Florida Kids Banned from Facebook and TikTok Due to New Laws Protecting Minors on Social Media

Lawmakers across the United States have been grappling with the growing concern over the safety of children on the internet. Florida recently became one of a handful of states to pass laws protecting minors on social media, the Online Protections for Minors Act. However, some say the bill oversteps in its efforts to protect young users from online harm, exploitation, and inappropriate content.

TABLE OF CONTENTS

• What does Florida’s HB 3 social media ban do?
• Which Social Media Platforms Are Affected?
• What Happens If Social Media Platforms Break the Law?
• Should Children Under 16 Be Banned From Social Media?

What does Florida’s HB 3 social media ban do?

HB 3: Online Protections for Minors carries the following notable provisions:

• Account Termination. Social media platforms are required to terminate any accounts held by users aged 14 or 15 unless parents or guardians have given consent. Users under 14 or their parent(s) may also request account termination within 10 business days.
• Age Verification. Platforms will be required to implement stronger age verification measures to ensure that users under 18 cannot easily access content or services meant for adults. Social media platforms must use third-party age verification methods on new accounts and this data cannot be stored.
• Parental Consent. Parental permission is required for social media accounts of minors who are 14 or 15 years of age. Parents or guardians must be given the ability to monitor their children’s online activities, with companies offering tools for parental control.
• Content Oversight. Platforms must ensure that content shared by minors is appropriately monitored to avoid exploitation or exposure to harmful or inappropriate material.
• Data Sharing Restrictions. Companies are prohibited from collecting excessive personal data from minors, and platforms must notify users about what data is being collected and how it is used.

Which Social Media Platforms Are Affected?

As of January 1, 2025, HB3 prevents Florida children under 14 years old from having their own social media accounts. While legislators refused to name specific platforms or service providers, the bill encompasses any online forum where a user creates an account:

• To upload content
• To view the content or activities of others
• Where 10% or more of daily active users younger than 16 spend an average of two hours a day or longer
• On a site using algorithms to analyze user data and select what users will see
• Where any of the following “addictive features” are used:
  • Infinite scrolling (content that loads continuously without the need to manually refresh or move to a new page)
  • Seamless content (pages with no visible or apparent end or page breaks)
  • Push notifications/alerts about specific activities related to the user
  • Displays of user likes, shares, or repost metrics
  • Video that plays without users clicking on it
  • Live-streaming

Under these descriptions, all major social media sites—Facebook, Instagram, X (formerly Twitter), and TikTok—would qualify for the ban protecting minors on social media. However, websites and apps used for messaging may not be considered social media as long as their capabilities are limited.

What Happens If Social Media Platforms Break the Law?

Failure to comply with the provisions of HB3 can lead to substantial penalties for social media companies, including:

• Failure to Terminate Accounts. Websites that do not delete a minor’s account after a request from the minor or their parent/guardian may be liable for up to $10,000 in damages, in addition to legal fees.
• Unfair or Deceptive Practices. The Florida Department of Legal Affairs may pursue any website “knowingly or recklessly” violating the law and can levy fines up to $50,000 per violation, plus legal fees. Additionally, punitive damages may be imposed for repeated violations.
• Adult Sites Without Age Verification. Adult websites that do not implement a proper age verification system could face fines of up to $50,000 per violation, plus legal fees. If the age verification service itself violates the law, it can also be fined up to $50,000 per violation.
• Liability for Allowing Minors. If an adult website fails to prevent a minor from accessing its site, it could be liable for up to $10,000 in damages plus legal fees to the minor in a private suit.

Should Children Under 16 Be Banned From Social Media?

Many are concerned about the effect on children’s mental health, privacy, and attention spans from living their lives online. While all kids could do with less screen time, some say bills like this aren’t enough—and could have unintended consequences. For example, many Florida residents have already begun using virtual private networks to subvert blocked sites, increasing the risk of hacking and data harvesting.

So, how do we move forward? Email us at [email protected] today or feel free to share this article to keep the conversation going.