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Arkansas Senate approves proposed changes to blocked social media age verification law
Arkansas Senate approves proposed changes to blocked social media age verification law

Yahoo

time08-04-2025

  • Politics
  • Yahoo

Arkansas Senate approves proposed changes to blocked social media age verification law

Sen. Missy Irvin (left), R-Mountain View, asks a question about Senate Bill 611, sponsored by Sen. Tyler Dees (right), R-Siloam Springs, on the Senate floor on Monday, April 7, 2025. (Tess Vrbin/Arkansas Advocate) The Arkansas House will consider a proposed amendment to the state's enjoined social media age verification law after the legislation received Senate approval Monday. Additionally, the Senate will vote Tuesday on a bill that would create a right for parents to sue social media platforms if their child develops eating disorders, self-harms, commits or attempts suicide, or becomes addicted to the platform's feeds because of content the child was exposed to. Sen. Tyler Dees, R-Siloam Springs, and Rep. Jon Eubanks, R-Paris, introduced both bills last week. Senate Bill 611 would amend Act 689 of 2023, the Social Media Safety Act, which was the first of its kind in the nation and required social media platforms to verify the age of new account holders in Arkansas. Those under 18 could only access sites with parental permission. A federal judge temporarily blocked Act 689 in August 2023, before it went into effect, and permanently blocked the law March 31 for violating the First Amendment and the due process clause of the U.S. Constitution. The amendments to Act 689 in SB 611 more clearly define social media and apply the definition to more platforms, lower the age of minor users from under 18 to under 16 years old, prohibit social media algorithms from targeting minors, and add a penalty for companies that do not comply. 'There still is reasonable age-verification language, but it puts more emphasis on the social media company to make sure that they are not preying on the youth,' Dees said. SB 611 passed the Senate with a bipartisan 21 votes. Four senators voted present and seven did not vote. Sens. Ricky Hill, R-Cabot; Jim Dotson, R-Bentonville; and Stephanie Flowers, D-Pine Bluff, voted against the bill. Arkansas Legislature passes social media age verification bill over privacy, speech concerns Hill expressed the same concerns he did in 2023 before he voted against Act 689. 'I know I'm not going to change any of y'all's minds, but I do want you to think about the slippery slope we're walking on,' Hill said. '…If you want to limit the freedom of speech, go ahead and continue to vote for this.' Dees said SB 611 would not result in withholding content but instead would 'protect our most vulnerable.' 'We're trying to make sure that the profits of these social media companies don't come before the protection of our children,' Dees said. Gov. Sarah Huckabee Sanders made the Social Media Safety Act a priority during her first year in office. In January, she called on lawmakers to amend the law and to give parents the right to take legal action against technology companies if their children experience mental health crises, such as suicidal ideation, tied to social media consumption. No members of the public spoke for or against Senate Bill 612, the private right of action bill, before the Senate Judiciary Committee, which passed the bill with no audible dissent Monday. Under SB 612, a social media platform could be held accountable for 'placing content on the feed, screen, account, or other digital medium of the minor that causes the minor to view the content without explicitly searching for that specific content and includes algorithmic promotion of the content based on a previous search or engagement' if viewing the content leads to 'significant bodily or cognitive harm.' Dees told both the committee and the full Senate that technology companies have contacted him asking for the bills to be amended so it would not be applicable to them. He said he is open to amending the bill but does not want to accommodate billion-dollar companies that have 'neglected our youth.' SB 611 and SB 612 both establish a civil penalty of $10,000 per violation. The penalty for violating the Social Media Safety Act was originally $2,500 per violation. Sens. Clarke Tucker, D-Little Rock, and Gary Stubblefield, R-Branch, both asked Dees during the committee meeting how a plaintiff would prove under SB 612 that a social media platform 'knowingly' caused intangible harm to a minor. Whether a platform leads a minor to 'develop or sustain an addiction' to it, as SB 612 states, is 'a little tougher to prove' than a suicide attempt or an eating disorder 'without getting inside someone's head,' Tucker said. Dees said SB 612 is 'the framework to have that discussion' and creates a process for the courts to decide 'if there's damaging aspects that have taken place as a result of an interaction with Big Tech.' Dees and Eubanks also sponsored the Bell to Bell, No Cell Act, which Sanders signed in February, that bans personal electronic devices, including cell phones and smart watches, in schools. In March, a bipartisan majority of House members approved two bills that mimic stalled federal legislation aimed at regulating companies' online interactions with children. Lead sponsor Rep. Zack Gramlich, R-Fort Smith, told the Advocate he does not expect to proceed with one of them, the Arkansas Kids Online Safety Act (KOSA). The other bill is House Bill 1717, the Arkansas Children and Teens' Online Privacy Protection Act. Gramlich said he is amending the bill and hopes to present it to the Senate Judiciary Committee on Wednesday. HB 1717 would ban technology companies from collecting data from Arkansas minors except under specific circumstances, such as for financial transactions. They would also be barred from retaining that data and disclosing it to third parties that use the information in advertising targeted to children. Editor's Note: If you or someone you know needs help, the national suicide and crisis lifeline in the U.S. is available by calling or texting 988. There is also an online chat at

Arkansas social media age law struck down, Gov. Sarah Huckabee Sanders seeks amended version
Arkansas social media age law struck down, Gov. Sarah Huckabee Sanders seeks amended version

Axios

time03-04-2025

  • Politics
  • Axios

Arkansas social media age law struck down, Gov. Sarah Huckabee Sanders seeks amended version

A federal judge this week found that an Arkansas law requiring age verification for social media users is unconstitutional and permanently blocked the law, according to a ruling posted by the trade association that opposed it. Why it matters: The law, known as Act 689 of 2023, had the potential to set a precedent for minors' First Amendment rights and was the first of its kind in the nation. Opponents of Act 689 argued that it raised privacy, free speech and enforceability concerns, while supporters said it could help protect children from harmful effects of social media. The latest: Gov. Sarah Huckabee Sanders announced late Wednesday afternoon a proposed bill that would amend the law in hopes that it will be allowed go into effect. Some changes include clarifying the definition of "social media" and prohibiting social media algorithms from targeting minors, according to a news release from her office. SB611 was filed with state Sen. Tyler Dees (R-Siloam Springs) as the lead sponsor. What they're saying: U.S. District Judge Timothy L. Brooks of the Western District of Arkansas said in Monday's ruling that Act 689 would "violate the First Amendment rights of Arkansans because it is a facially content-based restriction on speech that is not narrowly tailored to serve a compelling government interest." The ruling also states it would also violate plaintiffs' rights to due process because it is unconstitutionally vague in violation of the 14th Amendment. Arkansas Attorney General Tim Griffin said his office is evaluating next steps, but that he respects the ruling, the Arkansas Advocate reported. Flashback: Brooks temporarily blocked the law just before it was set to take effect last fall. How it works: The law required social media platforms like Facebook or Instagram to verify new users' ages and obtain parental consent for users under 18 before opening an account. Brooks argued that while unfettered social media access can be harmful to kids, there's no evidence the law would achieve the state's goal of protecting minors.

Bills would amend Arkansas social media law, create right for parents to sue platforms
Bills would amend Arkansas social media law, create right for parents to sue platforms

Yahoo

time03-04-2025

  • Politics
  • Yahoo

Bills would amend Arkansas social media law, create right for parents to sue platforms

After a federal judge blocked Arkansas' online safety law for children, two legislators filed a bill to amend the law to address its challenges and another bill to give parents the right to sue social media platforms if they violate the law. () Two days after a federal judge permanently blocked Arkansas' Social Media Safety Act, state lawmakers filed two bills Wednesday aimed at expanding social media protections for children. Senate Bill 611 would amend Act 689 of 2023 (the Social Media Safety Act), apparently to address some of the judge's reasons for ruling as he did. Act 689 was the first of its kind in the nation and was a priority of Gov. Sarah Huckabee Sanders in her first year in office. It required social media platforms to verify the age of new account holders in Arkansas. Those under 18 could only access sites with parental permission. Senate Bill 612 would create a right for parents to sue social media platforms if their child develops eating disorders, self-harms, commits or tries to commit suicide, or becomes addicted to the platform's feeds because of content the child was exposed to. Both bills establish a civil penalty of $10,000 per violation. Sen. Tyler Dees, R-Siloam Springs, and Rep. Jon Eubanks, R-Paris, are chief sponsors of both bills. In January, Sanders called on the Legislature to amend the Social Media Safety Act so it wouldn't be held up in court any longer. U.S. District Judge Timothy Brooks of the Western District of Arkansas had temporarily blocked it in August 2023, shortly before it was to take effect. Brooks on Monday ruled that law violated the First Amendment and the due process clause of the U.S. Constitution. Sanders also asked lawmakers in January to create a right for parents to sue social media platforms if their children kill themselves because of content encouraging them to self-harm. The governor noted the presence of a woman in the gallery whose child died by suicide. In a press release Wednesday announcing the filing of SB 611 and 612, Sanders noted that Arkansas 'has led the nation on commonsense, conservative reforms to protect kids online, and these additional protections continue that effort.' 'Moms and dads whose kids have fallen victim to Big Tech deserve the right to take action against these abusive companies – and Arkansas law should protect kids so they aren't subjected to toxic material in the first place.' Eubanks and Dees echoed Sanders' comments. 'This legislation keeps our children safe online, and puts their safety where it should be — in the hands of parents,' Eubanks said in the press release. SB 612 'establishes a private right of action for parents whose child commits suicide or attempts suicide because of his or her exposure to toxic material on social media, allowing them to sue abusive Big Tech companies in state court,' Sanders' press release says. The amendments to Act 689 in SB 611 more clearly define social media and apply the definition to more platforms, lower the age of minor users to 16, prohibit social media algorithms from targeting minors, and add a penalty for companies that do not comply, according to the press release. The regulations would apply only to new accounts, it said. This new legislation follows Sanders' signing of the Bell to Bell, No Cell Act in February that bans personal electronic devices, including cell phones and smart watches, in schools. That bill was also sponsored by Dees and Eubanks. Editor's Note: If you or someone you know needs help, the national suicide and crisis lifeline in the U.S. is available by calling or texting 988. There is also an online chat at SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX

Judge blocks social media age-verification law in Arkansas
Judge blocks social media age-verification law in Arkansas

Yahoo

time03-04-2025

  • Politics
  • Yahoo

Judge blocks social media age-verification law in Arkansas

A federal judge in Arkansas permanently blocked a law requiring age verification for social media accounts, deeming it unconstitutional. The law was stopped by U.S. District Judge Timothy L. Brooks of the Western District of Arkansas. In a Monday ruling, the judge said the law, known as Act 689, would violate the First Amendment rights of Arkansans because it is a 'content-based restriction' on speech rights and the restriction isn't narrowly tailored for a government interest. The Arkansas law would require people under 18 to only access certain sites with parental permission. Companies would verify the ages of those in the state looking to make an account and ensure minors have parental permission. NetChoice, the nonprofit for tech companies that brought the suit against the state, celebrated the judge's decision. 'The court confirms what we have been arguing from the start: laws restricting access to protected speech violate the First Amendment,' NetChoice Litigation Center Director Chris Marchese said in a statement. 'And while we are grateful that this law has been permanently struck down and free speech online preserved, we remain open to working with Arkansas policymakers to advance legislation that protects minors without violating the Constitution.' Marchese argued the judge's ruling protects Americans from handing over their IDs for 'biometric data' to access online content. 'It reaffirms that parents — not politicians or bureaucrats — should decide what's appropriate for their children,' he said. NetChoice argued that the law was vague, since some apps such as Meta's Facebook and Instagram, along with TikTok and X, were included, but others such as YouTube were not. The 2023 law was a big push of Arkansas Gov. Sarah Huckabee Sanders (R) in her first year in office, the Arkansas Advocate reported. Several other states have sought to implement age-verification laws after Arkansas passed its own. While the act passed in 2023, it has not been implemented due to the ongoing court procedures. Arkansas Attorney General Tim Griffin (R) told the Advocate that he respects the judge's decision, and his office is evaluating its options. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

Judge blocks social media age-verification law in Arkansas
Judge blocks social media age-verification law in Arkansas

The Hill

time02-04-2025

  • Politics
  • The Hill

Judge blocks social media age-verification law in Arkansas

A federal judge in Arkansas permanently blocked a law requiring age verification for social media accounts, deeming it unconstitutional. The law was stopped by U.S. District Judge Timothy L. Brooks of the Western District of Arkansas. In a Monday ruling, the judge said the law, known as Act 689, would violate the First Amendment rights of Arkansans because it is a 'content-based restriction' on speech rights and the restriction isn't narrowly tailored for a government interest. The Arkansas law would require people under 18 to only access certain sites with parental permission. Companies would verify the ages of those in the state looking to make an account and ensure minors have parental permission. NetChoice, the nonprofit for tech companies that brought the suit against the state, celebrated the judge's decision. 'The court confirms what we have been arguing from the start: laws restricting access to protected speech violate the First Amendment,' NetChoice Litigation Center director Chris Marchese said in a statement. 'And while we are grateful that this law has been permanently struck down and free speech online preserved, we remain open to working with Arkansas policymakers to advance legislation that protects minors without violating the Constitution.' Marchese argued the judge's ruling protects Americans from handing over their IDs for 'biometric data' to access online content. 'It reaffirms that parents — not politicians or bureaucrats — should decide what's appropriate for their children,' he said. NetChoice argued that the law was vague, since some apps likes Meta including Facebook and Instagram, along with TikTok and X, were included, but others like YouTube were not. The 2023 law was a big push of Gov. Sarah Huckabee Sanders (R-Ark.) in her first year in office, The Arkansas Advocate reported. Several other states have sought to implement age-verification laws after Arkansas passed its own. While the act passed in 2023, it has not been implemented due to the ongoing court procedures. Arkansas Attorney General Tim Griffin (R) told the Advocate that he respects the judge's decision, and his office is evaluating its options.

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