Indiana lawmakers consider bill to limit social media for children under 16

Indiana lawmakers are considering a bill that would limit social media accounts for minors below the age of 16 unless they receive permission from a parent or guardian. The Senate Judiciary Committee discussed and listened to testimony on the bill Wednesday.

SB 11 requires social media companies to authenticate parental permission when users indicate they’re 15 or younger. If a child is able to create an account without permission, that child’s parents could seek damages from the social media company.

“The goal is not to just fine and punish and penalize. That’s not what we’re trying to do here,” said Sen. Mike Bohacek (R-Michiana Shores), one of the bill’s authors. “What we’re trying to do is get our kids supervised.”

Bohacek authored a bill last year that requires pornographic websites to use age verification methods. That law took effect in August and faces lawsuits from multiple pornography websites.

Bohacek said protecting children is also at the heart of this new bill, and limiting social media use for younger children will protect their mental health.

“There’s already empirical studies about how bad this is hurting our children. We know suicide rates are up,” he said.

The current version of the bill would also let minors who are bullied on social media seek damages from the person who bullied them, or that person’s parents.

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Bohacek said the parents he has spoken with so far are on board with the bill.

“This is a space where we know we have a problem,” he said. “I hear people complain about it all the time. I haven’t had a single parent tell me this is a bad idea yet.”

Some lawmakers expressed concern about social media companies’ ability to identify young users who lie about their ages when they create accounts. Users who indicate they’re 16 or older will not be required to prove their age.

Bohacek said technology is advanced and the measure will still help, even if it does not stop every child from creating an account without permission. He added that companies could use artificial intelligence and other tools to determine if a user has lied about their age.

“I don’t think somebody disregarding a policy is a reason to not have the policy,” he said.

Two organizations testified about the bill Wednesday. Indiana Catholic Conference Executive Director Alexander Mingus said his organization is in favor of the bill.

“Youth are particularly vulnerable to harm and exploitation online, and we believe this bill makes an important step toward their protection,” he said.

Chris Daley, executive director of the ACLU of Indiana, says he is concerned the bill stifles children’s rights to free speech.

“I wish this was a bill we could support,” he said. “Despite the hard work to balance the mental health of Hoosiers under 16 with constitutional principles, we think clearly this bill infringes on the First Amendment right of Hoosiers 15 and down.”

Sen. Liz Brown (R- Fort Wayne), a co-author on the bill, said social media companies will work harder to provide and moderate age-appreciate content for children if the bill is passed. However, Daley said the bill does not specifically incentivize social media companies to provide age appropriate content once a child is granted permission to access a site.

The Senate Judiciary Committee plans to vote on the bill next week.

Kirsten is our education reporter. Contact her at [email protected] or follow her on Twitter at @kirsten_adair.