Judge Allows Parental Consent for Children’s Social Media Accounts in Texas, But Blocks Content Moderation Requirement – ​​The Gilmer Mirror

“Judge allows parental consent for Texas children’s social media accounts, but blocks content moderation requirement” was first published by The Texas Tribune, a nonprofit, independent media organization that informs — and engages with — Texans about public policy, politics, government and statewide issues.

Sign up for The Brief, The Texas Tribune’s daily newsletter that keeps readers up-to-date on the most important news from Texas.

A federal district judge on August 30 temporarily blocked part of a new social media law that aims to prevent children in Texas from accessing certain online content through platforms like Instagram and Facebook.

Judge Robert Pitman found unconstitutional the requirement that social media companies filter harmful content, such as self-harm or substance abuse, from a minor’s feed. But Pitman did not block other parts of the law, including a requirement that parents give permission for a child to create an account.

The ruling is temporary, meaning it will only apply until a final ruling is made in a legal battle involving two tech industry groups, the Computer and Communications Industry Association and NetChoice, which filed a lawsuit in July to block the law. A separate lawsuit to block the law was filed by the Foundation for Individual Rights and Expression, a free speech advocacy group. A decision in that lawsuit is pending.

Here’s what you need to know.

The background: In 2023, Texas lawmakers passed House Bill 18, better known as the Securing Children Online through Parental Empowerment Act, to restrict minors’ access to social media platforms and protect them from harmful content if they do access them.

State Rep. Shelby Slawson, Republican of Stephenville, sponsored the bill, saying its goal was to give parents more control over how minors’ information is collected and used by digital service providers, companies that operate websites, applications, programs or software that collect or process personally identifiable information.

Lawmakers said children’s overexposure to digital platforms has resulted in higher rates of self-harm, suicide, substance abuse, sexual exploitation, human trafficking and other mental health issues. “Texas parents have had enough,” Slawson said in a statement after the bill passed a House committee.

The law requires digital service providers to get permission from a parent or guardian before allowing a minor to create an account. And it forces those companies to give parents the ability to monitor a minor’s use of the digital platform. The law also requires social media platforms to come up with ways to prevent children from being exposed to “harmful” material, such as content that promotes self-harm or substance abuse.

The parts of the law that are not blocked will go into effect on Sept. 1. The Texas Tribune reached out to Meta, TikTok and Snap Inc. to ask whether they would comply with the law. None of the companies responded to The Tribune’s request for comment, and it is unclear whether the companies will comply with the enforceable parts of the law.

Why FIRE filed a lawsuit: FIRE is filing the lawsuit on behalf of four plaintiffs: a software developer who uses Instagram to share content about mental health, a 16-year-old high school student who uses social media to get news, an Austin company that produces ads targeted to minors, and a student-run organization that works in policymaking. Each plaintiff relies on social media for communication and activism; they argue in their legal filing that age-verification laws could deny them access to vital information.

“In a misguided attempt to make the internet ‘safe,’ Texas law treats adults as children,” FIRE Chief Counsel Bob Corn-Revere said in a statement. “But even minors have First Amendment rights. Whether they’re 16 or 65, this law violates the rights of all Texans.”

Why CCIA and NetChoice filed a lawsuit: CCIA and NetChoice represent the interests of the communications and technology industries. Their members include Meta, X, Google and eBay.

In their legal filing, the plaintiffs argue that HB 18 is unconstitutional and violates the First Amendment right to free speech because it forces websites to monitor and remove certain types of speech and restricts minors’ access to lawful speech.

Plaintiffs argue that parents already have tools to regulate whether and how their minor children use the Internet and that the companies they represent effectively moderate their content.

The legal filings were largely based on CCIA and NetChoice’s recent complaint against House Bill 20, a 2021 Texas law that would ban major social media companies from blocking users’ posts based on their political views.

“As in the last attempt, Texas has passed a law that targets disadvantaged online publishers and their dissemination of protected, valuable expression online,” the filing said.

What the state says: Attorney General Ken Paxton, named as a defendant in both lawsuits, did not respond to The Texas Tribune’s request for comment.

Broader impact: HB 18 is part of a growing number of state bills that attempt to regulate how social media companies moderate their content. The outcome of this case could impact ongoing cases in Texas and other states. Other states that have attempted to pass similar legislation, including Mississippi, Ohio and California, have so far been blocked by the courts.

Disclosure: Facebook and Google are financial supporters of The Texas Tribune, a nonprofit, nonpartisan news organization funded in part by donations from members, foundations and corporate sponsors. Financial supporters play no role in the Tribune’s journalism. A full list of them can be found here.

The full program is now LIVE for the Texas Tribune Festival 2024taking place September 5-7 in downtown Austin. Discover the program of over 100 unforgettable conversations on topics such as education, the economy, Texas and national politics, criminal justice, the border, the 2024 election, and much more. View the full program.

This article originally appeared in The Texas Tribune at https://www.texastribune.org/2024/07/30/texas-social-media-law-parents-minors/.

The Texas Tribune is a member-supported, nonpartisan newsroom that informs and engages Texans in the state’s politics and policy. Learn more at texastribune.org.