Florida Drops the Hammer! NEW Social Media and Age Verification Law kicked into effect on January 1st, 2025!
The Sunshine State has 10 new laws that went into effect on January 1st, 2025.
This post is about one of those new laws, HB 3. It was passed for two main purposes. First, it require those accessing adult content to verify they are of legal age, more on this later. Second, it was designed to put social media protections in for minors. Though this is now in effect, Florida is holding off on enforcement until February of this year.
Here's the details on minors and social media:
1. Minors under 14: You CAN'T have a social media account. PERIOD. If you're under 14, your account is toast. Social media companies are supposed to delete them.
How are they going to verify ages?
Well, that's the million-dollar question.
2. Minors 14-15 years old: You need MOM or DAD's OKAY to be on social media. No consent, no account.
Imagine the conversations at the dinner table now. "Can I have TikTok, please?"
3. What's "Social Media": It's not just the big names. If your app has infinite scrolling, those sneaky push notifications, or feeds you content based on algorithms, you're probably under the gun.
This law in the Sunshine State has got teeth, and it's biting at the ankles of Big Tech.
4. Privacy and Rights: Here's where it gets spicy. Privacy advocates are up in arms. How do you verify age without turning into Big Brother? And what about free speech?
It's already being dragged into court over First Amendment issues.
First Amendment Fight: The law's in the crosshairs for potentially trampling free speech.
AG Moody's Move: Last month, AG Ashley Moody's office said, "Hold up, we're not enforcing this on the big platforms just yet." They're waiting for a judge's call on whether to hit the brakes with a preliminary injunction.
Court Date: Mark your calendars for late February. That's when we'll see fireworks in the courtroom.
5. Enforcement: How's this going to work? Companies could face HUGE fines if they don't comply. But how do you police this? It's like trying to catch smoke with a net.
And what about VPNs? Or kids just lying about their age?
This will definitely be tough to enforce. Most social media platforms already state in their policies that children younger than 13 aren’t allowed to create accounts. But the new Florida law REQUIRES these platforms to actually verify the age of its users. It leaves it up to the companies to determine how to meet the requirements. If a social media platform is found in violation, the state Department of Legal Affairs may fine the platform up to $50,000 per violation. Parents or caregivers could also file lawsuits against the platforms.
6. The Big Picture, and the BIG Question: Is this protecting our kids, or is it government overreach? We don’t need schools trying to parent our kids, do we need Big Bro trying to be parents as well? Are we saving minor children from the dark side of social media, or are we just setting up a new battleground for privacy rights?
Trust me, this is just the beginning. We'll see a lot more on this.
So, buckle up, Florida. Your kids' social media life just got a LOT more complicated.
HB 3 primarily applies to “social media platforms,” which are defined as online forums, websites, or applications that:
allow users to upload content or view the content or activity of other users;
have 10 percent or more of daily active users younger than 16 years old spending on average at least two hours per day on the days when using the platform during the previous 12 months (or previous month, if the platform did not exist during the previous 12 months);
employ algorithms that analyze user data or information about users in order to select content for users; and
have one or more of the following “addictive features”:
infinite scrolling;
push notifications or alerts;
personal interactive metrics indicating the number of user clicks to indicate a reaction (e.g., likes) or the number of times content was shared;
autoplay videos; or
livestreaming.
What about Age Verification for Adult Content?
Florida's HB 3 isn't just about keeping the kiddos off TikTok. It's also about making sure adults are the only ones getting a peek at adult content. Here's the scoop:
HB 3 Mandates: If you're running a website or app that's known for dishing out "material harmful to minors," you better have a system in place to verify that your visitors are 18 or older. This means age verification is not just a suggestion; it's the law.
Age Verification: The law talks about using "anonymous" methods to check ages, but don't hold your breath for details on how this'll work because, frankly, it's still up in the air.
Defining "Harmful to Minors": The law gets pretty specific here. Material is considered harmful if it appeals to prurient interests, depicts sexual conduct in a patently offensive way, and lacks any serious value for minors. Think of it as the legal definition of what you probably already think of as "adult content." This has also been a focal point for debate in Florida, where efforts have been made to exclude books deemed "Harmful to Minors" from public school libraries, while still ensuring these materials are readily available for adults to purchase or borrow from the adult sections of public libraries.
Penalties: Mess this up, and you're looking at hefty fines - up to $50,000 in civil penalties, plus damages to minors could hit $10,000 per incident. And if you're a repeat offender? Brace for punitive damages.
Now, let's zoom out a bit. Florida isn't alone in this crusade. Other states have jumped on the bandwagon:
Similar Laws Across States: Texas, Louisiana, Utah, Montana, Mississippi, North Carolina, Arkansas and Virginia have all passed laws requiring age verification for adult sites. Georgia recently approved its own social media ban bill. Arkansas also passed a social media ban for minors. However, a federal judge blocked the law’s enforcement in 2023
Pornhub's Response: In states like Texas, Utah, Arkansas, Virginia, Montana, and North Carolina, Pornhub has decided to flip the switch to "off" rather than deal with the legal headache. If HB 3 sticks, expect Pornhub to break up with the State of Florida too.
So, while Florida's trying to make the internet a bit less wild for the under-18 crowd, they're not alone. This trend is spreading like wildfire across the U.S., with each state putting its own twist on how to keep the adult content adult-only. Remember, this isn't just about social media anymore; it's about the whole digital playground.
For those of us watching, this is one heck of a social experiment. Keep your eyes peeled. This story's far from over.
