INTRODUCTION
Amid the pervasive nature of social media, the state of Florida has passed new legislation restricting access to social media. This legislation aims to restrict minors from having a social media account. This step has been taken to address the record-high rates of depression and anxiety noticed, particularly among young people.[1] Earlier, a similar kind of bill was proposed, which restricted minors from having social media accounts. The bill, called HB1, was vetoed by the governor, DeSantis, who had reservations about its legality.[2] Let us now delve deeper into the law and its legal framework, its implications for social media companies, and the minors and their parents.
LEGAL FRAMEWORK
This new social media law comes into effect on January 1, 2025. [3] This law will restrict minors under the age of 14 from having a social media account, and minors between 14 and 15 will have a social media account with the consent of their parents. Social media companies are required to remove accounts that are believed to be used by minors under 14 and those operated by those of age between 14 and 15 without parents’ consent. No particular social media platform is named in this legislation. It is directed towards those social media platforms that promote compulsive viewing.[4] This law will mandate that social media companies verify the age of their users; for this, they can use third-party verification systems as well. If they act in contravention of this, the State Department of Legal Affairs can impose a fine of up to $50,000 per violation.[5] Parents or caregivers can also bring a lawsuit against the social media platform.
AGREEMENT OR DISAGREEMENT OVER THE LAW
It is worth considering whether the parents and minors under 14 are in support of this bill or not. This law has the backing of both lawmakers and consumers.[6] Among US adults, approximately 50% would support the law prohibiting minors from accessing social media accounts. Across the party lines, it reveals bipartisanship, with 57% of Republicans and 7% of Democrats supporting the bill.[7]
ADDRESSING LEGAL COMPLEXITIES
Florida has introduced one of the most stringent social media laws. Because of its strict nature, it is expected to face legal challenges in carrying it out. Similar laws were enacted in other states, such as Arkansas, Louisiana, Ohio, and Texas. Social media alliances like Netchoice LLC, whose members include Meta and Google, have challenged similar laws in other states.[8]
FIRST AMENDMENT VERSUS LAW
The First Amendment to the US Constitution protects freedom of speech and expression. Some argue that this law is in contravention of the First Amendment, as this amendment prohibits the government from imposing such measures on young people. Brown v. Entertainment Merchants Association[9] is one of the important cases that restrict the government’s power to limit minors’ right to access to speech. In the wake of the First Amendment, the law must pass the constitutionality test. There is a high possibility that the law will be criticized by human rights organizations and social media platforms.
ETHICAL CONSIDERATIONS
Privacy and Autonomy: Parents cannot be too authoritative, while on the same note, the children cannot be too independent to the extent that they are beyond their control. To be able to protect children from such dangers as internet crime, sexual predators, vulgar content, and bullying, the kids need to be monitored by parents. Granting kids’ growing independence and privacy is equally important, if not more so, especially when they are in their teenage years. Obtaining parents’ informed consent ensures that the decisions are made responsibly; however, to honor the children’s and adolescents’ self-determination, this process has to be participatory. Thus, while letting them grow up and wander freely through the Internet independently, parents have to explain to their children the consequences of such actions.
Digital Literacy and Education: Thus, it is necessary to teach minors about the use of social media. Parents and schools should teach children the functions of thinking abilities, privacy options, and the moral use of social media. In turn, the enhancement of minors’ digital competence enables the learners to distinguish between trusted and fake news, effectively navigate the internet, and understand the consequences of an online footprint.
LIABILITY FOR AI DECISIONS
Another challenge posed by this new law is who will be liable for decisions made by AI on social media platforms. If an AI fails or errs to enforce the age verification that is required according to the law, who will be liable for that? This law squarely puts the onus on the social media platforms for this. However, to ensure that the kids’ personal information is not exploited or used in the wrong way, more precautions need to be taken by social media companies for the collected data from the kids. There is always a need for data security policies because AI ensures multiple data protections to check activities and ages. These should have robust measures in place that include access controls, encryption, and anonymization to avert unauthorized entry and data leakage. New and rather major challenges regarding the responsibility of AI and data protection are introduced with this new law. On such issues, social media companies should ensure that their AI algorithms are well-developed and agreeable and that they have instituted smooth data security measures to protect kids’ private data. To mitigate these problems and protect the rights and safety of young people on social media, the efficiency of legislation and control needs to be advocated.
CONCLUSION
Florida’s new law is a groundbreaking step in the regulation of the use of social media accounts by minors. It showcases a shift towards greater protection of minors’ health adversely affected by social media. Other states have also introduced such measures, but Florida’s law is one of the most stringent of these. Because of its stringent nature, it gives rise to legal, ethical, and enforcement challenges. As we are moving towards a digital era, a balance between regulation and freedom is what governments should try to achieve for the overall interest of society. Monitoring the impact and efficacy of this law is important to ensure that the digital space continues to thrive and fosters youth development.
Author(s) Name: Mahak Yadav (National Law Institute University, Bhopal)
References:
[1] Langreo L, “Female and LGBTQ+ Teens Report Record-High Levels of Mental Health Challenges, CDC Finds” Education Week (February 14, 2023) <https://www.edweek.org/leadership/female-and-lgbtq-teens-report-record-high-levels-of-mental-health-challenges-cdc-finds/2023/02> accessed 9 June 2024.
[2] “State Social Media Law Patchwork Emerging: Florida Passes Law to Restrict Minors’ Use of Online Services” (Wilson Sonsini Goodrich & Rosati Professional Corporation Home Page – Palo Alto, Silicon Valley, San Francisco, New York, Seattle, San Diego, Washington, D.C., Shanghai, Hong Kong, Brussels – State Social Media Law Patchwork Emerging: Florida Passes Law to Restrict Minors’ Use of Online Services) <https://www.wsgr.com/en/insights/state-social-media-law-patchwork-emerging-florida-passes-law-to-restrict-minors-use-of-online-services.html> accessed 8 June 2024.
[3] “Florida Passes Law Banning Social Media for Minors Under 14” Mint (March 25, 2024) <https://www.livemint.com/news/florida-passes-law-banning-social-media-for-minors-under-14-11711422330535.html> accessed 8 June 2024.
[4] ibid.
[5] Cailey Gleeson, “DeSantis Approves Social Media Ban For Kids Under 14 In Florida: What To Know” Forbes (March 26, 2024) <https://www.forbes.com/sites/caileygleeson/2024/03/25/desantis-approves-social-media-ban-for-kids-under-14-in-florida-what-to-know/> accessed 9 June 2024.
[6] Proulx M, “Florida’s New Law Restricting Social Media Use Will Be Tough To Enforce” (Forrester, March 28, 2024) <https://www.forrester.com/blogs/floridas-new-law-restricting-social-media-use-will-be-tough-to-enforce/> accessed 9 June 2024.
[7] ibid.
[8]Rosenblatt K, “Florida Gov. Ron DeSantis Signs Bill That Bans Children under 14 from Having Social Media Accounts” NBC News (March 25, 2024) <http://www.nbcnews.com/tech/florida-ron-desantis-signs-bill-social-media-kids-ban-rcna144950> accessed July 3, 2024.
[9] “EDMUND G. BROWN, JR., GOVERNOR OF CALIFORNIA, et al., PETITIONERS v. ENTERTAINMENT MERCHANTS ASSOCIATION, et Al.” (The Foundation for Individual Rights and Expression) <https://www.thefire.org/supreme-court/edmund-g-brown-jr-governor-california-et-al-petitioners-v-entertainment-merchants/opinions> accessed 9 June 2024.
