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Can Florida’s Social-Media Ban for Minors Work?

A look at likely court challenges, why verifying users’ ages is tricky and the current status of protections for children

March 26, 2024 at 2:01 pm ET

Instagram is one of the social-media platforms that in the past has been questioned over its policies regarding minors. Photo: Indranil Aditya/NurPhoto/ZUMA

Newly signed legislation in Florida prohibits people under 14 years of age from having social-media accounts, regardless of parental consent. It is due to go into effect Jan. 1. 

Here is a look at the law, including whether it is likely to withstand court challenges, why verifying users’ ages is tricky and how minors are currently protected online.

What does the new law require?

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The law requires social-media companies to close accounts believed to be used by minors under that age, cancel accounts of minors 14 or 15 years old at the request of the minor or parents and delete all information from the accounts. Minors who are 14 or 15 years old can obtain a social-media account with parental consent.

Can the new law withstand court challenges?

Other laws seeking to crack down on social-media use haven’t fared well in the courts.

Lawmakers in Arkansas, Ohio and Utah have banned minors from using social-media platforms without parental consent. NetChoice, a trade group whose members include TikTok and

, has sued in all three states and won injunctions in Arkansas and Ohio. In November, a Montana bill banning TikTok in the state was blocked by a federal judge on First Amendment grounds.  

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Earlier this month, Florida Gov. Ron DeSantis vetoed a similar bill that banned minors under 16 from using social media, regardless of parental consent. He previously said he was wary of a policy that would overrule parents and that a superior bill was coming.

Florida House Speaker Paul Renner, a Republican, said he anticipates Florida will be sued over the new law but is confident in its legality.

How can platforms verify users’ ages?

The Florida law requires anonymous age verification through a third party, but it is unclear how that would take place.

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Age verification is a thorny issue for social-media companies and other online operators. Many internet sites and apps say they bar users under 13 to comply with a 1998 federal privacy law, but younger children sign up anyway by using false birth dates to set up accounts. 

Critics say social-media companies should do a better job of enforcement. Social-media companies have said that the makers of operating systems and app stores, primarily

and Google, should be responsible for verifying ages.

Part of the challenge is that most children targeted by these laws don’t have official identification. Many parents aren’t tech-savvy or aware enough to play a role in enforcing age rules for their children. In addition, some in the tech industry, and some parents, have expressed privacy concerns about certain age-verification methods such as facial scans. 

What is the rationale behind the legislation?

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The law, which doesn’t name specific companies, targets social-media platforms that rely on features such as notification alerts and autoplay videos that encourage compulsive viewing. 

This suggests that makers of videogames and other applications with online social features used by young people could potentially get swept up in the law, too, said Darrell West, a senior fellow at the Brookings Institution focused on social media.

Supporters have pointed to recent studies linking social-media use among young adults to a higher risk of depression and mental-health challenges. It can also make them vulnerable to online bullying and predators. 

Last year more than 40 states sued Meta alleging the tech company misled the public about the dangers its platforms pose to young people. Some of those dangers were detailed in The Wall Street Journal’s Facebook Files series in 2021, including an article that showed how Instagram knew its platform was toxic for many teen girls. Meta has said it didn’t design its products to be addictive for teens.

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What is the status quo for keeping minors safe online?

On most sites, children under age 13 are protected by data-collection laws, such as the Children’s Online Privacy Protection Act. But those typically don’t apply to older minors. 

Some social-media platforms have taken steps to restrict content shown to young users. In January, Meta announced new content-filtering measures for teens of all ages. The company says Instagram and Facebook now automatically restrict teens from harmful content including videos and posts about self-harm, graphic violence and eating disorders. Teens 16 and under are also shielded from sexually explicit content. Previously, teens could choose less stringent settings. 

How many minors use social media?

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The biggest social-media platforms have tens of millions of teen users in the U.S. YouTube is the most widely used, according to a Pew Research Center survey in October. Among U.S. teens age 13 to 17, 93% said they used YouTube, 63% used TikTok, 60% used

and 59% used Instagram, the survey showed. Those figures were down from 2022.

There are about 20 million teens age 13 to 17, according to U.S. Census figures. However, it is likely that many millions more under age 13 are using social platforms. 

There are more than 25 million social-media users in the U.S. who are 17 and under, according to market research firm Emarketer.

How are social-media companies responding?

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The companies have pushed back against state and federal legislation through NetChoice. Carl Szabo, NetChoice’s vice president and general counsel, said Monday that the age-verification requirements put Floridians’ privacy at risk. Separately, a TikTok spokesperson said the company has policies in place to protect teens and would continue to work to keep the platform safe. 

A ban could lead to financial problems for platform operators by making it harder for them to build loyal audiences, said Brookings’s West.

“Social media is like smoking. If you hook people early, you’ve got them for a long period of time,” he said. 

A narrower user base could erode ad sales, which social-media companies tend to rely on heavily to generate revenue. “If the ban ends up undercutting their consumer base, it will definitely hurt their bottom line,” West said.

Write to Sarah E. Needleman at Sarah.Needleman@wsj.com and Salvador Rodriguez at salvador.rodriguez@wsj.com

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