WASHINGTON (Gray DC) – The global movement to protect children online has entered a new phase, with more countries announcing social media bans for some teenagers. In the U.S., however, lawmakers have not yet reached a consensus on basic safety regulations.
Last year, Australia became the first country to implement a nationwide social media ban for children under 16. Indonesia soon followed with its own such law, while the United Kingdom, Norway and Spain have all announced plans to introduce similar restrictions.
A recent Pew Research Center survey found about 60% of Americans also support prohibiting social media for children under 16. But experts believe a similar policy in the U.S. would likely face steep legal challenges.
“Because of First Amendment protections and other issues with legal language,” said Leeza Garber, an attorney and cybersecurity expert. “At the state level we can see these types of bans occurring, but legal challenges are appearing, whether that’s from certain nonprofits or Big Tech itself.”
Instead of banning social media outright, Congress has spent years trying to regulate the companies behind the platforms. In 2024, the Senate overwhelmingly approved the bipartisan Kids Online Safety Act, or KOSA, but the bill stalled in the House.
Last month, House lawmakers passed a broader online safety package that includes parts of KOSA. Though it differs from the Senate bill by not including a “duty of care” provision, which would require social media platforms to take reasonable steps to prevent harms such as suicide, sexual exploitation and substance abuse.
The House measure now heads to the Senate, where its prospects remain uncertain. However, removing the duty of care provision appears to be be a nonstarter for the Senate co-authors of KOSA, including Sen. Richard Blumenthal of Connecticut.
At a press conference in June marking Social Media Harm Victims Remembrance Day, Blumenthal denounced any online safety legislation that does not include a duty of care provision.
“If my colleagues are serious, they’re going to reject laws that eliminate the duty of care,” he said. “When Big Tech makes products that addict and kill young people, they should be liable under a duty of care.”
Even if Congress reaches a compromise, Garber said another major challenge remains: enforcing any age restrictions.
“It’s actually extremely difficult to have age verification work properly. There are other workarounds like VPNs. So there’s multiple challenges facing the community when it comes to outright social media bans,” she said.
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