The Massachusetts House on Wednesday passed legislation that top Democrats said would create one of the country’s most restrictive policies on youth social media use.
The bill, approved on a 129-25 vote, has two main components. It would put new rules in place around how minors access social media, requiring platforms to prohibit kids under 14 from having accounts. Parents would need to provide their consent for 14- and 15-year-olds to use social media.
Beyond that, the bill would also ban students from using cellphones throughout the school day, which teachers have said helps kids stay engaged in learning.
Education Committee Chairman Rep. Ken Gordon said studies have shown that excessive social media use by children can disrupt sleep, spread unrealistic body images, contribute to anxiety and depression, and expose teens to online predators or cyberbullying.
“This is a matter of protecting our children with regard to public health,” the Bedford Democrat said. “It’s a matter of standing up to Big Tech, just as we stood up to Big Tobacco in the past.”
To make the new age requirements work, social media companies would be required under the bill to implement age verification systems for current and prospective users.
Fight for the Future, which advocates for free expression online, said age verification “kills anonymity online for all users regardless of age.” The progressive advocacy group Act On Mass cautioned against what it called “staggering” privacy risks in the legislation.
“Although marketed as a child protection law, this social media ban would force all social media users in Massachusetts, including adults, to submit biometric information to tech companies to prove that we are over 16,” Act on Mass executive director Scotia Hille said in a statement. “Allowing parents to request the social media activity of children under 16 puts LGBTQ+ youth and other marginalized teens at risk.”
Before passing the bill, representatives added in language limiting what data would be available to parents and specifying that social media companies shall not share any data related to a minor’s “LGBTQ+ status or any other protected status.”
Asked Wednesday if lawmakers thought about data privacy as they prepared the legislation, House Speaker Ron Mariano said, “Well, I’m sure we have, but the issue is that we’re doing it to protect kids, and a lot of it is aimed at an age group that we think is well worth the investment of time in getting the right ages and making sure that only kids who are maturing are involved in this.”
House leaders compare their proposal to a similar social media law in Florida, which has faced legal challenges. State Rep. Aaron Michlewitz, the chair of the House Ways and Means Committee, acknowledged the possibility their bill, too, could become subject to lawsuits.
“We think it’s the right thing to do. We think we are on solid ground,” he said. “We hope that once this bill passes, it’ll stand up through any legal challenges.”
The bill does not name any specific apps or websites its rules would cover. It defines “social media platform” to include public websites, apps and online services that display “content primarily generated by users and allows users to create, share and view user-generated content with other users. It excludes email, text messaging and telecommunications, and services for viewing, sharing or collaborating on documents.
Michlewitz, a North End Democrat, said the bill was written to give Attorney General Andrea Campbell flexibility in crafting regulations around how to implement it, in hopes of being able to respond quickly to changes in a constantly evolving industry.
The state Senate has already passed a school cellphone ban bill, but has not voted on youth social media restrictions. The two chambers will need to agree on the precise terms of a social media ban before they can send a bill to Gov. Maura Healey.
They have a limited window to iron out an agreement if they want to adhere to the tight timeline in the House bill, which envisions both the school cellphone ban in place for the next academic year and the social media limits taking effect in October.
Healey, in her January State of the State address, called out the addictive nature of apps like TikTok and Instagram and said she’d file her own bill limiting youth social media use in Massachusetts.
Healey’s office on Monday announced that the governor would unveil her bill at a press conference the following day, but canceled the press conference without explanation Tuesday morning. Healey aides say the event will be rescheduled.
