House Bill Lacks Key Provisions for Child Protection
A recently introduced House bill aimed at enhancing online safety for children has drawn criticism for omitting crucial elements found in the Senate version. Advocates argue that these missing provisions are essential for holding social media companies accountable.
The Kids Online Safety Act (KOSA) previously passed the Senate with overwhelming support, securing a 91-3 vote but has since stalled in the House.
Parent advocates fear that the House may once again hinder progress after Republicans on the Energy and Commerce Committee unveiled their own version of KOSA, which includes language preventing states from enforcing related laws.
This “discussion draft” from the House also lacks a “duty of care” standard present in the Senate bill. This standard would allow enforcement actions against social media platforms that fail to implement protective measures for minors against various harms, including violence and harassment.
“I don’t believe this draft will compel platforms to make significant changes and it undermines effective laws parents have fought for,” stated Maurine Molak, a parent advocate from San Antonio.
The House Energy and Commerce version of KOSA is among 19 bills addressing child protection in the digital age, set to be discussed at an upcoming subcommittee hearing.
The Republican leaders of both committees emphasized that this hearing represents a critical step toward establishing lasting protections. However, previous attempts to dilute duty of care language raised concerns about its effectiveness against potential legal challenges.
Molak plans to attend the hearing alongside other advocates from Parents for Safe Online Spaces. The coalition has shared personal tragedies linked to online dangers while lobbying for stronger state and federal regulations.
Molak highlighted that most industries have some responsibility to protect users, stating, “This is the only industry I know that lacks any duty of care.” She described the current House draft as “a step backwards” and called for adopting or negotiating based on the Senate version.
Recent court documents revealed internal communications from Meta employees acknowledging their platforms’ addictive nature towards children. One employee even compared Instagram to a drug, underscoring why a duty of care provision is necessary.
Both versions require social media companies to implement controls limiting harmful algorithms affecting minors. However, only the Senate bill mandates design standards aimed at protecting minors from specific risks while empowering enforcement by federal authorities.
Sens. Marsha Blackburn (R-TN) and Richard Blumenthal (D-CT), lead sponsors of the Senate bill, have voiced dissatisfaction with the House’s approach. Blackburn remarked that it fails to ensure tech giants prioritize children’s safety over profits.
