Florida delays enforcing law on social media for minors

The Florida prohibition against social media accounts for minors under the age of 14 went into legal effect on Wednesday, but wasn’t immediately enforced pending a court challenge. The law also requires online platforms to delete any previously existing accounts for children under that age. Additionally, it requires parental consent for any 14- and 15-year-olds to open a social media account. Pornographic or sexually explicit websites must use age verification to block minors from accessing their material. Gov. Ron DeSantis signed House Bill 3 into law in March 2024.

How has the law been challenged in court? In October, the Computer and Communications Industry Association, along with the organization Netchoice, filed a federal lawsuit against Moody. The lawsuit casts House Bill 3 as an unconstitutional attempt by Florida to preempt parents’ responsibility for their children. It goes on to request that courts permanently block enforcement of the law. The groups have also requested a temporary injunction to block the law’s enforcement while litigation plays out.

Why is enforcement being delayed? Florida Attorney General Ashley Moody agreed to delay enforcement, at least until a federal judge rules on a temporary injunction, according to court documents.

Why do supporters back the law? DeSantis called it a necessary safeguard to protect children from sexual predators. Predators already know how to access and manipulate social media platforms in order to gain access to child victims, the governor said. Access to social media puts children in danger while in their own homes—and without their parents’ knowledge. Removing children from the platforms would cut off predators’ access to them, DeSantis said.

What do critics have to say? Some advocacy groups accuse the law of interfering with children’s First Amendment rights to free speech and protest.

State Rep. Anna V. Eskamani, D-Fla., in March characterized it as a sweeping prohibition of youth from social media that tells Florida families how to parent. She accused the bill of going too far but did agree that more needs to be done to protect youth on social media.

Do other states have similar laws? As of June, 10 states had passed laws requiring children’s access to social media be restricted altogether, or requiring parental consent for children to open a social media account, according to the Age Verification Providers Association. More than a dozen states had passed laws requiring websites containing pornography or sexually explicit to implement age verification measures, according to the association. At least one major porn website blocked access to all users based in states implementing the anti-porn laws. The U.S. Supreme Court in January is scheduled to hear oral arguments on the constitutionality of an age verification law passed in Texas.

Dig deeper: Read Juliana Chan Erikson’s report on how social media tempts teens with pornography.