WASHINGTON — The Senate is poised to advance groundbreaking legislation aimed at safeguarding children from hazardous online content, marking a significant move by Congress to hold technology companies accountable for the potential harm they inflict.
This bipartisan bill has garnered extensive support, driven by advocacy from parents whose children tragically took their own lives due to cyberbullying. It mandates that companies implement reasonable measures to protect minors on widely used online platforms, necessitating a “duty of care” that defaults to the safest settings possible.
Senators Richard Blumenthal and Marsha Blackburn emphasize that this legislation is intended to empower children, teens, and their parents to reclaim control over their online experiences, sending a clear message to tech giants that their authority to dictate user safety is waning.
While the House has yet to act on the bill, Speaker Mike Johnson has expressed his intent to evaluate the legislation and seek common ground. Supporters are optimistic that a robust Senate vote—bolstered by an impressive 86-1 test vote last week—will propel action in the House.
Should the bill become law, tech companies would be obligated to address various forms of harm to minors, encompassing bullying, violence, suicide promotion, eating disorders, substance abuse, sexual exploitation, and advertising for illegal goods.
To achieve this, platforms would need to offer minors enhanced privacy settings, disable addictive features, and allow users to opt-out of personalized algorithmic recommendations. Furthermore, companies would be required to restrict communication with children and limit functionalities that prolong platform engagement, such as video autoplay and reward systems.
The overarching goal, according to Blumenthal and Blackburn, is to create an online environment that is “safe by design.”
In crafting this legislation, the senators have strived to balance corporate accountability with individual free expression concerns, addressing apprehensions from lawmakers worried about potential overreach and legal challenges.
Critics, however, highlight that the bill may limit access to critical information for vulnerable populations, particularly regarding LGBTQ+ issues and reproductive rights. Adjustments have been made to the bill to alleviate many of these concerns, leading prominent LGBTQ+ organizations to endorse the proposal.
This legislation represents one of the first significant regulatory efforts targeting tech giants in recent years. Despite a general consensus on the need for increased scrutiny, specific pathways for regulation have often been contentious. Earlier this year, Congress enacted a law aimed at requiring TikTok to divest or face a ban, a measure that specifically targets just one company.
Some technology firms, including Microsoft and Snap, have voiced their support for the bill, while others, such as Meta, have remained neutral.
The legislation also proposes significant updates to child privacy laws, raising the age at which companies can collect personal information from users from 13 to 17. It would impose a ban on targeted advertising to minors and grant the authority to delete personal information to teens or their guardians.
As the bill’s progress continued amid recent delays, Blumenthal and Blackburn engaged deeply with parents of children affected by online dangers, including cyberbullying and harmful social media challenges. During a poignant press conference, parents expressed gratitude for the Senate’s momentum in moving this crucial legislation forward.
One parent voiced her hope that this bill could help prevent future tragedies, urging every senator to support the initiative. “Those who prioritize children’s safety over the interests of big tech should champion this historic legislation,” she stated.
