The House Energy and Commerce Committee is set to address a series of bills aimed at enhancing online safety for children when lawmakers reconvene after the holiday recess. This initiative marks a renewed effort to protect youth from the risks associated with social media and emerging artificial intelligence tools. A hearing is scheduled for the upcoming week to discuss 19 proposed pieces of legislation, including an updated version of the Kids Online Safety Act (KOSA), which previously gained traction in the Senate before stalling in the House.
Committee Chair Brett Guthrie (R-Ky.) and Gus Bilirakis (R-Fla.), chair of the Subcommittee on Commerce, Manufacturing and Trade, expressed their concerns regarding the lack of action from technology companies. They stated, “For too long, tech companies have failed to adequately protect children and teens from perils online.” Both lawmakers emphasized the need for effective legislative measures that can withstand the test of time as they prepare for this critical discussion.
There is a notable bipartisan interest in addressing the dangers children face online, but reaching consensus on the specifics of regulation has proven challenging, particularly with concerns about free speech. The rising influence of artificial intelligence further complicates these discussions, as lawmakers are wary of imposing regulations that might stifle innovation.
The bills under consideration include various measures aimed at regulating app stores, imposing limitations on chatbots, raising the minimum age for social media use, and addressing platform design and video game content. Among these, the revised KOSA is the most prominent, incorporating changes intended to alleviate previous concerns from Republican lawmakers and potential legal challenges. The updated version eliminates the “duty of care” language that would have made companies liable for minimizing harm associated with their services, a provision critics argued could infringe on free speech rights. Instead, it mandates that platforms develop “reasonable policies, practices, and procedures” to combat issues such as threats of violence, exploitation, and the sale of illicit substances.
Another significant proposal requires app stores to verify the ages of users, a measure already enacted in several states but facing legal challenges regarding implementation and data privacy. The tech industry remains divided on age verification, with app stores asserting that developers should manage this responsibility while social media companies argue that app stores are better equipped for the task.
Other notable bills in the package seek to prohibit children under 16 from creating social media accounts, limit access to ephemeral messaging features like those found on Snapchat, and restrict companies from collecting data or conducting market research on minors. The future of these bills in Congress remains uncertain, as differing approaches to regulation have emerged among lawmakers.
The removal of the “duty of care” provision from KOSA could hinder progress, as it already enjoys a filibuster-proof level of support in the Senate, assuming legislators maintain their previous stance. Scrutiny of social media companies has intensified in light of studies indicating negative impacts on children’s mental health linked to their platforms. Whistleblower testimonies and court documents have further accused these companies of knowingly downplaying the risks associated with their services.
Recent court filings have revealed allegations that executives at Meta compared Instagram to a drug and actively sought to obscure the platform’s harmful effects while being aware of them. Meta has denied these claims, asserting that the cited quotes are taken out of context and do not accurately reflect its commitment to child safety.
Meta has faced considerable backlash regarding its practices related to youth online safety, amid numerous investigations and whistleblower accusations. In response, the company has introduced measures aimed at tightening policies for underage users, including the launch of Teen Accounts. Despite these efforts, parent groups and lawmakers have expressed that these changes have not adequately addressed their concerns.
Senator Marsha Blackburn (R-Tenn.), a prominent advocate for KOSA, remarked on social media: “Meta’s exploitation of children and adults is by design. It’s time to pass the Kids Online Safety Act and stand up for the next generation. This is what happens when Congress fails to act.”
As the discussion progresses, it remains to be seen which bills will successfully navigate both chambers of Congress and ultimately lead to significant changes in online safety regulations for children.
