to create liability, or a โ€œduty of care,โ€ for apps and online platforms that recommend content to minors that can negatively affect their mental health.

In January,ย lawmakers grilled CEOsย from TikTok, X and Meta about online child safety. The tech executives reaffirmed their commitment to child safety, and pointed to various tools they offer as examples of how they are proactive about preventing exploitation online.

Florida House Speaker Paul Renner and other advocates of the new law argue that social media use can harm childrenโ€™s mental health and can lead to sexual predators communicating with minors.

โ€œNone of us can afford to be on the sidelines when it comes to social media,โ€ Renner said in remarks made at the bill signing.

Several states that have enacted similar laws to limit teen social media โ€” includingย Ohioย andย Arkansasย โ€” have been challenged byย NetChoice LLC, a coalition of social media platforms whose members include Meta, Google and X, among others.

Floridaโ€™s law is also expected to face legal challenges over claims that it violates the First Amendment.

โ€œWeโ€™re disappointed to see Gov. DeSantis sign onto this route,โ€ Carl Szabo, vice president and general counsel for NetChoice, said in an email statement, calling the law โ€œunconstitutional.โ€ย 

โ€œThere are better ways to keep Floridians, their families and their data safe and secure online without violating their freedoms.โ€

Both DeSantis and Renner alluded in their remarks to the potential legal hurdles ahead.

โ€œYou will not find a line in this bill that addresses good speech or bad speech because that would violate the First Amendment,โ€ Renner said.ย 

โ€œWeโ€™ve not addressed that at all. What we have addressed is the addictive features that are at the heart of why children stay on these platforms for hours and hours on end.โ€

He specifically called out NetChoice, saying, โ€œWeโ€™re going to beat them, and weโ€™re never ever going to stop.โ€

DeSantis argued the bill is constitutionally sound.

โ€œAny time I see a bill, if I donโ€™t think itโ€™s constitutional, I veto it,โ€ he said. He described the bill as โ€œa fair application of the law and Constitution.โ€