Protecting Kids From Social Media Act Explained

Short Title:Protecting Kids From Social Media Act
Legislature:Signed on May 2, 2024 by governor
Long Title:HB 1891
Enacted By:January 1, 2025
Status:not yet in force

Protecting Kids on Social Media Act or HB 1891 is an American law that was created by William Lamberth of Sumner County, Tennessee and was later enacted by Tennesse's Governor on May 2, 2024.[1] [2] [3] The bill requires social media websites such as X, YouTube, TikTok, Facebook and others to verify the age of users and if those users are under 18, they must have Parental Consent.[4]

Progress

The Bill passed the Tennessee State Legislature with little opposition: the bill had only two no votes in the House the two no votes were from Aftyn Behn and Vincent B. Dixie and had zero no votes in the Senate.[3]

Bill summary

Every social media company must verify the age of new users after the bill takes effect and if the user had created an account before the bill took effect, they must verify the age of the person attempting to access the account within 14 days and if the new user or the user is under 18 years of age. After age verification and parental consent if the user is under 18 is done the third party or social media company must not retain the data from the process. Parents who are account holders of those under 18 can view the privacy settings, set daily time restrictions, and implement breaks during which the minor cannot access the account. The bill is enforced by the Attorney General of Tennessee and takes effect January 1, 2025.[1]

Lawsuit

On October 3, 2024, the trade association NetChoice filed a lawsuit against Tennessee Attorney General Jonathan Skrmetti in the Middle District Court of Tennessee, claiming that the law violates the First Amendment.[5] [6] [7] The Judge for the case is William L. Campbell Jr.[8]

Notes and References

  1. Web site: Bill in Tennessee would require parental consent for kids to have a social media account. Jordan. Karnbach. January 25, 2024. WTVC.
  2. Web site: HB1891.pdf (tn.gov).
  3. Web site: Tennessee General Assembly Legislation. wapp.capitol.tn.gov.
  4. Web site: McCullough . Erin . 2024-05-03 . Gov. Bill Lee signs social media age verification bill into law . www.wkrn.com.
  5. Web site: Tech Group Netchoice Targets Tennessee Kids' Social Media Law (1). Bloomberg Law.
  6. Web site: Federal lawsuit: Tennessee's social media age verification law violates First Amendment. Vivian. Jones. USA TODAY.
  7. Web site: NetChoice MISO Motion for Prelim Injunction.docx. NetChoice.org.
  8. Web site: NetChoice v. Skrmetti (3:24-cv-01191), Tennessee Middle District Court. pacermonitor.com.