Why parents in the US state of Utah will now have to consent to kids using social media

Why have the measures been introduced?

These are aimed at controlling the impact of social media on younger generations. The state government’s website said, “Utah is at the forefront of holding social media companies accountable for the harms they are causing our children and young people.”

State Governor Spencer Cox said studies have shown time spent on social media leads to “poor mental health outcomes” for children. “We remain very optimistic that we will be able to pass not just here in the state of Utah but across the country legislation that significantly changes the relationship of our children with these very destructive social media apps,” he said.

Is Utah unique in doing this?

American lawmakers have expressed concern over the explosion in social media use in the past few years. Incidentally, the Utah laws were passed on the same day that TikTok’s CEO was grilled in the US Congress by lawmakers. While that hearing was focused on assessing China’s control over the app, many raised concerns over children’s use of these apps.

Arkansas, Texas, Ohio and Louisiana and New Jersey are also looking at similar proposals while California enacted a law last year prohibiting tech companies from profiling children or using personal information in ways that could harm children physically or mentally.

These themes were in US President Joe Biden’s February State of the Union address, too. “Let’s do more on mental health, especially for our children…We must finally hold social media companies accountable for the experiment they are running on our children for profit. And it’s time to pass bipartisan legislation to stop Big Tech from collecting personal data on kids and teenagers online, ban targeted advertising to children, and impose stricter limits on the personal data these companies collect on all of us,” he said.

Two years ago, another Utah legislation called on tech companies to automatically block porn on cell phones and tablets sold, citing the dangers posed to children, the AP reported. Although amid concerns about enforcement, lawmakers in the deeply religious state revised it to not take effect unless five other states passed similar laws.

What exactly do the new laws say?

Starting March 1, 2024, Senate Bill 152 will require social media companies to verify the adult age of a resident who wants to maintain or open an account, get the consent of a parent or guardian for users under age 18 and “allow parents full access to their child’s account”.

It would create a “default curfew setting that blocks access overnight (10:30 p.m. to 6:30 a.m.)” which can be adjusted by parents – who could also set a daily time limit for accessing such websites. It prohibits direct messaging by anyone who the child hasn’t followed or friended. It requires companies to block underage accounts from search results, restricts them from collecting a child’s data and says children’s accounts cannot be targeted for advertising.

Companies can be fined for violations. Another bill outlines penalties for social media companies which target users under the age of 18 with “addictive algorithms”, including a $250,000 fine for “addictive design features” and a penalty of up to $2,500 per child exposed to an addictive feature. The measures allow parents to sue social media companies directly for the “financial, physical, or emotional harms in certain circumstances”, adding that for youth under 16, the harm would be presumed under the law and the companies would have to prove otherwise.

How will the enforcement work?

That is what is unclear at the moment.

Age restrictions for registering on apps like Instagram and Twitter already exist, with 13 years being the requirement most often. Companies are prohibited from collecting data on children under 13 without parental consent under the federal Children’s Online Privacy Protection Act. But in reality, an incorrect, older date of birth can be entered by underage kids – and it often is – as there is no need for verification.

In addition to the parental consent provisions, social media companies would likely have to design new features, AP noted, and tech companies earn money by targeting ads to their users. Governor Cox has previously said he believes social media companies will challenge the new measures in court.

But such changes have been proposed before. In 2019, it was reported that an ‘Instagram for Kids’ was in the works for those under 13. The rationale was that children are now getting phones in the US at a very young age and that they do end up using such apps by entering incorrect ages, so a for-kids version would be tailored for them for safe use. Instagram head Adam Mosseri wrote in a post, “It won’t have ads, and it will have age-appropriate content and features. Parents can supervise the time their children spend on the app and oversee who can message them, who can follow them, and who they can follow.”

However, these plans were halted following reports of studies, particularly one from The Wall Street Journal, that used Instagram’s internal information to show the ill effects of Instagram on young users’ self-esteem, particularly for girls.

And while there is a common consensus over the ill effects of social media on children, a solution of this kind raises further questions. “Children may be put at increased risk if these laws are enforced in such a way that they’re not allowed to some privacy, if they are not allowed some ability for freedom of speech or autonomy,” said Kris Perry, executive director of the nonprofit Children and Screens: Institute of Digital Media and Child Development, to the AP.

Social media apps can also help children from vulnerable backgrounds or those in violent homes access help and community, critics of the laws have said. Interestingly, Utah is a Republican state and the party is often seen as opposing the idea of regulation in people’s private lives – both by the government in the lives of people, and in the working of businesses. But on the subject of social media and children, its usual criticisms are no longer being applied.

(With inputs from AP)