Florida officials are asking a federal judge to reject the tech industry's request to block a law that would prohibit social media platforms with “addictive features” from allowing anyone under 14 to create or maintain accounts, and require those platforms to obtain parental consent before allowing 14- or 15-year-olds to create or maintain accounts.
“Many social media platforms are dangerous for children because they are designed to attract as many eyeballs as possible for as long as possible,” Florida Attorney General Ashley Moody argues in papers filed this week with U.S. District Court Judge Mark Walker in Tallahassee.
The law (House Bill 3), which was passed last year and had been slated to take effect January 1, only applies to social platforms with certain engagement metrics, and with supposedly “addictive” characteristics.
Specifically, the measure applies to a platform if at least 10% of users under 16 spend at least two hours per day on average at that platform. Also, the law only covers platforms that employ an allegedly addictive quality -- such as displaying “like” counts, or automatically playing videos.
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The tech groups NetChoice and the Computer & Communications Industry Association sued to strike down the statute, arguing that it violates the First Amendment in several ways -- including by preventing minors from accessing lawful speech. The organizations currently are seeking a preliminary injunction blocking enforcement.
Florida's Moody agreed late last year to hold off on enforcing the law until the judge rules on the request for an injunction.
This week, Moody urged Walker to reject the groups' request to block the law, arguing that it merely limits platforms' ability to enter into “contracts” with minors; those contracts involve offering accounts to minors in exchange for their acceptance of the terms of service, according to Moody.
“A covered platform may provide access to children; it just may not require them to become 'account holders,'” Moody argues. “Nothing in HB3 prevents a covered platform from granting access to children who are not account holders.”
The attorney general adds: “Platforms may prefer requiring users to have accounts as a condition of access so that they can collect user data and maximize revenue. But that preferred business model is not constitutionally protected.”
Moody also argues that tech platforms can also continue to allow minors to hold accounts if the platforms refrain from using “addictive features.”
NetChoice and the Computer & Communications Industry Association are expected to respond to Moody's argument by February 14, and Walker has scheduled a hearing in the matter for February 28.
Other states including New York, Maryland, Arkansas, Mississippi, Ohio, Utah, Texas and California have passed statutes that either restrict teens' use of social media, or regulate companies' ability to serve content to teens. Many of those laws have faced court challenges, and so far judges have blocked all or parts of some measures in Arkansas, Mississippi, Ohio, Utah, Texas and California.