Evidence suggests that social media use may pose a risk to children’s mental health and their social and emotional development. Some states have passed laws to address these concerns. Last year, for example, Florida prohibited children under 14 from using social media platforms, while requiring parental consent for children who are 14 or 15. This law soon sparked litigation, and its future remains uncertain.
Texas now may take the Florida approach a step further. A bill known as HB 186 would completely ban children from using social media. The bill makes these platforms accountable for stopping children from signing up for accounts with them. They’ll need to check that anyone trying to sign up is 18 or older. Social media platforms must delete any personal information collected for the age verification process as soon as it’s done.
In addition, parents and guardians of children will have an opportunity to ask a social media platform to remove a child’s account. The platform must delete the account within 10 days after getting this request. Any violation of these rules would qualify as a deceptive trade practice under the Texas consumer protection law. This means that a social media platform could face a civil penalty of up to $10,000 per violation, among other consequences. The law would apply to access to social media platforms starting next year.
The Texas House of Representatives passed the bill on April 30, and it appears likely to pass the Texas Senate as well. This would send it to the desk of Governor Greg Abbott, who has shown sympathy for its goals. If Abbott signs the bill into law, it probably will face challenges on free speech grounds.
Also last week, Nebraska Governor Jim Pillen signed a bill into law that requires parental consent for children to create a social media account. More broadly, some U.S. Senators have proposed a bill that would require social media platforms to block children under 13 from signing up for accounts, and to delete existing accounts of children under 13. However, this effort hasn’t made much progress so far.
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