TALLAHASSEE — The Florida Legislature and social media giants are clashing in a high-stakes battle over whether children should be barred from some of the most popular platforms on the web, a fight that could ultimately land in court.

Lawmakers want to stop children under 16 from creating accounts on social media sites like Facebook and TikTok, likening those apps to casino gambling, cigarette smoking and drinking.

Florida House Speaker Paul Renner cited mounting concerns that social media is hurting the mental health of young people. He accused social media companies of hooking children with addictive features in pursuit of profit.

“This is no different than opioids,” the Palm Coast Republican said. “This is no different than tobacco. It rings very, very similarly to me, where companies are knowingly putting forth a harmful product that is taking the lives of young people, and they are doing nothing to stop it. That’s why we’re going to act.”

U.S. Surgeon General Dr. Vivek Murthy warned in May that social media can pose a risk to children’s well-being. His advisory notes potential benefits of social media, such as fostering a sense of community, but also harms that span from cyberbullying to content that perpetuates body dissatisfaction.

But research isn’t settled on social media’s effect on children’s mental health. Experts say the issue is complex, involves a multitude of factors and can vary by person. The American Psychological Association concluded, “Using social media is not inherently beneficial or harmful to young people.”

A tech industry trade group is opposing the restrictions in Florida and other states that have recently passed similar bills.

“This proposal both demands massive data collection on almost every citizen while violating their rights to speak online,” said Carl Szabo, vice president and general counsel of NetChoice, which includes social media companies in its membership. “A few courts have already ruled similar laws unconstitutional. Lawmakers must educate teens and empower parents — not ban speech.”

The legal problems are twofold, according to NetChoice. Barring minors from using social media imposes “a blanket restriction on access to constitutionally protected speech,” according to NetChoice’s written testimony to lawmakers. It also burdens adults with having to prove their age to exercise their free speech rights on social media, the group wrote.

Similar laws in Arkansas and Utah are being challenged in the court. In a separate matter, Florida is facing off with Big Tech over a 2021 law that seeks to block social media companies from banning political candidates. The U.S. Supreme Court has agreed to weigh in on that law.

No parental override 

Florida’s proposal (HB 1) requires social media companies to use a third-party age-verification system to screen out users under 16 and terminate underage accounts. The bill says personal information cannot be retained once a person’s age is verified.

Most platforms presently set the minimum age to create an account at 13, although research has found nearly 40% of children ages 8 to 12 use social media, according to the surgeon general’s report.

Up to 95% of children ages 13 to 17 reported using a social media platform, and more than a third said they use social media “almost constantly,” the report found

The legislation requires disclosure statements for users 16 and 17 years of age, which would include information on potentially addictive features and resources for suicide prevention.

Not all lawmakers are embracing the regulations. Rep. Ashley Gantt, D-Miami, said it could undermine parental rights and block child social media influencers from generating income for their families.

“We talk about parental rights here in the state of Florida,” she said. “It just feels like the government is now telling parents that ‘no, you don’t really have the ability to make the ultimate decision in your children’s lives,’ particularly when it comes to social media.”

But Rep. Tyler Sirois, R-Merritt Island, said the state has a compelling reason to keep children away from social media.

“We don’t allow our kids to go into casinos,” he said. “We don’t allow our 11-year-olds to buy alcohol. There is no parental consent you can sign to let your kids go into a liquor store.”

Politicians on both sides of the aisle are calling for action. Rep. Michele Rayner, a progressive Democrat from St. Petersburg, is championing the social media bill.

At a hearing on Wednesday, Gen Z college students told lawmakers that social media helped them when they were younger by connecting them to a community support network.

“I am concerned for the children who wouldn’t be able to access social media specifically for resources — resources to help them if they are LGBTQ+, in abusive spaces or suicidal,” said Matthew Grocholske, a student at Rollins College.

Under the proposal, social media companies that violate the law could be punished by fines up to $50,000 per violation, and parents could also bring a lawsuit recouping up to $10,000 per violation.

Lawmakers are also targeting online pornography with a separate measure (HB 3) that would require third-party age verification for sexually explicit websites to block users under 18.

‘Profound risk of harm’

The surgeon general’s advisory called for more research to better understand the effects of social media on the youth.

“[T]he current body of evidence indicates that while social media may have benefits for some children and adolescents, there are ample indicators that social media can also have a profound risk of harm to the mental health and well-being of children and adolescents,” the advisory states.

Studies have shown a “statistically significant, though very small, association between more time on social media and worse mental health,” but it’s a complex issue with many factors involved, according to Jacqueline Nesi, a Brown University professor and one of the leading experts on the topic.

“[T]eens use and are affected by social media in very different ways, based simply on who they are, and their individual strengths and vulnerabilities,” she wrote in an online article. “For some teens, social media does have a mostly negative impact on their mental health. For others, it’s mostly positive. And for most, it’s a mix of positive and negative.”

NetChoice has its own plan for combatting potential social media harm, including developing a digital safety curriculum for children and equipping law enforcement with more resources to combat the abuse of children online.

But Rayner said more needs to be done to hold social media companies accountable

“This is about their pockets,” she said. “In the state of Florida, we are saying enough is enough. You are not going to build a business on the backs of our children and harming our children.”