Florida‘s Governor, Ron DeSantis, enacted a measure on Monday that bars individuals under the age of 14 from accessing social networking platforms within the state.
The report indicates that individuals in the 14 to 15 age bracket will necessitate parental approval before they can become members of any social networking site.
The legislation known as HB3 also instructs social media enterprises to eradicate the current accounts held by individuals below the age of 14.
The bill specifies that companies failing to adhere to these regulations may face legal action on behalf of the minors creating accounts, with potential damages of up to $10,000.
Additionally, companies found to be in breach of the law could face fines of up to $50,000 per violation, along with the responsibility for covering attorney’s fees and court expenses.
“Ultimately, [we’re] trying to help parents navigate this very difficult terrain that we have now with raising kids, and so I appreciate the work that’s been put in,” DeSantis said in remarks during the bill-signing ceremony.
Before this, DeSantis vetoed a harsher rendition of the legislation, which sought to forbid social media access for minors under 16 and necessitated Florida residents to furnish identification or similar identifying documents when signing up for social networking services.
HB3, scheduled to be implemented in January 2025, arrives amidst a growing trend of heightened regulation of social media platforms throughout the United States, reflecting parental apprehensions about insufficient online safety measures for children.
In December, over 200 entities penned a letter imploring Senate Majority Leader Chuck Schumer, a Democrat from New York, to prioritize a vote on the Kids Online Safety Act (KOSA). This legislation aims to establish accountability, or a “duty of care,” for applications and digital platforms that suggest content to minors, potentially impacting their mental well-being.
At the beginning of January, legislators scrutinized CEOs from TikTok, X, and Meta regarding online child safety. The tech leaders reaffirmed their firm commitment to safeguarding minors and cited a range of tools they offer as evidence of their proactive approach to preventing online exploitation.
Advocates of the new law, including Florida House Speaker Paul Renner, argue that children’s mental health can be negatively impacted by social media use and that it can provide a platform for communication with sexual predators.
“None of us can afford to be on the sidelines when it comes to social media,” Renner said in remarks made at the bill signing.
Several states that have enacted similar laws to limit teen social media — including Ohio and Arkansas — have been challenged by NetChoice LLC, a coalition of social media platforms whose members include Meta, Google and X, among others.
Florida’s law is also expected to face legal challenges over claims that it violates the First Amendment.
“We’re disappointed to see Gov. DeSantis sign onto this route,” Carl Szabo, vice president and general counsel for NetChoice, said in an email statement, calling the law “unconstitutional.”
“There are better ways to keep Floridians, their families and their data safe and secure online without violating their freedoms.”
Both DeSantis and Renner alluded in their remarks to the potential legal hurdles ahead.
“You will not find a line in this bill that addresses good speech or bad speech because that would violate the First Amendment,” Renner said.
“We’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.”
He specifically called out NetChoice, saying, “We’re going to beat them, and we’re never ever going to stop.”
DeSantis asserted that the bill possessed constitutional validity. He stated that whenever he encounters a bill, if he deems it unconstitutional, he vetoes it. He characterized the bill as “an equitable implementation of the law and Constitution.”