Bill Description: House Bill 542 (H542) would impose regulations on social media platforms for accounts held by children and prohibit certain features for those accounts.
Rating: -1
Does it give government any new, additional, or expanded power to prohibit, restrict, or regulate activities in the free market? Conversely, does it eliminate or reduce government intervention in the market?
H542 would require certain social media companies to determine the age of an account holder. If it is determined that the account holder is under the age of 16, the social media company shall be required to
- Obtain verifiable parental consent and terminate the account if said consent is not obtained;
- Set all privacy settings for the child’s account by default at the most private levels;
- Make available to the parent the ability to:
- Monitor the amount of time the child spends using the covered social media platform;
- Set daily and weekly time limits on the use of the covered social media platform;
- Set limits on the times of day when the covered social media platform can be accessed by the child.
Furthermore, the social media platform shall be prohibited from:
- Presenting addictive interface features in the display or feed of any child.
- Presenting profile-based paid commercial advertising in the display or feed of any child.
Together, these regulations amount to significant government interference in the market.
(-1)
Does it violate the principle of equal protection under the law? Examples include laws that discriminate or differentiate based on age, gender, or religion or which apply laws, regulations, rules, or penalties differently based on such characteristics. Conversely, does it restore or protect the principle of equal protection under the law?
The provisions of H542 selectively apply to social media companies that have generated at least $1 billion in advertising revenue worldwide. In effect, this would put established social media companies at a competitive disadvantage with growing platforms, like Discord. If the intended goal of the legislation is to mitigate the harmful effects of social media on children, then its provisions should apply broadly to both established and emerging platforms.
(-1)
Does it promote the breakdown of the traditional family or the deconstruction of societal norms? Examples include promoting or incentivizing degeneracy, violating parental rights, and compromising the innocence of children. Conversely, does it protect or uphold the structure, tenets, and traditional values of Western society?
In recent years, a scholarly consensus has arisen demonstrating the adverse effects of social media on children. A 2024 Pew Research Survey suggests that 95% of US teens use some form of social media. The near ubiquitous use of social media can be directly linked to the troubling growth in suicide, self-harm, substance use glorification, and mental health disorders, such as gender dysphoria, among children and teens. H542 helps protect childhood innocence from these harmful influences by requiring social media companies to ensure children are not accessing their platform without parental consent and prohibiting addictive features and certain advertising from displaying on their feeds. Moreover, the bill provides parents with a private cause of action if a social media company fails to obtain parental consent on behalf of a child, including damages for any “harm to mental health and emotional distress.”
(+1)
