Tech group sues Arkansas over law requiring parental OK for minors creating social media accounts

Tech Industry Trade Group Challenges Arkansas Law Requiring Parental Consent for Minors’ Social Media Accounts

On Thursday, a prominent trade group representing the tech industry filed a lawsuit against the state of Arkansas, contesting a newly enacted law that mandates parental permission for minors to create social media accounts.

NetChoice, the trade group comprised of companies like Meta (the parent company of Facebook), TikTok, and Twitter, lodged a federal lawsuit against the legislation signed by Republican Governor Sarah Huckabee Sanders in April. The law necessitates social media companies to collaborate with third-party vendors to conduct age verification checks on new users. This requirement is slated to go into effect on September 1.

According to the lawsuit, the trade group argues that this new obligation violates the constitutional rights of users and discriminates against certain types of speech that would be subject to restrictions.

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“The law known as S.B. 396 imposes burdensome obligations on ‘social media companies’ that excessively impede both minors’ and adults’ First Amendment rights to express, listen, and associate freely, without government interference, on the widely utilized online platforms it encompasses,” stated the lawsuit.

Arkansas’ law resembles a pioneering regulation that was enacted earlier this year in Utah, but it will not be enforceable until March 2024. In the previous year, NetChoice initiated legal action against a California law that required tech firms to prioritize children’s safety by forbidding them from profiling or using personal information in ways that could harm children physically or mentally.

Republican Attorney General Tim Griffin, the defendant named in the lawsuit, expressed his anticipation of “vigorous defense” of the law.

This legal challenge emerges at a time when social media companies are facing increased scrutiny regarding the impact of their platforms on the mental health of teenagers—an issue Governor Sanders cited while advocating for the legislation. Sanders declared her confidence in Griffin’s ability to defend the law.

“For years, social media companies have taken advantage of children, with proven negative effects on their mental health,” stated Sanders in a press release. “I made a promise to hold Big Tech accountable in order to protect children and empower parents.”

Last month, U.S. Surgeon General Vivek Murthy cautioned that there is insufficient evidence to establish the safety of social media for children and teenagers, calling on tech companies to promptly take action to safeguard children. On Tuesday, Meta (formerly Facebook) announced the implementation of new parental supervision tools and privacy features on its platforms.

Earlier this year, the state of Arkansas filed lawsuits against Meta and TikTok, alleging that these social media companies misled consumers about the safety of children on their platforms and the protection of users’ private data.

Arkansas’ restrictions will apply solely to social media platforms generating over $100 million in annual revenue. Certain platforms, including LinkedIn, Google, and YouTube, are exempt from these regulations.

The lawsuit contends that the distinctions made in the legislation between platforms required to adhere to age verification requirements and those exempt from it “lack logical or practical sense.”

Social media companies found to be knowingly violating the age verification requirement may be subject to a fine of $2,500 per violation under the new law. The law also forbids social media companies and third-party vendors from retaining users’ identifying information once they have been granted access to the platform.

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More about social media accounts

• NetChoice
• Arkansas Law Requiring Parental Permission for Minors’ Social Media Accounts
• Utah’s First-in-the-Nation Social Media Law
• U.S. Surgeon General Vivek Murthy’s Call for Action to Protect Kids
• Meta (formerly Facebook)
• Governor Sarah Huckabee Sanders
• Social Media Regulations and Concerns
• Tech Industry Trade Group
• Constitutional Rights