Relating to prohibiting use of social media platforms by children.
Impact
If enacted, HB 3862 will amend the Business & Commerce Code and the Education Code to establish stringent age limitations for social media usage among minors. It deploys filters on electronic devices to block access to social media and explicit content. Additionally, manufacturers must enable electronic device markers, which will notify websites that a minor is using the device. This will fundamentally alter how electronic devices function by integrating protective measures targeted at safeguarding children's online experiences.
Summary
House Bill 3862 aims to prohibit the use of social media platforms by children under the age of 18 in Texas. The bill outlines requirements for social media platforms to verify the age of users before allowing them to create an account, necessitating the use of government-issued identification for verification. A critical component of this legislation is the establishment of penalties for platforms that do not comply with these verification requirements. The bill seeks to ensure that children are protected from potentially harmful interactions online.
Sentiment
The sentiment regarding HB 3862 is mixed. Proponents argue that the bill is a necessary step for protecting children from the dangers associated with social media, including exposure to harmful content and online predators. They believe that age verification mechanisms will create a safer online environment for minors. Conversely, critics express concern over the feasibility of implementing such age restrictions, emphasizing the potential for increased surveillance and privacy violations. They also point out that the bill may not effectively prevent children from accessing social media through methods that evade verification.
Contention
Major points of contention include concerns surrounding the practicality of age verification processes and the potential monopolization of social media platforms resulting from stringent regulations. Critics argue that such requirements could disproportionally affect smaller or emerging platforms, limiting their ability to compete against established giants. This introduces a debate about the balance between enhancing child safety online and maintaining a diverse and accessible digital landscape.
Texas Constitutional Statutes Affected
Education Code
Chapter 38. Health And Safety
Section: New Section
Section: New Section
Section: New Section
Chapter 32. Computers, Computer-related Equipment, And Student Information Protection
Relating to the protection of minors from harmful, deceptive, or unfair trade practices in connection with the use of certain digital services and electronic devices, including the use and transfer of electronic devices to students by a public school.
Relating to venue and choice of law for certain actions involving censorship by social media platforms and to statutory damages in actions brought by social media users against social media platforms for prohibited censorship.
Relating to requiring social media platform operators to identify and notify law enforcement of credible threats of violence published on their platforms; creating a criminal offense.
Relating to the establishment of the Texas Guided Pathways program to facilitate the completion by students of undergraduate certificate and degree programs.
Relating to censorship of or certain other interference with digital expression, including expression on social media platforms or through electronic mail messages.
Relating to censorship of or certain other interference with digital expression, including expression on social media platforms or through electronic mail messages.
Relating to the creation of an electronic platform and submission portal, known as My Texas Future, to facilitate public high school students' awareness of and application to institutions of higher education using the electronic common admission application form.
Relating to the creation of the My Texas Future portal and a requirement to submit academic information through that portal to determine acceptance for admission at a public institution of higher education as a condition of high school graduation for public school students.