It is obvious that it is in the financial interests of social media companies to have as many users sign up as possible. However, due to existing US laws, those below a certain age cannot sign up for social media. This is something some tech companies have taken issue with, but unfortunately for them, their petition to block the law has been denied.
Social media age-gating in the US
For those unfamiliar, trade association NetChoice recently filed an emergency petition. This was done to block the HB 1126 law in the state of Mississippi. The law in question requires social media platforms in the US to verify the age of the user. If the user is under 18, the account creation is blocked unless approved by a parent.
It also requires that social media platforms must protect underage users from harmful materials. This includes materials that are sexual or self-harming in nature. It also restricts data collection. It honestly sounds like a very reasonable law. If there is an age limit on drinking and smoking, why not social media too, right?
Tech companies disagree
NetChoice is an association backed by the likes of tech giants such as Meta, Google, Amazon, Reddit, and Discord. They argue that these age verification laws, at least for what they call “general purpose social media,” violate the First Amendment. Interestingly enough, the courts kind of agree.
According to Justice Brett Kavanaugh, he says that while this law is “likely unconstitutional,” he also notes that NetChoice hasn’t “sufficiently demonstrated” a risk of harm. He was also quoted as saying, “To be clear, NetChoice has, in my view, demonstrated that it is likely to succeed on the merits — namely, that enforcement of the Mississippi law would likely violate its members’ First Amendment rights.”
Also, district courts in other states have blocked the law. This means that there is precedent. NetChoice expressed its disappointment, but stated that it plans to keep trying.
Paul Taske, co-director of the NetChoice Litigation Center, said in a statement, “Although we’re disappointed with the Court’s decision, Justice Kavanaugh’s concurrence makes clear that NetChoice will ultimately succeed in defending the First Amendment — not just in this case but across all NetChoice’s ID-for-Speech lawsuit. This is merely an unfortunate procedural delay.”
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