Legislation Update on Social Media and Children

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This article is an overview of recent legislation in the United States and California focused on social media regulation and protections for children such as state statutes, federal proposals, court cases, and policy debates:

  1. California’s Landmark SB 976: Protecting Our Kids from Social Media Addiction Act
  • Signed into law by Governor Newsom on September 20, 2024, California’s SB 976 sought to curb addictive design features targeted at minors by requiring:
    • Verifiable parental consent before delivering algorithmic “addictive feeds”
    • Muted notifications between midnight–6 a.m. and during school hours (8 a.m.–3 p.m.), unless authorized by parents
    • Default privacy settings designed to safeguard minors
    • Public disclosure of platform user engagement and mental health metrics
  • Implementation status: Although slated to take effect in phases (feed restrictions starting Jan. 1, 2025; age verification by 2027), the law faces a partial injunction by the Ninth Circuit. Only data collection and use restrictions remain active, while notification limits and other key portions are stalled.
  • Design-centric approach: California joins other jurisdictions in focusing regulation not on content but on product features—such as autoplay, infinite scroll, and algorithmic pushes—that foster compulsive use by minors.
  1. New York SAFE for Kids Act (S.7694A)
  • Enacted in June 2024, the Stop Addictive Feeds Exploitation (SAFE) for Kids Act requires platforms to:
    • Verify age and obtain parental consent before supplying algorithmic feeds to minors
    • Block notifications to minors between midnight and 6 a.m. (EST) without parent’s approval
    • Impose fines of up to $5,000 per violation
  • Scheduled to become effective 180 days after execution.
  1. Tennessee’s Protecting Kids from Social Media Act (HB 1891)
  • Signed on May 2024
  • Effective on January 1, 2025
  • It requires:
    • Age verification for all new users
    • Parental consent for minors under 18 years
    • Parental access and tools to control privacy and define time restrictions
  • Enforcement by the state Attorney General; challenged in federal court by NetChoice for First Amendment concerns. A preliminary injunction was denied in February 2025, allowing the law to stand for now.
  1. Utah and Texas: Age Verification Mandates for App Stores
  • Utah, already law, requires app store operators to verify user age and obtain parental consent for minors’ downloads. Notably, enforcement includes a private right of action by individuals.
  • Texas passed a similar bill in May 2025, enforceable from January 1, 2026, prompting national debate as Apple and Google oppose mandatory age verification mechanisms.
  1. Federal Legislation Under Consideration

Kids Online Safety Act (KOSA)

  • A bipartisan federal bill that passed the Senate overwhelmingly in 2024 but stalled in the House — now revived in May 2025.
  • Key provisions include:
    • A duty‑of‑care requirement for platforms to proactively guard against harms like self‑harm content, bullying, eating disorders, and sexual exploitation
    • Mandatory default privacy settings, opt‑outs of algorithmic recommendation systems for children, and parental controls
  • Draws both praise and criticism: advocates support its protective intent, while dissenters (ACLU, LGBTQ+ groups, EFF) fear vague language may enable censorship or privacy violations.

Kids Off Social Media Act (S.278)

  • Introduced Jan. 2025 in the Senate Commerce Committee
  • Proposes:
    • Prohibiting children under 13 from having social media accounts
    • Banning algorithmic content promotion to users under 17
    • Requiring schools to block social media access on federally funded networks and adhere to internet safety policies
    • Enforcement by FTC and state attorneys general, with civil action authority for states if residents are harmed.

App Store Accountability Act (H.R. or S.10364)

  • Reintroduced in May 2025
  • Would:
    • Require age verification and parental consent before minors download apps
    • Preempt state laws and place enforcement under the FTC
    • Include an advisory committee and enforcement mechanisms.

EARN IT Act (S. 3538)

  • Proposes amending Section 230 of the Communications Decency Act
  • Aims to hold platforms liable for child sexual abuse material (CSAM), including permitting states to sue providers who “fail to deal with CSAM” on their platforms. Also proposes a national commission and best practices to prevent exploitation.
  1. National Landscape: States Adopting and Courts Blocking Laws
  • As of early 2025, 12 U.S. states have enacted or proposed laws requiring age verification, parental consent, or curfews for teen social media use. Some laws are enforced, while others—like those in Arkansas, Ohio, and California—are blocked by court injunctions.
  • Only Mississippi’s 2024 law requiring age verification and consent is currently in effect following a Fifth Circuit ruling in July 2025, though NetChoice is appealing to the U.S. Supreme Court to overturn it on First Amendment grounds.
  1. Common Themes & Policy Trends

Design‑Feature Regulation over Content Filtering

  • Many of these laws focus on manipulating platform design to reduce harm (curfews, disabling addictive feeds, algorithmic opt‑outs), not regulating content speech directly—an intentional strategy to minimize First Amendment challenges.

Legal Pushback Continues

  • Organizations like NetChoice, EFF, and civil liberties groups have challenged multiple laws, arguing free speech, privacy, and due process concerns.

Federal vs. State Authority

  • A growing tension over state-specific laws vs. potential federal preemption (e.g. App Store Accountability Act), with platforms and policymakers debating which approach better balances parental control and constitutional rights.

What is the bottom line?

  • California led with SB 976, pioneering design-based regulation of addictive social media features, though implementation is partially blocked.
  • Other states like New York, Utah, Tennessee, and Texas have enacted or passed various age‑verification frameworks or feed restrictions.
  • Federally, KOSA and the Kids Off Social Media Act reflect growing momentum toward national oversight—yet both are in legislative limbo.
  • Courts are critically shaping the future of this regulatory wave, especially via First Amendment and state-versus-federal authority debates.

These laws mark a significant shift in digital child protection strategy, moving beyond parental guidance and corporate self-regulation to legislative mandates targeting platform design and data use. Let me know if you’d like help comparing how these laws differ or evaluating a specific state’s approach. Please feel free to contact our law firm to speak with an attorney regarding your questions.