Tallahassee, FL – Florida is set to enforce a groundbreaking law beginning January 1 that aims to safeguard minors from the potential hazards of social media and online pornography, despite looming First Amendment challenges and industry pushback. Attorney General Ashley Moody unveiled three proposed rules Tuesday that detail the enforcement mechanisms, particularly focusing on age verification measures.
House Speaker Paul Renner, R-Palm Coast, championed the legislation during the recent legislative session, emphasizing the psychological and social dangers he believes social media poses to children. However, technology industry groups have protested, arguing the law infringes on free speech rights and could set a precedent for unconstitutional internet regulation.
Specifically, the law prohibits children under 16 from creating social media accounts without parental consent and outright bans users under 14 from opening accounts. It also implements stringent age checks to restrict minors’ access to adult content online.
The responsibility of enforcing these age restrictions falls heavily on social media platforms, which now must verify the ages of their users. Under the proposed rules, platforms that fail to adequately verify ages will be accused of “knowing or reckless violations,” opening the door to lawsuits both from the state and potentially from minors represented through guardians.
One pivotal rule articulates that social media platforms exhibit “willful disregard” if they ignore readily accessible evidence that might suggest a user is a child. This includes failing to act when having actual knowledge of a user’s minor status after an initial age verification.
Furthermore, the rules address how platforms should handle parental consent for 14- and 15-year-olds. They require “reasonable parental verification,” defined as any method substantially ensuring verification of a parent’s identity and relationship to the child. This could involve standard identity verification processes used by private and governmental entities.
While the law does not specify which platforms are affected, it describes covered platforms as those leveraging algorithms for content delivery and featuring addictive elements that facilitate user interaction.
Renner and other proponents argue that the law addresses critical social issues, such as the mental health impact of addictive social media use and the risks of exposure to online predators. Critics, including Carl Szabo, vice president and general counsel of the tech group NetChoice, label the law’s age-verification mandates as overly intrusive and unconstitutional, potentially limiting user anonymity essential for protecting privacy on the internet.
Szabo’s objections, alongside others from the tech industry, highlight the broad constitutional questions raised by the law, which have previously seen similar legislation blocked in other states.
The introduction of these rules in the Florida Administrative Register signals the nearing of their finalization, pending a possible public hearing. This regulatory step is typical for translating statutory requirements into actionable policies.
As Florida moves forward with implementing these regulations, the discussions and debates they trigger are likely to shape not only future state policies but also national conversations on the balance between protecting children online and safeguarding internet freedoms.