Tenn. Bills Restricting Kids on Social Media Near Floor Votes
Tennessee Gov. Bill Lee (R) aims to avoid industry litigation that has stymied kids’ social media laws in other states, his aide told a Tennessee House committee during a hearing Tuesday on an administration-sponsored bill requiring parental consent for kids younger than 18 on social networks. But afterward, Computer & Communications Industry Association State Director Kara Boender told us her group “still [has] concerns surrounding the bill's provisions.”
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The House Commerce Committee voted by voice to support HB-1891, which would take effect Jan. 1. The Senate Commerce Committee later Tuesday voted 7-1 to approve a companion bill (SB-2079). Those committee approvals mean the bills could soon see floor votes.
On an earlier voice vote, a Tennessee House panel rejected a Democratic motion that would punt the bill to a summer study committee. Rep. Bob Freeman (D) said he made the motion because, while the bill is a “great idea,” he has “so many questions” about how companies will implement it. The legislation leaves too much to industry, Freeman said.
The social media bill’s lack of prescription is by design, responded Hannah Richardson, the governor’s legislative liaison. “We feel like we have to leave it up to the companies because we are seeing in other states, where they are being very prescriptive on the companies on how to do it, they are getting sued, and it’s not standing up in court.” Tennessee seeks to follow the model of Louisiana, the only one of the five states with such laws that hasn’t been sued, Richardson added.
It doesn’t matter “how tight” a bill is written, replied Rep. Joe Towns (D). “Someone still can sue you.” Similarly, Rep. John Clemmons (D) sounded skeptical. "This administration is being naive when it comes to trusting social media platforms with the data of my children." However, the committee’s majority Republicans supported the bill. Rep. Ryan Williams (R) sees the proposed restriction as a "small thing we can do to help stem the mental health crisis in our state among youth." Rep. Patsy Hazlewood (R) likes that that bill will encourage parents to be more proactively involved.
CCIA opposes the House and Senate bills, which would require companies to collect more personal information about users for age verification, Boender said later. “The age verification and parental consent requirements raise concerns regarding data privacy.” Also, prohibiting social media companies or third parties from retaining data used for age verification or parental consent would make it difficult for them to prove compliance later if their decision is challenged.
Senate Minority Leader Raumesh Akbari (D) cast the lone nay on SB-2079 at her chamber’s Commerce Committee hearing. Parents “should monitor their child,” said Akbari, adding that the bill would add a barrier for adults to access social media.
Kids' social media bills are advancing in other states, too. The Colorado House voted 54-7 on Monday in favor of HB-1136, which would require the state’s education department to create elementary and secondary school curricula on social media’s mental health issues. In addition, it would require social media platforms to display pop-up warnings to users younger than 18 when they spend more than one hour on a platform during a 24-hour period and when they are on social media between 10 p.m. and 6 a.m. The bill will go to the Senate.
A Florida kids’ social media bill still awaits the signature of Gov. Ron DeSantis (R). He “will review the legislation in its final form once it is delivered to our office,” a spokesperson said Tuesday. DeSantis signaled Friday that he was likely to sign HB-3 (see 2403080063). The bill would ban 14- and 15-year-olds from having accounts unless they have parental consent, while totally banning kids 13 and younger regardless of parents’ approval.