Children under 14 in Florida are no longer allowed to use social media after a new law went into effect on Wednesday. It will require social media sites to delete existing accounts for those under 14 years of age within 90 days, or the platforms could face fines of up to $50,000 for each violation.
The Sunshine State does allow minors aged 14 and 15 to still use social media, but only with parental consent.
House Bill 3, the “Online Protections for Minors,” had received overwhelming, bi-partisan support from state legislators, and Florida Republican Governor Ron DeSantis signed the bill into law last year. However, the state’s Attorney General Ashley Moody has said she will delay enforcing the law until late February, pending a judge’s ruling on a motion for a preliminary injunction.
Depending on how the court rules, social media companies could face significant challenges in abiding by the law.
“It’s very possible they will be enforced, though there will be several interesting variables to watch as the process unfolds,” said Dr. Cliff Lampe, professor of information and associate dean of academic affairs at the University of Michigan.
It is unclear how many minors in Florida are now on the various social media apps, and as a result, there may be no easy solution to ensure compliance.
“In terms of enforcement, the easiest thing to do is to put pressure on the Apple and Android platforms to ‘de-platform’ the application, and then combine that with IP blocks so that enforcement becomes almost automatic,” suggested Lampe. “Socially, it will be interesting to see how people who actively use TikTok adapt, and if they raise a protest over their restricted options.”
Florida Ban—Does It Go Too Far?
Supporters of the ban have said it is necessary to protect children online, but opponents have countered that a complete ban goes too far. However, any middle ground has not been found.
“We all want to protect our children, keep them safe, and avoid harassment, bullying, and the other darkness that permeates social media these days. But, is banning minors from social media platforms realistic,” pondered technology analyst Susan Schreiner of C4 Trends. “Until now, safety has fallen on the parents of children—but in an online world, what’s the shared responsibility of the platforms, or do they not care?”
Can we realistically expect social media platforms to act responsibly, and not hide behind their repeated stance of “free speech?” So far at least, the tech companies haven’t done enough to protect kids online. Lawmakers have clearly taken the view that more needs to be done, and if the platforms won’t act, it will be necessary to use legislation to keep the companies in line.
“Just consider the recent defeat of the Kids Online Safety Act in the U.S. which had broad bi-partisan support,” said Schreiner. “In the past, it was relatively easy to enforce a ban on cigarettes for minors. It was relatively straightforward since it involved transferring something physical.”
The same isn’t true with social media—which exists in a digital environment.
Yet, even after the Florida law went into effect on Wednesday—which now bans children under 14 from having social media accounts and limits 14 and 15-year-olds to accounts authorized by their parents—social media companies may not immediately kick those kids off their platforms.
The companies will still likely have their day in court.
“Furthermore, the Florida Attorney General agreed in November not to enforce the law while litigation is ongoing,” Schreiner explained. “In October, parties filed a lawsuit against the Florida law saying that some states have ‘taken it upon themselves to restrict minors’ access to constitutionally protected speech.'”
If the ban is upheld, it could lead to other states following suit, and it could finally change the way social media operates in the future. This also comes as a nationwide ban on TikTok is still looming.
“The U.S. has not banned a very popular application before, though there is a history of shutting down individual smaller sites for a variety of reasons,” added Lampe. “Typically, people have adapted pretty quickly to those instances. If the concern is national security, it seems there are more effective solutions than total blocks—but people often look for the largest visibility in a solution.”
