Louisiana is the latest state to require persons under 18 years old to have their parents’ permission to create an online account.
Over the past year, legislators across the country have been increasingly concerned about the effects of social media on the mental health of children, encouraging a wave of proposed online safety laws for minors.
The Louisiana Legislature unanimously passed HB61, a bill that would restrict unlimited use of social media, online games, and other digital activities for minors.
This comes one month after U.S. Surgeon General Vivek Murthy issued a warning about the potential risks of social media on young people and urged lawmakers and tech companies to improve content standards for minors.
Arkansas, Mississippi, Montana, Utah, and Virginia have passed similar age verification laws for sexually explicit websites.
If signed into law by Louisiana Gov. John Bel Edwards, HB61 would take effect in August 2024.
Protection of Children Online Draws Bipartisan Support
Parents or guardians in the state will also have the right to cancel their child’s existing accounts on platforms such as Instagram, TikTok, and YouTube.
State legislator Laurie Schlegel, a Republican and the bill’s sponsor, said she based the act on an existing law that prohibits those under 18 from entering into contracts with brick-and-mortar businesses.
The Louisiana civil code allows parents to rescind contracts signed by unemancipated minors.
“It clearly states that any contract involving an unemancipated minor entered into online without parental consent is relatively null,” Schlegel told The Wall Street Journal.
Other states like Utah and Arkansas have already passed similar laws requiring that new users must be least 18 years old or have parental consent to sign up for a social media account.
The Utah legislation was signed into law in March and is expected to take effect in nine months, while the Arkansas bill will take effect in September.
Utah will also give parents full access to their child’s online accounts.
Even liberal-leaning states such as California are working on new regulations aimed at protecting minors from the negative effects of online activity.
Meanwhile, a bipartisan group of lawmakers in Congress is already discussing proposals for new federal legislation to help protect children using the internet.
Sen. Richard Blumenthal (D-Conn.) and Sen. Marsha Blackburn (R-Tenn.) of the Senate Judiciary Committee have introduced the Kids Online Safety Act.
President Joe Biden has expressed his support for online protections for children and promised to sign a bill into law.
Critics Say Legislation Violates First Amendment
Although the protection of minors online has broad support, many tech companies and civil liberties groups warn that such bills may limit some of the positive effects that social media has for young people.
They claim that marginalized children often turn to social media for help and that tech platforms would have to collect more sensitive data from users to ensure age compliance.
Most social media companies already have policies prohibiting children under 13 from using their platforms and include strong ad-tracking blockers and content restrictions for users under 18 years of age.
The Louisiana bill does not specifically require online platforms or apps to verify the ages of users in the state and there are no specific penalties for companies that fail to comply with age standards.
NetChoice, an industry group representing internet platforms including Amazon, Google, Meta, and TikTok, opposed the Louisiana bill and said it hopes that Edwards will veto it.
“It will decimate anonymous browsing and gaming—requiring citizens to hand over data to prove their identity and age just to use an online service,” said Carl Szabo, NetChoice vice president and general counsel, in a statement to CNBC. “Anonymity can be important for individuals using social media services for things like whistleblowers, victims, and those identifying crime in the neighborhood who fear backlash.”
Szabo claims that the Louisiana bill is in violation of the First Amendment.
“What’s worse is that it fails to really address the underlying issues. Instead, policymakers could actually help teens and parents by following the educational approaches of Virginia and Florida,” he added.
NetChoice filed a lawsuit against California in December, claiming that the state’s Age-Appropriate Design Code Act violated freedom of expression.
“By abandoning the First Amendment and forcing all websites to track and store information on both children and adults, California risks closing the internet and putting the digital safety of all Americans, and especially children, in jeopardy,” Szabo said in a statement at the time.
