Texas bans kids from social media without parental consent

Texas bans kids from social media without parental consent

Texas Governor Greg Abbott signed a bill Tuesday banning kids under 18 from joining a wide variety of social media sites without parental consent. 

The bill, HB 18, requires social media companies to receive explicit consent from a minor’s parent or guardian before they’d be allowed to create their own accounts starting in September of next year. It also forces these companies to prevent children from seeing “harmful” content — like content related to eating disorders, substance abuse, or “grooming” — by creating new filtering systems.

“We’re disappointed to see Gov. Abbott sign into law a bill that erodes parental rights while violating the First Amendment and digital freedoms for every Texan,” Carl Szabo, NetChoice vice president and general counsel, said in a statement Tuesday. “This new law prioritizes government decree over Texan family values.”

Texas’ definition of a “digital service” is extremely broad. Under the law, parental consent would be necessary for kids trying to access nearly any site that collects identifying information, like an email address. There are some exceptions, including sites that primarily deliver educational or news content and email services. The Texas attorney general could sue companies found to have violated this law.

The law’s requirements to filter loosely defined “harmful material” and provide parents with control over their child’s accounts mirror language in some federal legislation that has spooked civil and digital rights groups

Like HB 18, the US Senate-led Kids Online Safety Act orders platforms to prevent minors from being exposed to content related to disordered eating and other destructive behaviors. But critics fear this language could encourage companies like Instagram or TikTok to overmoderate non-harmful content to avoid legal challenges. Overly strict parental controls could also harm kids in abusive households, allowing parents to spy on marginalized children searching for helpful resources online. 

Texas’ new law joins a ballooning list of states that have recently passed laws restricting under-18s from accessing the internet. Last week, Louisiana passed a similar bill to require parental consent. Connecticut, Maryland, Minnesota, New Jersey, and Ohio have also considered similar legislation.

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