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Georgia youth social media law approved by judges
The 11th Circuit Court of Appeals ruled that Georgia can enforce Senate Bill 351, allowing the state to mandate age verification and parental consent for social media users under 16 despite tech industry First Amendment challenges.
ATLANTA - Georgia can enforce a new law requiring social media platforms to verify users' ages, a panel of federal appellate judges ruled Thursday.
Senate Bill 351 mandates users who are under 16 get their parents' permission to sign up.
The trade group NetChoice, made up of tech companies like Meta, Google, and Amazon, sued Georgia Attorney General Chris Carr over the law.
What we know:
The 11th Circuit Court of Appeals allowed Senate Bill 351 to move forward after tech giants including Meta, Amazon, and Google challenged the legislation.
NetChoice, the trade association representing the companies, sued Georgia Attorney General Chris Carr to block the law.
NetChoice alleged an infringement of privacy and free speech.
"Placing a burden on access to speech in the first instance is a First Amendment problem," said Paul Taske, NetChoice litigation director. "It is really a digital ID mandate for everyone in the state of Georgia to prove that they either are or are not under the age of 16."
Under the statute, social media companies face potential fines if they fail to make reasonable efforts to verify that users are older than 16 or have parental consent.
"I think it's the right ruling," said David Schweidel, Emory University Goizueta Business School business tech professor. "We've heard ample evidence. We've seen ample research that social media, for minors is detrimental to their well-being."
The other side:
NetChoice contends that SB 351 creates free speech and privacy risks for residents across the state. The group argues that requiring age verification forces users of all ages to verify their identities online to access content.
"The speech at issue is fully protected speech for everyone, regardless of age," Taske said.
By the numbers:
Under the legislation, platforms must secure parental permission before allowing children under 16 years old to sign up for services.
Attorney General Chris Carr wrote in a brief to the 11th Circuit that platforms already possess the technology required to carry out the verification requirements.
"This is a major win for Georgia families and a huge blow to those who would stand in the way of commonsense solutions to protect our kids," said Carr in a statement emailed after Thurday's ruling. "We have said before — it shouldn’t take lawsuits, investigations or legislation to do the right thing. This is about keeping our children safe from online predators and mental health harms. Nothing is more important."
The appellate judges determined that NetChoice failed to present evidence demonstrating that the law was unconstitutional.
"It’s going to hit their user base," Schweidel said. "We can make the free speech arguments. We can talk about the privacy risks. But at the end of the day, that's what these companies are looking for. They are looking for users from whom they can collect data and ultimately serve ads."
What's next:
Carr stated the appellate ruling paves the way for Senate Bill 351 to take full effect, while NetChoice indicated it is currently evaluating its next legal options.
"As we evaluate our next legal steps, we remain committed to fighting for Georgians’ right to free expression online and ensuring parents, not the government, stay in charge of decisions for their families," NetChoice said.
The legal challenge now returns to a U.S. district judge in Atlanta.
The Source: This article is based on original reporting by FOX 5’s Rob DiRienzo. Additional information was sourced from NetChoice, the 11th Circuit Court of Appeals, the Office of the Georgia Attorney General, and Emory University’s Goizueta Business School.