Florida’s new law prohibiting minors from using social media is already facing backlash. According to supporters, it’s a significant step towards safeguarding children, but detractors see it as a potential threat to free speech and privacy.
As technology advances, government entities are starting to regulate certain social media platforms. Florida passed HB3 to protect children’s mental health and shield them from harmful content. However, some critics argue this could lead to government overreach.
“These platforms capitalize on addiction, affecting not just kids but adults too, to maximize online engagement,” says Florida House Speaker Paul Renner. Other states and the nation are now paying attention to Florida’s approach.
According to a Gallup poll, teenagers spend between four to six hours daily on social media, favoring sites like YouTube and TikTok.
House Speaker Paul Renner highlights the risks, “We cannot allow our children on these platforms where sexual predators are increasingly present.”
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Renner played a key role in revising the law that now bars Florida kids under 14 from using social media sites, particularly those with features that promote continuous engagement. However, 14 and 15-year-olds can still use these platforms with parental consent.
Governor Ron DeSantis warns, “Predators can infiltrate our homes through these platforms, despite our best efforts to protect our children.”
When the law takes effect on January 1, new online safeguards will be implemented, including age verification tools and tracking software to monitor minors’ usage. Non-compliant companies could face fines of up to $50,000 per incident.
“The attorney general is equipped to conduct stings to enforce compliance,” adds Renner. “Severe penalties are in place for those who fail to follow the new guidelines.”
Thanks to advocacy groups like the one led by Patti Sullivan, Florida’s Parental Bill of Rights was passed in 2022, paving the way for these online protections, now known as HB3.
“We’ve passed the law; now it’s up to parents to take a stand for their children,” states Patti Sullivan, a parental rights advocate.
Even before research proved social media’s addictive nature – Patti set an example at home by limiting her daughter Abbagael’s online activity.
“I was able to speak in some of those committees with the Parents Bill of Rights in those bills and champion that issue, making sure that the legislators heard from somebody younger,” said the younger Sullivan. “But who knew that parental rights were important because, you know, one day I might be a parent myself and I want those rights to be protected.”
HB3 is designed to shield children from social media and regulate access to adult content. Under this law, anyone over 18 will need to show identification to access pornography. While it gives parents some control, several organizations argue it curtails First Amendment rights and compromises online privacy.
Major groups like the ACLU have criticized HB3 as “blatant government censorship.” PEN America expressed concerns with CBN News that the age verification requirements are confusing and infringe on all Floridians’ privacy rights.
“They will likely sue soon and bring us into federal court, suggesting someone we violated their First Amendment,” said Renner. “As a lawyer, I don’t think we touched the First Amendment – on addictive technology. And technology is not protected in the First Amendment.”
While Speaker Renner expects a lawsuit, he maintains the law is constitutionally sound, and simply requires everyone to do their part to protect children online.
As January 1st approaches, the state will have to navigate a fine line of keeping young Floridians safe online without government overreach. A positive result could serve as a blueprint for other states seeking to strike that delicate balance between protecting children and preserving freedom.