Strict social media ban implemented in Florida: what’s in it?

In a move closely watched elsewhere in the country, the state of Florida is now severely restricting access to social media for minors. Parents say they’re extremely happy – but challenges lie ahead.

The legislation, in effect since January 1st, restricts children under 16 from opening social media accounts on certain platforms, though teens aged 14 and 15 can create or keep accounts with parental or guardian permission.

Governor Ron DeSantis signed the law in March 2024. It also requires platforms such as Facebook, Instagram, and TikTok to terminate accounts for minors under 16 and provide additional termination options for users.

Simply put, the law targets platforms with addictive and harmful features like infinite scroll. Florida is also targeting data-gathering algorithms.

“The way this bill is structured, it is not engaging in any regulation of speech. It is basically identifying functionality that is causing harm. The addictive features,” said DeSantis.

The state has left it to the platforms to determine how to enforce the new rules. But Florida can punish firms for not following the regulation, and parents can sue. Companies could be fined $50,000 per violation.

However, experts say that enforcement will not begin until at least February as the legal challenges questioning the law’s constitutionality are ongoing. Part of the law has been challenged on First Amendment grounds.

Two internet groups, NetChoice and the Computer & Communications Industry Association, filed a legal challenge in October in Tallahassee and asked a federal judge to block Florida from enforcing the new law.

“In a nation that values the First Amendment, the preferred response is to let parents decide what speech and mediums their minor children may access – including by utilizing the many available tools to monitor their activities on the internet,” the groups, representing large tech companies, wrote in their lawsuit.

Besides, even if the law's proponents hope that most kids in Florida will suddenly go app-less and enjoy life, teenagers are tech-savvy enough to find a way around the restrictions.