• by Wendy Davis  @wendyndavis, September 17, 2024

The House of Representatives has scheduled a Wednesday markup of the controversial Kids Online Safety Act, which would regulate how social media platforms display material to minors under 17.

The proposed law aims to tackle potential harms associated with social media use, such as depression, eating disorders, sexual abuse, self-harm and online bullying. The bill would require large tech platforms to use “reasonable care” to avoid harming minors via design features such as notifications, automatic playing of videos, personalized recommendations and appearance-altering filters.

The measure also would establish a Kids Online Safety Council that would provide advice on implementation.

The Senate passed a version of the statute in July by a vote of 91-3.

The House Energy and Commerce Committee had originally scheduled a markup of the measure for June, but abruptly cancelled the hearing at the last minute.

Some youth advocates support the proposed law, contending it will force tech platforms to protect teens from content that could encourage drug use, self-harm or suicide.

But the bill has drawn opposition from civil liberties groups, who say it's unconstitutional to restrict publishers' ability to recommend content.

Some left-leaning opponents have specifically argued that the measure would allow government officials to target platforms that allow teens to access LGBTQ content, on the theory that such material is harmful.

Additionally, some conservatives have expressed fears that the bill will encourage platforms to aggressively filter any controversial speech, including posts that carry right-wing messages.

For instance, the anti-abortion group Students for Life Action tweeted recently that the bill threatens “pro-life free speech.”

“Already the Pro-Life Generation faces discrimination, de-platforming, and short-and-long term bans from social media based on the whims of others,” the group posted to X (formerly Twitter). “Students for Life Action calls for a NO vote on KOSA to prevent viewpoint discrimination from becoming federal policy at the FTC.”

The right-wing Heritage Foundation -- the group behind Project 2025 -- reportedly is attempting to address that concern by arguing to lawmakers that the bill could actually result in the promotion of anti-abortion messages.

The organization said in its “policy analysis” that a Republican administration could staff the Kids Online Safety Council “with representatives who share pro-life values.”

Opponents of the bill are now pointing to that report, arguing it supports their contention that the bill could result in politically motivated censorship. 

For instance, on Tuesday the digital rights group Electronic Frontier Foundation cited the Heritage Foundation analysis in a blog post arguing that the bill could be weaponized by anti-abortion officials.

The proposed law “is ambiguous enough to allow officials to easily argue that its mandate includes sexual and reproductive healthcare information,” the group writes, adding that officials could “claim that abortion information causes emotional disturbance or death, or could lead to 'sexual exploitation and abuse.'”

The tech industry-funded think tank Chamber of Progress separately called attention to the Heritage Foundation report in a letter to Rep. Frank Pallone (D-New Jersey), ranking member of the Energy and Commerce Committee.

“Heritage Foundation is effectively telling congressional Republicans that if President Trump is elected, he could use this Council as a means of further combating reproductive freedom,” Chamber of Progress CEO Adam Kovacevich wrote.