Landmark Child Safety Legislation Passed in the US

On Tuesday, the US Senate approved a comprehensive social media safety package aimed at compelling tech companies to enhance protections for children. This marks the first significant legislation taking aim at Silicon Valley in years.

Leading social media platforms like Meta and X have come under fire for failing to implement safeguards against online threats to children, such as exposure to sexual predators and content related to teen suicide.

In a rare display of bipartisan agreement during a contentious election season, the Kids Online Safety Act (KOSA) and the Children and Teens’ Online Privacy Protection Act (COPPA 2.0) were overwhelmingly endorsed, with only three dissenting votes.

Despite this strong show of support, the bills still face an uncertain future in the House of Representatives, where Republican Speaker Mike Johnson has expressed general support for the measures but has not yet scheduled a vote.

Senate Majority Leader Chuck Schumer hailed the passage of the bills as a significant milestone, stating, “Today is a momentous day. The Senate fulfills its promise to every parent who has suffered the loss of a child due to the risks associated with social media.”

While there is widespread acknowledgment within the politically divided Congress about the need to address the negative impacts of social media, consensus on the best approach has remained elusive.

The legislation was developed in consultation with parents of teenagers who have experienced cyberbullying or sexual exploitation, but it has encountered opposition from some free speech advocates who fear it could result in censorship.

– Upholding a ‘Duty of Care’ –

With members of the House currently on summer break and likely to focus on averting a government shutdown upon their return in September, Senator Schumer urged swift action on the bills, calling on lawmakers to “seize the opportunity to advance them to the president’s desk.”

KOSA would establish a framework that places a “duty of care” obligation on online platforms, requiring them to implement specific measures to shield minors from harmful content.

Backed by tech giants like Microsoft, X, and Snap, which owns Snapchat, the legislation would mandate companies to create a dedicated reporting mechanism for users to flag harmful content, including instances of sexual exploitation, cyberbullying, suicide promotion, and eating disorders.

In January, Meta CEO Mark Zuckerberg publicly apologized to the families of victims during a Senate Judiciary Committee hearing, as lawmakers grilled tech executives about the risks faced by children on social media platforms.

– Concerns Over Potential Censorship –

Initially opposed to the bill, seven LGBTQ advocacy groups reversed their stance after revisions were made to address worries that teenagers might be restricted from accessing information related to gender identity, sexuality, and reproductive health.

Conversely, organizations advocating for free speech, such as the American Civil Liberties Union (ACLU), have raised concerns about the bill’s broad definition of harm, cautioning that it could pave the way for censorship.

Jenna Leventoff, senior policy counsel at the ACLU, stated, “KOSA contributes to the nationwide assault on young people’s right to learn and access information, both online and offline.”

Evan Greer, director of Fight for the Future, highlighted that KOSA could potentially enable extensive censorship of any content labeled as harmful to children by an administration.

COPPA 2.0 aims to strengthen the regulations established in 1998, during the early phases of the internet.

It seeks to impose privacy standards for Americans under the age of 17 and prohibit targeted online advertising directed at children and teenagers, while mandating companies to allow users to delete personal data.

Schumer stressed the urgency of passing the bills in light of the prevalence of harmful content and data exploitation affecting children, urging, “With children spending more time on social media than ever before, the time is ripe to enact KOSA and COPPA to safeguard them from such risks.”

AFP