Home>Highlight>Parental consent for minors to use social media facing key opposition

Before the State of the State address before a joint session of the New Jersey Legislature on January 10, 2023. (Photo: Kevin Sanders for the New Jersey Globe).

Parental consent for minors to use social media facing key opposition

Bill requires age verification and some messaging between adults and minors

By David Wildstein, January 04 2024 9:00 am

A bill requiring age verification and parental consent for minors to use social media is facing strong opposition from Planned Parenthood Action Fund of New Jersey, Garden State Equality, the American Civil Liberties Union, the New Jersey Chamber of Commerce, and other groups in advance of a possible vote by the Democratic-controlled lame duck legislature on Monday.

“Any restrictions to accessing the internet will cut off entire populations – oftentimes, the most vulnerable populations — who need access to information,” the letter said.

The organizations cite LGBTQ+ youth, patients seeking reproductive healthcare, immigrant communities, victims of domestic violence, and disabled persons as segments of the state’s population that might be unable to use social media to seek information because they can’t be anonymous.

“This bill purports to address minors’ access to social media without parental permission,” a letter to lawmakers sent this morning stated.  “This legislation threatens the free speech rights of all New Jersey social media users; it forces everyone to hand over private data or lose the ability to participate in robust online conversations and communities.”

The letter, signed by several dozen organizations and individuals, said that similar proposals across the country have the backing of anti-LGBTQ groups, including Focus on the Family.   A federal judge blocked a similar law approved in Arkansas requiring social media users to identify themselves to platforms like TikTok, Facebook, Instagram, and YouTube as unconstitutional.

“There are many users who may want to engage in anonymous speech, or who are concerned about their privacy – age verification would cut all of these people off from social media — even if they are over the age of 17,” the groups say.  “The parental consent requirement violates the First Amendment rights of young people.”

The legislation would also ban certain messaging between adults and minors.

“This bill is moving too fast in lame-duck, needs further consideration of its unintended consequences and the topic is worthy of a longer, more nuanced discussion that the lame duck time period does not afford us,” the groups said.

The bill is sponsored by State Sen. Joseph Vitale (D-Woodbridge) and Assemblyman Herb Conaway, Jr. (D-Delanco).   They passed the Assembly Health Committee last month, 11-0, and the Senate Health Committee, 5-2.  State Sens. Edward Durr (R-Logan) and Holly Schepisi (R-River Vale) voted no.

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