A federal judge has ruled that Arkansas’ law (aka Act 689), requiring social media companies to verify users’ ages and obtain parental consent for users under 18, is ‘unconstitutional.’ District Court Judge Timothy Brooks found that the law violated the First Amendment by imposing overly broad restrictions on free speech and was unclear.
Speaking of Act 689, the law was signed by Governor Sarah Huckabee Sanders in April 2023. It aimed to protect children from potential online harms by mandating that platforms use third-party vendors to confirm users’ ages before granting access. Additionally, minors would need parental permission to create new social media accounts.
However, some social media companies and digital rights groups claimed that it infringed on free speech rights and was too vague in its requirements. In response, a lawsuit (challenging the law – Act 689) was filed by NetChoice, a nonprofit trade association representing major social media giants like Meta (parent firm of Facebook, Instagram and WhatsApp), TikTok, X (formerly Twitter), Snapchat, Reddit and YouTube.
NetChoice argued that the law violated the First Amendment by imposing vague and overbroad restrictions on online speech and by requiring users to disclose sensitive personal information to third-party age-verification services.
And now, US District Judge Brooks delivered the 50-page ruling. In his decision, Judge Brooks mentioned that the law was likely unconstitutional due to its vagueness, particularly concerning the definition of ‘social media company,’ which lacked clear guidelines. The court believes this could lead to unpredictable enforcement and impose significant burdens on both minors and adults seeking access to online content.
Interestingly, similar laws have been passed in other states, like Utah, Texas, and Louisiana, and NetChoice has also challenged these laws in those states. For example in Ohio, the group challenged the Parental Notification by Social Media Operators Act, which required platforms to obtain verifiable parental consent before allowing children under 16 to access their services.
Even, recently Utah has become the first state in the US to pass a law mandating that app store operators verify the ages of users. This law – in addition to the social media age verification law – mandates that app stores (including Apple’s App Store and Google’s Play Store) verify the ages of users before allowing them to download apps that are categorized as ‘social media’ or related to online interaction.
Meanwhile, experts believe that the outcome of this case may influence these ongoing lawsuits in other states across the US. Clearly, such legal developments reflect a broader national discourse on balancing child protection online with the protection of free speech and privacy rights.
