
A South Carolina business group is
urging a federal judge to uphold a new state law requiring that online services likely to be accessed by minors use "reasonable care" to prevent "compulsive usage" and other potential harms.
In a friend-of-the-court brief filed Thursday, the South Carolina Small Business Chamber of Commerce calls the law "a much-needed and healthy stimulus that promotes a robust young
workforce for South Carolina small businesses."
The group argues that small businesses are having difficulty hiring and managing young employees due, at least in part, to their
use of social media.
"Excessive social media use during childhood increases the likelihood that young adults are unprepared to join the workforce because their use of social
media weakens the life skills necessary to be responsible and productive employees," the organization writes.
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"During work, young employees are distracted by their phones, have
shorter attention spans, and struggle to navigate social interactions with customers and coworkers," the group adds.
The 26-year-old state organization, which represents 5,000 small businesses, is not affiliated with the U.S. Chamber of Commerce.
The friend-of-the-court brief
comes in response to a lawsuit filed by the tech group NetChoice, which is seeking to block the South Carolina Social Media Regulation Act (H. 3431).
In addition to requiring platforms to attempt to prevent potential harms -- including not
only compulsive usage, but also anxiety, depression, "severe emotional distress," and discrimination -- the law also forces platforms to allow users of all ages to opt out of personalized
recommendations, and to turn off personalized recommendations by default for minors.
The statute also prohibits online services from facilitating behaviorally targeted ads to
minors, and restricts companies' ability to collect data from all users.
NetChoice, which represents large platforms including Google and Meta, argues that the law "violates
the First Amendment many times over."
"It limits websites’ ability to create, disseminate, and facilitate online speech unless they exercise 'reasonable care' to ensure
the speech they publish does not offend, cause distress, or prove too engaging for even one South Carolina minor," NetChoice argued in its bid to block enforcement.
South
Carolina officials counter that the law merely "creates common-sense, straightforward rules for covered online services that will help parents protect their children."
The
South Carolina business group contends in its brief that evidence "undeniably" shows a connection between young people's social media use and "poor mental health, degraded sleep quality, impaired
attention spans and cognitive development, and a lack of social skills."
Among other studies, the group cites a 2023 report by former Surgeon General Dr. Vivek H. Murthy. That report said social media "may have
benefits for some children and adolescents," but could also pose "a profound risk of harm to the mental health and well-being of children and adolescents."