Legislating Teens’ Social Media Access

While billions of people worldwide utilize social media platforms, it’s no secret that their use can have negative effects, especially for children. Although it’s difficult to say with certainty “how much is too much,” there is increasing evidence demonstrating that use of social media can lead to increased risk of anxiety and depression in teenagers. Despite the fact that most social media apps ostensibly require users to be at least 13 years old, statics show that nearly 40% of children ages eight to 12 years old are regular users. Every parent knows that it’s difficult, if not impossible, to limit a child’s access to apps like Instagram and TikTok, especially when many adults struggle with their own social media addiction. “Do as I say not as I do” simply doesn’t work. No doubt there is a problem. The question becomes how to fix it. Many states, including Oklahoma, are turning to legislation to address the challenges of this ubiquitous, transformative technology.

Oklahoma Legislation

Last month, the Oklahoma House of Representatives passed House Bill 3914. Introduced by Representative Chad Caldwell (R-Enid), the bill aims to limit social media accounts for youth by requiring social media companies to verify account holders are over the age of 18, or to confirm parental consent for those aged 16 to 18. At the time of this writing, the bill was on its way to the State Senate.

According to Caldwell, the bill wasn’t about targeting the content found on social media.

“Instead, we are simply taking the necessary steps to protect our children from an addictive product that is verifiably dangerous to children and teenagers just like we do with alcohol, tobacco, adult websites, gambling, etc.,” he said.

Although similar legislation has passed in other states—Ohio, Utah, Arkansas and Louisiana, among them—federal judges in several of those states have blocked the laws that followed, citing First Amendment issues.

First Amendment Concerns & Judicial Scrutiny

On the surface, legislation, such as Oklahoma House Bill 3914, that purports to protect kids from the negative impact of social media by banning children younger than 16 might seem like a good thing; however, it’s not that simple. One of the first challenges to such legislation is First Amendment rights and the protection of free speech, which apply to children, too.

Broadly written legislation that prohibits minors’ access to social media content, or “speech,” (“content legislation”) must be balanced with these rights, or it may be considered unconstitutional. Laws like these that brush up against constitutional rights come under a heightened level of judicial review known as “strict scrutiny.” In other words, lawmakers must show the existence of a real harm or problem and prove that restricting speech, in this case restricting access to social media, is necessary to solve it.

Although there are plenty of things on social media that might be inappropriate for young teenagers to see, there is also an argument that for many teens, access to the ideas and communities found on these platforms is valuable. Teens can connect with others who share identities, abilities and interests. Social media may also provide access to important information and create a space for self-expression.

Privacy Concerns

In addition to free speech challenges, legislation that requires age verification can also create privacy issues. The reality and logistical challenges of how age would actually be verified is a big question. It could involve the necessity of uploading identification and the sharing of even more personal information. Social media companies, internet providers or cell phone companies could then have access to vital information, like a government-issued ID or other data, which may not be desirable.

Looking Ahead

Few people would argue against the importance of protecting minors from the negative aspects of social media. The issue is how to best accomplish this. Carefully crafted legislation that withstands constitutional challenges may be one piece. More parental engagement may be another. It also seems clear that the companies that have created these highly profitable apps should be held accountable in some fashion. For more information, visit hhs.gov to read the US Surgeon General’s Advisory on social media use and youth mental health.

Julie Wenger Watson is a freelance writer who’s worked in all aspects of music promotion. She’s also Co-Director of “Live From Cain’s,” a public radio show pilot.