Iowa lawmakers advance proposal restricting teen access to social media

DES MOINES — Iowa teens could no longer use social media platforms without explicit approval from a parent or guardian under a measure advanced Monday by Iowa House Republicans, following moves made by other GOP-led states in recent weeks.

Lawmakers amended a bill that initially would have banned anyone under the age of 18 from having a own social media account.

Members of the House Ways and Means tax policy committee amended the bill to prohibit companies from collecting data on children under 18 without “verifiable parental consent.” That includes providing information required to create a profile on sites like TikTok, Instagram, Snapchat and Facebook.

“I’m a believer in parents’ rights, and I believe that parents should have the ability or the right to decide what their child does,” bill floor manager Rep. John Wills, R-Spirit Lake, told reporters.

Social media companies are prohibited by federal rule from collecting data on children under 13 without parental consent, meaning social media companies already ban kids under 13 from signing up to use their platforms. However, children can easily get around the prohibition with or without their parents' consent.

Social media companies that operate in the state would be fined $1,000 per violation, and the proposal directs the Iowa Attorney General’s Office to enforce provisions of the bill.

Supporters say they're concerned about social media's effects on kids' mental health.

Democrats, along with some Republicans, on the committee warned the bill could have unintended consequences, barring kids from e-commerce and job-posting sites, as well as platforms used by teachers and students to create and share files.

The bill defines “social media company” to mean a publicly accessible internet site or application that allows users to create an account and communicate with other users “for the primary purpose of posting information, comments, messages or images.” The term does not apply to an internet service or email provider, or an online service, site or app that consists primarily of news, sports, entertainment or other content that’s not user-generated.

Rep. Amy Nielsen, D-North Liberty, argued the bill would prohibit schools from posting to social media promoting students’ athletic, academic and extracurricular achievements and activities.

“Reading through this, this is going to apply to, for instance, schools who want to post about their basketball team making it to the state tournament,” Nielsen said.

Wills argued the measure prohibits social media companies from “actively collecting data” on minors, and that “just posting a picture with a student’s name” would not run afoul of the legislation.

The bill, however, lists personal information that social media companies would be prohibited from collecting, using or disclosing without “verifiable parental consent” to include a photo, video or audio file of a child. Industry groups, too, argue the scope of the bill is too broad and its provisions too vague to carry out.

Critics have said restricting children’s access to social media also restricts their access to supportive communities that give them a sense of belonging that they may not find in their physical communities, like LGBTQ children.

Rep. Megan Jones, R-Sioux Rapids questioned how social media companies would obtain parental consent. Wills, speaking to reporters, said that could include providing a driver’s license or other age- and identify-verification requirements.

Other GOP-led states have enacted or are pursuing similar proposals. Utah last month became the first state to require social media firms get parental consent for children to use their apps and verify users are at least 18. Arkansas lawmakers last week passed a bill awaiting Gov. Sarah Huckabee Sanders’ signature that would require social media companies to verify their users’ ages and confirm that minors have permission from a parent or guardian before opening an account. The verification could include requiring a digital copy of a driver’s license, government ID or other “commercially reasonable” method, according to the legislation.

California, meanwhile, enacted a law last year that requires social media apps and sites to install guardrails for users under 18. The law also bars tech companies from profiling children or using personal information in ways that could harm children physically or mentally. That includes prohibiting social media sites from promoting ads to minors and showing them in search results.

“I’m a believer in rights. I don’t want to violate somebody’s free speech,” Wills said. “We’re not going to allow social media platforms to collect data on our children.

“That doesn’t violate anybody’s rights,” he said, noting the bill is “closely modeled” after languages included in the Children's Online Privacy Protection Rule “that’s survived” legal challenge.

He added he’s willing to look at further narrowing the definition of “social media platform.”

Representatives for Google and Meta Platforms, the parent company of Instagram and Facebook, have said the companies already provide tools and practices that address privacy concerns.

Google, for example, has turned on SafeSearch, a feature that can hide explicit search results, by default for users under 18 worldwide. It has also disabled location history for minors globally.

“I appreciate what you’re trying to do,” Rep. Jones told Wills during the meeting. “Parents should be in control of what their children are seeing and doing online. I don’t think this bill or this amendment do that. And I have a lot of questions of what is happening here.”

The committee voted 14-9 — with Jones and Brent Siegrist, R-Council Bluffs, joining Democrats in opposition — to pass the bill as amended, making it eligible for a floor vote in the House.

Comments: (319) 398-8499; tom.barton@thegazette.com