Arkansas governor signs sweeping bill imposing a minimum age limit for social media usage

Gov. Sarah Huckabee Sanders (R-AR) has signed a sweeping bill imposing a minimum age limit for social media usage, in the latest example of states taking more aggressive steps intended to protect teens online. The legislation appeared to contain vast loopholes and exemptions benefiting companies that lobbied on the bill and raising questions about how much of the industry it truly covers. The legislation, known as the Social Media Safety Act and taking effect in September 2023, is aimed at giving parents more control over their kids’ social media usage, according to lawmakers. It defines social media companies as any online forum that lets users create public profiles and interact with each other through digital content. The new law, also known as SB396, includes numerous carveouts for certain types of digital services and, in some cases, individual companies. And although its sponsors have said the law is specifically meant to apply to certain platforms, including TikTok, parts of the legislative language appear to result in the exact opposite effect. In the final days of negotiation over the bill, Arkansas lawmakers approved an amendment that created several categorical exemptions from the age verification requirements. Media companies that “exclusively” offer subscription content; social media platforms that permit users to “generate short video clips of dancing, voiceovers, or other acts of entertainment”; and companies that “exclusively offer” video gaming-focused social networking features were exempted.