Regulations impacting children’s use of social media continues to be a space in motion the past few months. There have been developments at both the state level, as well as with the FTC. And there is no sign of slowing down. In this article we give a roundup of some recent developments worth keeping in mind.
First, at a state level Florida’s social media and minors law, HB 3, is facing its first challenge. The law, which was passed in March was to go into effect date of January 1, 2025. Among other things, it would have prohibited children 13 and under from creating social media accounts. Additionally, it would have required parental consent for 14- and 15-year-olds to join these sites. The recently-filed complaint mirrors challenges other states have faced for their similar laws. It alleges that the HB 3 is unconstitutional on First Amendment grounds. A Federal judge blocked Utah’s revamped social media law which was challenged for the same reasons. Similar social media laws in Texas, Arkansas, and Ohio, were also struck down after First Amendment challenges.
The FTC has also come off a busy summer of children’s privacy. Last month the agency announced a virtual workshop on digital platform features aimed at keeping minors online longer and coming back more frequently. It also recently posted a stipulated order for injunction against NGL Labs. The FTC had alleged that NGL’s anonymous messaging app violated child privacy laws, including COPPA. According to the FTC, NGL did not get parental consent from users under the age of 13. Among other accusations, the FTC stated that NGL also kept children’s data for longer than necessary. The resulting order banned NGL from offering their app to anyone under 18. Additionally, NGL was ordered to pay $5 million in fines.
Putting it into Practice: For companies offering online platforms for children, these developments are a reminder that there is heavy regulatory and enforcement scrutiny on these platforms. While there has been success in pushing back on many of the recent laws, the FTC does not seem to be pausing in its review under both COPPA and unfairness/deception under Section V of the FTC Act.