For a long time now, social media’s impact on kids and adults has been discussed with complete sincerity. As growing kids and teens are spending hours doomscrolling, not only are their mental health and cognitive development compromised, but it also raises serious concerns about their safety and security. Keeping the same in mind, starting January 1, 2025, Florida will introduce new restrictions on social media use for minors under the Online Protections for Minors Act (HB 3). This law aims to regulate how children access and engage with social media platforms. While the legislation has sparked debates and legal challenges, here’s what Florida’s social media ban for children entails and how it might impact families.
What Does the Law Do?
The law prohibits children under 14 from creating or maintaining social media accounts. Platforms like Facebook, Instagram, TikTok, and others will be required to terminate accounts they suspect belong to children under this age. Parents or guardians will have a 90-day window to appeal such terminations.
For children aged 14 and 15, accounts will only be allowed with parental or guardian consent. Without this approval, platforms must terminate these accounts, again allowing a 90-day appeal period.
In addition, all platforms must implement third-party age verification methods for new accounts. While these verification processes will collect personal information, the law prohibits platforms from storing this data. Parents or children under 14 can also request account termination, which must be completed within 10 business days.
Addressing Harmful Content
Beyond social media, the law takes aim at websites displaying content deemed “harmful to minors,” such as sexual material. These sites must use age verification systems to prevent access by anyone under 18.
Enforcement and Legal Challenges
Despite its January 1 rollout, the law is already facing First Amendment challenges. Attorney General Ashley Moody’s office announced that enforcement against major platforms will be delayed until the courts rule on a preliminary injunction. A hearing is set for late February, leaving the future of the law uncertain.
Which Platforms Are Affected?
The bill broadly defines social media as any platform where users can upload content, interact with others, and where algorithms determine the content users see. Platforms with addictive features like infinite scrolling, autoplay videos, and push notifications are also targeted.
This definition includes popular sites like Facebook, Instagram, TikTok, and X (formerly Twitter). However, platforms limited to email or direct messaging are exempt.
Penalties for Violations
Social media platforms that fail to comply with the law could face civil penalties of up to US$ 50,000 per violation.
What’s Next?
The law’s impact depends on whether it survives legal challenges. For now, Floridians can expect websites with age-restricted content to implement verification systems starting January 1. However, the enforcement of social media restrictions will hinge on court rulings.
While aimed at protecting children, the law raises significant questions about free speech and privacy. Whether it will stand the test of time—or the courts—remains to be seen.
Other Countries That Have Imposed a Similar Ban
Australia has also approved a social media ban for children under 16. This groundbreaking law is one of the toughest globally. It has sparked debate and set a new standard for countries grappling with the impact of social media on youngsters.
Under the Social Media Minimum Age bill, tech giants like Meta and TikTok will be required to prevent minors from logging in. Or, they face hefty fines of up to A$ 49.5 million (US$ 32 million). A trial phase to explore enforcement methods will kick off in January 2025, with the full ban set to take effect a year later.
Unlike laws in France and parts of the U.S., which allow minors access with parental permission, Australia’s ban is absolute, sending a clear message about the government’s commitment to protecting young people from potential mental health risks.
