New Front in Fight Over Social Media Age Gating?

There’s a potential new front opening in the ongoing battle between states and the tech industry over minors’ access to social media, and it comes courtesy of Facebook and Instagram parent company Meta.

For the past couple of years states have been passing legislation requiring social media platforms to verify the age of their users and either obtain parental consent before allowing minors to access their content or deny them access altogether. The industry has pushed back—largely through the efforts of its “litigator-in-chief,” the trade association NetChoice—challenging the new “age-gating” laws in court and winning temporary injunctions against them. But state lawmakers haven’t backed down, vowing instead to continue fighting to protect “children from the harms of social media.”

With no end to that battle in sight—and nearly half of the states having considered social media age-gating measures this year—social media giant Meta has begun pushing in a different direction, advocating for legislation to shift responsibility for age gating to the app stores run by Apple and Google.

Meta sold Louisiana Rep. Kim Carver (R) on the idea earlier this year. The lawmaker included language requiring app store age verification as part of a proposal (HB 577) aimed at making the web safe for children.

The bill was passed unanimously by the House, but Carver stripped the app-store language from the measure when it was in the Senate, after Apple aggressively lobbied against the idea.

“I’d describe them as panicked,” Carver told the Wall Street Journal, saying Apple’s outreach was constant, “all day, every day.”

“At that point, I was like, ‘OK, we’re done talking.’”

The discussion nationwide, however, may just be getting started.

South Dakota to Consider Age Gating Next Year

South Dakota legislators recently asked their state’s Legislative Research Council to draft two age-gating bills for their 2025 legislative session that would put the responsibility for verifying users’ ages squarely on the shoulders of the ubiquitous app stores.

The request, made unanimously by the Study Committee on Artificial Intelligence and Regulation of Internet Access by Minors, came after legislators heard testimony from Meta advocating for the idea.

Meanwhile, U.S. Rep. John James (R-MI) has proposed age gating by app stores in HR 6149, the Protecting Kids on Social Media Act, which is languishing in Congress.

“Parents should approve their teen’s app downloads, and we support federal legislation that requires app stores to get parents’ approval whenever their teens under 16 download apps,” wrote Antigone Davis, Meta’s global head of safety, in a November 2023 blog post where the company first staked out its stance on who should be responsible for age gating on the web.

Tech Groups Fighting Back

Opponents of Meta’s proposal include big tech organizations like Computer & Communications Industry Association and NetChoice.

In a letter to South Dakota state lawmakers, Amy Bos, director of state and federal affairs at NetChoice, wrote, “NetChoice respectfully asks that you oppose legislative proposals which would mandate age verification at the app store level. If enacted, such proposals would almost assuredly violate South Dakotans’ First Amendment rights, weaken their privacy, and fail to keep kids safe online.”

Essentially both NetChoice and CCIA argue that placing the onus of age gating on app stores would result in the suppression of free speech, even in the name of attempting to protect children.

That isn’t the only reason for the opposition to app-store age gating, however. In November 2022, the App Association, which represents app developers, stated in a position paper that age-gating responsibilities would “entail a significant increase in data collection and security responsibilities for small developers,” suggesting such duties would be cost prohibitive for the industry.

Apple, it just so happens, funds a large portion of the App Association’s budget, according to a 2022 Bloomberg report.

Social Media Age-Gating Bills Considered in Nearly Half of States in 2024

This year at least 23 states have considered legislation that would require social media platforms to verify the age of users and restrict or deny the access of minors, according to the LexisNexis® State Net® legislative tracking system. Seven of those states have enacted such measures.

Issue Could Become Next Major Tech Battleground

To put it simply, with minors’ online safety growing as a top priority for policymakers across the nation, Meta has taken the bold step of trying to push that legislative concern onto other tech giants, specifically those that operate app stores, which, of course, is one of the few things Meta doesn’t do.

This, in turn, has sparked a sharp backlash from Apple, an equally powerful and deep-pocketed tech interest, which has so far been able to use its lobbying muscle to derail Meta’s plans.

But the fight in Louisiana seems to be just the initial skirmish in what could become a tech battle royale between social media companies, app store providers and state lawmakers to see who, ultimately, will be held responsible for protecting children from harmful content online.

It’s safe to assume neither group of tech giants wants that liability, suggesting this could become a costly and drawn-out legislative fight waged under numerous capitol domes all over the country.

—By SNCJ Correspondent BRIAN JOSEPH

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