The Senate is anticipated to approve a bill on Tuesday aimed at shielding children from harmful online content, marking Congress’s first significant move in decades to hold tech companies more responsible for the damage they cause. Backed by a broad bipartisan coalition, the bill has been championed by parents of children who took their lives following online bullying incidents. Its objective is to compel companies to take reasonable measures to prevent harm on platforms frequently used by minors, requiring them to uphold a “duty of care” and prioritize the safest settings by default.
Democratic Sen. Richard Blumenthal of Connecticut and Republican Sen. Marsha Blackburn of Tennessee collaborated on the bill, emphasizing the significance of empowering children, teenagers, and parents to regain control of their online lives, diminishing reliance on tech companies for decision-making.
Although the House has yet to address the bill, Speaker Mike Johnson of Louisiana has committed to reviewing and seeking consensus on it. Supporters are hopeful that a significant Senate vote, as indicated by a successful test vote last week with an 86-1 outcome, will prompt action in the House.
The proposed legislation mandates that companies take steps to mitigate harm to children, including bullying, violence, promoting suicide, eating disorders, substance abuse, sexual exploitation, and illegal product advertisements such as narcotics, tobacco, or alcohol.
To achieve this, social media platforms would need to offer minors privacy protection options, disable addictive features, and opt-out choices from personalized recommendations. They would also need to restrict other users from contacting children and control features that promote prolonged platform usage, such as autoplay videos or rewards.
Blumenthal and Blackburn advocate for platforms to be designed with safety in mind. They have carefully crafted the bill to strike a balance where companies bear more responsibility for children’s online exposure while preventing excessive regulation on individual content postings to safeguard freedom of expression and mitigate legal challenges.
Although initial concerns were voiced regarding potential restrictions on LGBTQ+ and reproductive rights information accessibility, revisions have been made to address those issues, garnering support from major LGBTQ+ organizations for the legislation.
The bill signifies a significant advancement in tech regulation, a subject that has long enjoyed bipartisan support but lacked consensus on implementation. While earlier legislation targeted solely at TikTok’s parent company passed earlier this year, this bill marks a comprehensive approach toward tech regulation.
Despite varying stances from tech companies, some like Microsoft, X, and Snap have expressed support for the bill, while Meta, the parent company of Facebook and Instagram, remains neutral. Snap commended the bill, stressing its commitment to ensuring youths’ safety on Snapchat.
Apart from regulating harmful online content, the bill also includes updates to child privacy laws, raising the age limit for data collection from under 13 to 17. It further prohibits targeted advertising to teenagers and allows teens or guardians to delete minors’ information.
As the bill faced delays, Blumenthal and Blackburn collaborated closely with parents who have experienced tragic losses due to cyberbullying and other online harms, including challenges like extortion, eating disorders, and drug-related situations. At a poignant press conference, these parents lauded the Senate for advancing the legislation, believing it has the potential to save lives.
Maurine Molak, whose 16-year-old child died by suicide amidst severe cyberbullying, expressed confidence in the bill’s life-saving capabilities, urging every senator to support it. She emphasized prioritizing children’s well-being over the profit motives of tech giants in endorsing this historic legislation.