Arkansas’ Age Limit on Social Media: Protection or Confusion?

Sections of this topic

    We’re diving into the recent Arkansas bill that imposes age restrictions on social media usage. 

    In this article, we’ll explore the bill’s goals and features, compare it with Utah’s similar legislation, and examine which platforms may be affected, as well as privacy concerns and enforcement challenges.

    Key Takeaways:

    • Arkansas becomes the second US state to impose minimum age restrictions on social media.
    • The new bill has specific definitions of a social media company, possibly affecting only Facebook, Instagram, and Twitter.
    • Enforcement of the new restrictions raises questions about user privacy and practical implementation.

    The Social Media Safety Act: Aims and Features

    Arkansas has recently become the second US state to implement minimum age restrictions on social media. 

    Governor Sarah Huckabee Sanders signed the new bill, known as the Social Media Safety Act or SB 396, into law. 

    The purpose? To protect young people in the online world.

    Effective from September, the law requires that minors (under 18 years old) must have consent from their parents or guardians before opening a new social media account. 

    The Social Media Safety Act aims to give parents more control over their kids’ digital interactions and make online spaces safer for the younger generation.

    Comparing Utah and Arkansas’ Social Media Regulation Acts

    It’s important to note that Arkansas isn’t the first state to take such action. 

    Last month, Utah signed its Social Media Regulation Act into law, which has some similarities to Arkansas’ legislation. 

    Both laws require users to be at least 18 years old to create a new social media account and place the responsibility on social media companies to verify users’ ages using personal information and government-issued ID.

    Despite their common goals, Arkansas’ bill features specific definitions and exemptions, which has caused some confusion about which platforms will be affected.

    The Specifics: Which Platforms Might be Affected?

    Arkansas’ Social Media Safety Act has an unusually precise definition of what constitutes a social media company. 

    These definitions, along with certain amendments, might mean that the law only applies to Facebook, Instagram, and Twitter.

    Some of the last-minute amendments to the bill outline exceptions for what counts as a “social media company.” 

    For instance, companies exclusively offering interactive gaming, virtual gaming, or related content uploading services aren’t counted, potentially excluding platforms like Amazon-owned Twitch. 

    Microsoft’s LinkedIn probably won’t be affected either, due to exclusions for professional networking, job skills, learning certifications, and job posting services.

    One amendment excludes any “social media company that allows a user to generate short video clips of dancing, voice overs, or other acts of entertainment,” which services like Snapchat and TikTok would likely fall under. 

    Another exempts businesses that offer cloud storage services and make less than 25 percent of their revenue from operating a social media platform. 

    This creates confusion about whether YouTube would be affected, given the rest of Google’s business portfolio.

    Smaller platforms such as Parler, Gab, and Truth Social also wouldn’t be affected as they don’t meet the annual gross revenue requirement of $100 million to qualify.

    Privacy Concerns and Enforcement Challenges

    Both Utah and Arkansas’ social media regulation bills have attracted criticism regarding user privacy. 

    The legislation has raised questions about exactly how these restrictions will be enforced and the potential impact on user data security and internet access privacy.

    Arkansas State Senator Mike McKell explained in an interview with PBS that the Division of Consumer Protection will work directly with social media companies over the next eight months to a year to develop the enforcement process. 

    This raises questions about the practical implementation of the law, especially considering the specific definitions and exemptions.

    Conclusion

    While Arkansas’ new Social Media Safety Act aims to protect minors from potential harm on social media platforms, its specific definitions and exemptions create confusion about which platforms will be affected. 

    As enforcement plans are developed over the next several months, questions regarding user privacy and practical implementation remain unanswered. 

    This legislation highlights the need for a more comprehensive approach to addressing the challenges and concerns surrounding social media usage by minors.