Wisconsin's Stalled Efforts to Regulate Social Media for Minors

In Wisconsin, two proposed bills aimed at regulating minors' access to social media platforms have stalled in the state legislature. These bills sought to implement age-verification requirements for apps like Instagram, Snapchat, and Facebook, reflecting a growing concern about the impact of social media on young people's mental health. The bills garnered bipartisan support in the Assembly but failed to advance in the Senate before the legislative session concluded in early 2023. The stalled legislation comes amid increasing scrutiny of social media companies following legal rulings in New Mexico and California, which found Meta and Google liable for harming children's mental health.

Isthmus

The first bill, authored by Representative Joy Goeben, would require app stores to implement age-verification methods, necessitating parental approval for minors to download apps. A second bill aimed to enforce similar verification for individual social media platforms, prohibiting targeted marketing to minors and requiring the highest privacy settings for their accounts unless parents consented otherwise. Democratic Senator Kelda Roys also proposed legislation that would mandate social media platforms to adopt age verification methods approved by the Wisconsin Department of Justice, such as photo ID uploads. Roys emphasized the need for regulation, stating, “We've basically conducted a 15- to 20-year experiment on a generation of young people that did not give permission to be guinea pigs.”

IsthmusEarly Lessons from Australia's Teen Social Media Ban for the Rest of the WorldKAAL - Austin News

Despite the legislative efforts, significant opposition exists from trade groups like NetChoice, which represents companies such as Meta and Snapchat. Critics argue that the proposed regulations could infringe on First Amendment rights and compel platforms to collect sensitive data on users. The American Civil Liberties Union (ACLU) of Wisconsin has also expressed concerns about the implications for free expression and privacy. Legal challenges have already emerged in other states, where courts have struck down similar age verification laws, citing violations of constitutional rights.

Isthmus

The stalled efforts in Wisconsin reflect a broader national trend, with various states considering similar regulations. In February 2023, 40 state attorneys general called for the U.S. Senate to pass the Kids Online Safety Act, which would require companies to take steps to protect minors from online harms. This legislative push is occurring alongside international developments, such as Australia's recent social media ban for users under 16, which has faced its own compliance challenges.

Isthmus

As the conversation around minors' online safety continues, Wisconsin's legislative landscape may evolve, particularly in light of ongoing legal battles and public concern over social media's impact on youth. The outcomes of these discussions could set precedents for future regulations across the United States, as lawmakers seek to balance the protection of minors with the rights of users and the operational realities of social media platforms.

Isthmus

• “I think the verdicts provide political tailwind for [state-level] age-verification requirements,” — Nikolas Guggenberger, Professor of Law

Isthmus

• “We've basically conducted a 15- to 20-year experiment on a generation of young people that did not give permission to be guinea pigs,” — Kelda Roys, Democratic Senator

Isthmus

• “This [bill] creates strong incentives for platforms to collect sensitive identifying information about all Wisconsin users — including minors,” — Amy Bos, Vice President of Government Affairs, NetChoice

Isthmus

• “[The law] restricts access to a vast universe of speech by requiring Texans to prove their age before downloading a mobile app or accessing paid content within those apps and requires minors to obtain parental consent,” — U.S. District Court Judge Robert Pitman

Isthmus

The future of social media regulation in Wisconsin remains uncertain as stakeholders navigate the complexities of protecting minors while respecting constitutional rights.

Isthmus