Bill restricting social media use for minors passes in Florida: Which platforms will be impacted?

On Monday afternoon, Florida Governor Ron DeSantis signed HB3, a bill that establishes age restrictions for opening social media accounts for Sunshine State residents. These new rules will not go into effect until 1 January 2025, and if challenged in court, the implementation could be delayed even further. So far, the bill appears to target all social media platforms operating in the United States, with no carve-outs.

It is impossible to say that social media presents no harm to children and teenagers. Many of these platforms are designed to be addictive, often create unrealistic expectations for young users, and serve polarizing, false, and, at times, inappropriate information to them. But regulating their use and creating a culture that protects children online is a societal project that could take many paths.

What restrictions are created by the new law?

The bill is likely to be challenged on constitutional grounds, with social media platforms likely to argue that the restrictions infringe on the First Amendment rights of children and teenagers.

For children under fourteen, the new law prohibits social media companies from being able to offer them services and terminates the existing accounts. The social media platforms themselves will eliminate accounts that already exist, with the law requiring that they “terminate any [...] that the platform knows or has reason to believe is held by an account holder younger than 14 years of age.”

At fourteen, parental consent will be required for an account to be opened until the minor turns sixteen. Similarly, the law requires that accounts thought to be held by minors who have not provided evidence of parental consent should be eliminated.