House passes bills restricting minors’ access to certain tech platforms and harmful content

Published Jan. 24, 2024, 11:35 a.m. ET | Updated Jan. 24, 2024

Instagram on a smartphone, March 26, 2020. (Photo/Claudio Schwarz, Unsplash)
Instagram on a smartphone, March 26, 2020. (Photo/Claudio Schwarz, Unsplash)

TALLAHASSEE, Fla. – The Florida House of Representatives passed two bills that restricts minors from accessing certain social media platforms and harmful content online.

Reps. Tyler Sirois, R-Merritt Island; Fiona McFarland, R-Sarasota; and Michele Rayner, D-St. Petersburg, sponsored HB 1, a social media restriction bill applying to minors under the age of 16, and spoke in favor of it on the House floor. The legislation passed 106-13.

The other bill, HB 3, had the sponsorship of Reps. Chase Tramont, R-Port Orange, and Tobin Overdorf, R-Palm City. The legislation requires online entities to provide age verification restrictions on harmful content to all minors. The bill passed 119-0.

The House also approved two amendments, one for each bill.

HB 1: Social Media Use for Minors

The amendment for the social media legislation detailed the restrictions that would be in place for minors under 16 when they attempt to access addictive apps, as well as the requirements that social media companies have to follow.

The amendment also defined social media platforms as online forums that can track activity of the account holders, allows account holders to upload, share, and interact with content, uses harmful and addictive technology and uses online tracking technology to cater towards the account holders’ likings and interests.

Additionally, the amendment clarified that apps used primarily for one service, such as email, direct messaging, news, streaming and others, do not qualify under the legislation as platforms that need to be regulated.

Sirois explained that social media bill’s goal is to combat platforms that have addictive features targeted towards children.

“What this bill is working to do, is to identify those features, to acknowledge the grave harm that they are causing to our children, and to say to the companies that want to operate in this space – that if you want to operate in the state of Florida, we think that these are the standards that you should be [held to.]”

During the questioning period, Rep. Anna Eskamani, D-Orlando, asked Sirois which prominent social media platforms would be impacted by the legislation.

“We’re not looking at any particular platform,” he responded. “But what we are looking at, is trying to tailor this legislation to addictive features. Autoplay, for example… infinite scroll, push notifications that provide that dopamine hit, other features that are intentionally designed to capture and hold our kids’ attention.”

When pressed with a follow up, Sirois emphasized that he wasn’t concerned about naming specific companies that would be included under the bill’s language.

Eskamani and Rep. Ashley Gantt, D-Miami, attempted to offer amendments transforming the legislation in various ways, including only limiting minors’ access to social media between 10:30 p.m. and 6 a.m., and allowing parents more access over their children’s social media controls. All of the amendments were voted down.

Eskamani argued that the legislation was too strong and did not give parents enough control over their children’s social media access.

Sirois gave a passionate closing argument for the bill, highlighting how it would help teenagers improve their mental wellbeing and state of mind.

“I wonder if it’s possible that the greatest danger posed to our children by social media is not what it provides, but what it seeks to replace,” he said.

“These companies know what they are doing is wrong,” Sirois added. “They have not acted. Mr. Speaker, in Florida, we will.”

HB 3: Online Access to Materials Harmful to Minors

The amendment for legislation on harmful content outlined that the verification has to be conducted by a third party that is not connected with the company or website administrator.

Tramont emphasized for the age verification bill that these measures are needed to protect the innocence of children in the world of digital media.

“HB 3 is very simple,” he said. “Common sense legislation to protect children by requiring websites and applications that publish materials harmful to minors, such as pornography, to take reasonable measures to verify the age of the user seeking to obtain access to such websites.”

He added that many sites already feel the pressure to have age verification, but they need the legal requirement to actually implement a legitimate barrier.

Tramont explained during his closing that although he agrees it is not the governments job to “raise our children,” it is the the state’s role to give the “tools and provisions” necessary for parents to protect their kids.

“Here today I say we have an opportunity to ensure that when our story is told one day, that it said that this legislative body made their own history when both Republicans and Democrats did everything within its power to perfectly protect the lives, the health and the innocence of our children by meeting in the middle,” he said.

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