DeSantis Vetoes Bill Banning Social Media for Kids Under 16 – But Signals He’ll Sign Different Version

(AP Photo/Meg Kinnard)

Florida Gov. Ron DeSantis (R) vetoed a controversial bill on Friday that would have banned the use of social media by children under the age of 16, but signaled he was still willing to sign a different version of the bill he expected the Florida Legislature to pass.

The bill in question, HB 1, passed both the Florida House and Senate last month, and attracted criticism from both the right and left, one of several bills this session that have raised objections from free speech advocates and predictions that they cannot pass constitutional muster.

One notable critic of the bill was State Sen. Blaise Ingoglia (R), the former chairman of the Republican Party of Florida and a DeSantis ally. He was one of four GOP state senators who voted against the bill and told Mediaite he thought that the bill had “constitutional problems” in conflict with the First Amendment and it was likely it “will get struck down by the courts,” in addition to not being supportive of parental rights.

Other sharp critiques of HB 1 came from free speech advocates, including the Foundation for Individual Rights and Expression (FIRE) and the R Street Institute, a free market think tank.

The text of the bill created a new section in the Florida Statutes that would have required social media platforms to prohibit minors who are younger than 16 years old from creating accounts, to “use reasonable age verification methods to verify the age of each account holder,” and to provide a disclaimer warning about social media being “harmful to mental health” and using “design features that have addictive qualities.” Violations of the law, if passed, would be deemed “an unfair and deceptive trade practice” and the state government can collect a civil penalty of up to $50,000 per violation. If a minor account holder asks for their account to be deleted, or a parent or legal guardian asks for a minor’s account to be deleted, and the platform does not comply with the request within the statutory deadline (5 or 10 days, respectively), it would be liable for $10,000 per violation, plus court costs and attorney fees.

DeSantis announced his veto of the bill in a letter to Florida House Speaker Paul Renner (R) on Friday that declared not just his veto but his support for another “different” bill.

“I have vetoed CS/HB 1 because the Legislature is about to produce a different, superior bill,” wrote the governor. “Protecting children from harms associated with social media is important, as is supporting parents’ rights and maintaining the ability of adults to engage in anonymous speech.”

“I anticipate the new bill will recognize these priorities and will be signed into law soon,” he concluded.

DeSantis posted the same statement on The Platform Formerly Known as Twitter.

This new bill for which DeSantis has signaled his support would allow an exception for 14- and 15-year-olds who have parental permission, as reported by Douglas Soule, USA Today’s First Amendment reporter. HB 3 was “filed Friday afternoon shortly after DeSantis’ veto announcement,” wrote Soule.

HB 3 is likely to face similar opposition from free speech advocates as its vetoed predecessor. R Street fellow Shoshanna Weissman has been researching the topic of social media bans for minors as multiple states have debated, passed, and ended up in court defending various legislative attempts, and has commented on how — besides the substantial First Amendment barriers to such regulations — these laws pose significant privacy and cybersecurity risks.

“Preventing minors from accessing social media and requiring age verification means that all users in Florida will have to upload government IDs, face scans, social security numbers or other invasive means to endless platforms including TikTok, which many believe is a cybersecurity risk,” Weissman told Mediaite last month. “Age verification is identity verification particularly when a parent needs to approve a child’s use. The parent has to prove they are not only an adult, but the parent to the specific child.”