Georgia recently became the focal point of a legal battle over its newly enacted social media law, which mandates parental consent for minors to access online platforms. The legislation, set to take effect on July 1, faces a federal court challenge by NetChoice, a technology industry trade group aiming to prevent its implementation.
This legal confrontation reflects a broader national debate over the balance between protecting youth from potential harm associated with social media and upholding constitutional free speech rights. In other states such as Arkansas and Ohio, similar laws have been struck down by federal judges. Meanwhile, Utah’s implementation has been temporarily halted, and legal proceedings are ongoing in Florida, Louisiana, Mississippi, and Tennessee.
The escalating battle is part of a larger discourse prompted by growing concerns over the alleged negative impact of social media on children and teens. Proponents of parental consent laws argue for increased safety measures, while opponents, including industry representatives like NetChoice, stress the importance of maintaining unrestricted access to online speech.
Paul Taske, NetChoice’s Associate Director of Litigation, stated that Georgia’s legislation infringes upon constitutional rights by restricting access to online speech and mandating the disclosure of private information. “It’s our goal to ensure that online communication in Georgia remains both safe and freely accessible,” Taske emphasized.
NetChoice filed a lawsuit requesting U.S. District Judge Amy Totenberg to strike down the law on grounds that it violates First Amendment free speech rights and the 14th Amendment’s due process provisions. Despite the legal challenge, Georgia officials, including Attorney General Chris Carr, express their commitment to defending the statute. Carr criticized the industry’s decision to litigate rather than collaborate on child safety initiatives.
Republican state Senator Jason Anavitarte, who championed the bill, reiterated his dedication to empowering parents with tools to safeguard their children’s online interactions. Meanwhile, Krista Chavez, representing NetChoice, clarified that their lawsuit does not challenge another component of the law concerning age verification for users accessing online pornography.
Under the soon-to-be-enforced Georgia law, social media companies are required to undertake “commercially reasonable efforts” to verify users’ ages by the July deadline. For users unable to verify their age, platforms must assume they are minors, necessitating parental consent for children under 16. Additionally, companies face restrictions regarding the customization of ads and the collection of data on young users—a stipulation that NetChoice contends is illegal.
Currently, social media companies adhere to federal rules, barring children under 13 from account creation. Despite these measures, evidence suggests that many youngsters are adept at bypassing such restrictions. Research from the Pew Research Center indicates that 95% of teens between the ages of 13 to 17 use social media, with over a third of them reporting almost constant use.