Gov. Ron DeSantis’ decision to sign legislation that bans children under 14 years old from social media platforms – and puts in place new online restrictions on 14- to 15-year-olds – may spark litigation over the new law, critics say.
DeSantis signed House Bill 3, which was drawn up by the House Judiciary Committee, into law on March 25. The new law prohibits minors under 14 from becoming account holders on social media platforms such as Facebook and X, formerly Twitter, and calls for the termination of such accounts that Florida minors now have.
The law would bar 14- and 15-year-olds from becoming social media account holders without parental consent, as well as terminate accounts controlled by the age group unless parents give their consent, according to an analysis of the bill by the state Legislature.
Carl Szabo, president and general counsel of NetChoice, a tech company professional association, expressed disappointment about the new Florida law. NetChoice has also said in public statements that HB 3 will require any Floridian who wants to go online to obtain an “I.D. for the Internet” no matter their age, since age verification essentially means identity verification for all users.
“There are better ways to keep Floridians, their families and their data safe and secure online without violating their freedoms,” Szabo said in a statement emailed to the Florida Record. “HB 3 forces Floridians to hand over sensitive personal information to websites or lose their access to critical information channels. This infringes on Floridians’ First Amendment rights to share and access speech online.”
HB 3 provides a dual enforcement mechanism. The Florida Department of Legal Affairs is empowered to pursue violations by social media platforms under the state Deceptive and Unfair Trade Practice Act in cases involving underage users. But the measure also allows private lawsuits to be filed by individuals against social media companies or other commercial entities.
The bill calls on social media companies to use “either an anonymous method performed by a third party” or another standard method to verify the age of users under the provisions of the measure.
Experts have linked increasing social media exposure to higher depression risks, anxiety and stress among teens, according to the legislative analysis of the bill, which indicates that minors who go online are regularly exposed to pornography.
“The internet has become a dark alley for our children where predators target them and dangerous social media leads to higher rates of depression, self-harm and even suicide,” House Speaker Paul Renner (R-Palm Coast) said in a prepared statement. “I am proud of the work of all our bill sponsors, Reps. Tyler Sirois, Fiona McFarland, Michele Rayner, Chase Tramont and Toby Overdorf, for delivering a legislative framework that prioritizes keeping our children safe.”
Another group representing tech companies, the Computer & Communications Industry Association (CCIA), also expressed concerns that the new law would force users to rely on commercially available age-verification methods employed by platforms, leading to privacy and security risks while also infringing on First Amendment protections of platform users.
“This law could create substantial obstacles for young people seeking access to online information, a right afforded to all Americans regardless of age,” the CCIA’s state policy director, Khara Boender, said in a prepared statement. “It’s foreseeable that this legislation may face legal opposition similar to challenges seen in other states.”