Social media laws for minors: What do they mean for kids?

The beginning of 2023 marked a rocky start for the kingpins of social media. In the US alone, hearings in congress, teamed with multiple lawsuits, made waves across the country, challenging users to think about their relationship with social media giants such as TikTok, Instagram, and Facebook.

In the name of keeping children safe on social media, however, various US states and countries around the world are prepared to go much further, with the introduction of new laws affecting how children and teens use these apps. So, what do new social media laws and restrictions mean for children? And how can families help keep their loved ones safe as they scroll?  

What do social media laws look like for children?

The wave of bills across 2023 include a variety of suggestions and proposals, with some countries or states choosing to focus on how social media is set up at home, such as age restrictions and parental permissions, while others are choosing to target the way that social media companies are set up for young people to use. 

For example, Utah’s Social Media Regulation Act:

• Requires parental consent for under-18s to open a social media account
• Sets a curfew between 10:30 pm and 6:30 am, not allowing under-18s to access social media during this period
• Allows parents and guardians to access their children’s accounts, and posts on social media
• Requires companies to offer tools that allow parents and guardians to set time limits on children’s social media use
• Hides under-18s accounts from search results
• Prohibits direct messages from those not on children’s follower or friend list

In contrast, California’s legislation seeks to take the social media companies themselves to task, hoping to reduce children’s exposure to harmful content online. The bill prohibits a social media platform from “adopting or implementing a practice relating to the targeting of content to minors that prioritizes user engagement over the safety, health, and well-being of minor users.”

What do these laws mean for children and teenagers?

The implications of social media use on children’s digital health and wellbeing are being studied more, and understood further as time goes by. As children spend increasing amounts of time on social media, there are concerns surrounding its effect on their mental health, attention span, and how addictive current social media platforms can be, especially for children’s developing brains. 

Dangerous challenges also circulate on social media, and as peer pressure moves into the digital world, there is substantiated worry that children may feel the need to copy or emulate some of the risky, foolish behavior they are exposed to online. At least 20 deaths have been linked to dangerous TikTok challenges since the beginning of 2022. 

These issues have contributed in part to bill proposals across the US, and in other countries around the world. At the signing of the Utah bills, the state governor, Spencer J. Cox, referenced studies connecting heightened risk of mental health problems and extensive social media use. The representative hopes that the bills will help reduce the risk of addiction, protect children as they explore social media, and hold social media platforms accountable for harm caused, whether physical, psychological, or financial.

What do social media restrictions look like outside the US?

Countries and regions around the world are also making moves to restrict and limit the ways that children have access to social media – Europe in particular. 

The UK’s online safety bill came into effect in late 2023, designed, among other things, to keep minors safe as they scroll, holding tech companies accountable for harmful content that young people could come across on their platforms.

France, on the other hand, has already approved a bill that attempts to tackle issues with cyberbullying, social media addiction, and exposure to harmful content on social platforms. The bill, which passed the French Senate in June 2023, requires parents to approve their child’s access to social media if they are under 15. In addition, parents will be able to directly request that their child’s social media account be suspended, and social media platforms will be required to provide tools that restrict how long children can spend on them. 

What do the proposed laws mean for social media companies?

These laws will require social media platforms to carry out age verification for young users in states and areas of the world where changes are proposed – though they don’t lay out how companies will have to enforce this. Up until now social media companies have relied on children simply being honest about their age, which, as most parents know, is not the sturdiest barrier for intrigued teens and tweens setting up a new account online. 

Social media companies will also not be allowed to collect children’s data, or show them targeted ads and sponsored content, which will require giants such as Instagram, TikTok, and Facebook to update their advertising mechanisms for minors. TikTok, for example, currently removes ads for their under-13 experience, but teenagers aged 13+ are exposed to advertising as they scroll. This will have to be updated under new laws. 

Experts and digital rights advocates point out certain constitutional problems with the laws, such as the right to privacy, the right to access information, and the right to freedom of speech. Minors without an ID card would also be unable to access social media. Therefore, while restrictions and regulations are on the table, it doesn’t necessarily mean they will be approved. In Arkansas, one of the US states to propose age verification and parental consent for minors on social media, a federal judge blocked the proposed Social Media Safety Act, following a motion declaring the bill unconstitutional. 

How else can I keep my child safe on social media? 

As the discussion surrounding safety for under-18s on social media heats up, many families are looking for ways to keep their children safe as they scroll and swipe, regardless of the state they live in, or the country. 

Whether enforced by law or not, teens and tweens should be able to enjoy the positive side of the digital world. Despite the challenges social media platforms are facing, they won’t be going anywhere fast. Families need to work together to create a safe online environment for their children, protecting them from harm while educating them on the potential dangers and benefits of social media. 

Some steps families can take to keep their children safe as they use social media include:

• Encouraging teens to follow a variety of accounts, that promote positivity and content which makes them feel good.
• Teaching children how to be more mindful of the time they spend on social media, and the type of content they’re consuming. This can be as simple as pausing the scroll and taking a moment to reflect, or putting down the phone every once in a while to go do something else. 
• Establish device-free moments, where downtime is scheduled. This can be done either through a manual family schedule, or by using digital wellbeing tools such as Qustodio, which can block out hours of the day – meaning even if kids are tempted to use their device, they won’t be able to access social media. 
• Set boundaries, and come to an agreement about what is acceptable for your children to do as they explore the online world. Depending on your children’s age, you may want to restrict or limit access to certain apps, especially social media ones. It’s a good idea to create a digital family agreement, outlining your expectations and boundaries, which everyone can contribute to. Revisit this agreement as your children get older, and keep the conversation flowing.

What the future looks like for social media restrictions

Copycat bills to the ones signed in Utah, France, and the United Kingdom, are expected to follow suit, not just in the US and Europe, but in other countries and regions around the world. 

“The future of restrictions is a question of balancing different fundamental rights and obligations – a child’s own right to privacy and self determination, and a parent’s right and obligation to educate and protect their children,” states Lucrezia Berto, Associate Lawyer at Across Legal.  

Speaking to Qustodio on the implications of social media restrictions, Berto, who specializes in privacy and children’s online issues, continues: 

“In the EU, GDPR currently sets 16 as the age from which minors can independently give consent to the processing of their personal data, on social media or other online platforms. The EU allows member states to set a lower age, down to 13 – Spain, for example, has chosen to set this age of consent at 14. In addition, minors’ own privacy rights (such as against their parents) are also protected, which in some ways may limit how far a parent can monitor or control the minor’s online access and activity.”

A new era of rules and restrictions for children

Lawmakers and government bodies are looking for ways to help social media become a healthier, less damaging space for children as they grow online. At the same time, parents want more visibility and control over what their children are exposed to on social media, and in other environments, such as online gaming. 

And some countries are more than happy to push forward in their demands. Berto highlights some recent changes to the Children’s code in the UK. “ICO, the privacy commissioner, has recently requested that video game manufacturers implement stronger measures to manage the collection of data of minors – meaning under 18s – and turn off profiling, with a code of practice for game developers and more general guidelines for online platforms, particularly social media.”

While the journey will be slow, new bills and regulations are anticipated to be at least proposed, or finally come into effect over the next few years, in the effort to help both children and adults regain some form of balance between the digital and real world, while promoting children’s online safety and supporting their mental health. Until then, and even after the fact, families need to keep the conversation flowing with their children, while making the most of the digital solutions and wellbeing tools available to them, to keep kids safe and healthy as they explore social media.