Utah Gov. Spencer Cox signed the Social Media Regulation Act (SMRA) into law earlier this year. This legislation combined two prior bills, aiming to tackle mounting concerns surrounding children’s engagement with social media and the possibility of addiction. While these are valid concerns, the law will likely make minors’ data less secure. In addition, parents already have tools to assist them in protecting their children online.

The SMRA will restrict minors’ online activity, prohibiting them from creating social media accounts without their parents’ consent through yet-to-be-determined age verification measures. In addition, the law will prohibit minors from using social media between 10:30 p.m. and 6:30 a.m. and will attempt to curb social media’s more addictive features. The SMRA’s passage did not happen in a vacuum but rather as part of a wave of recent legislation designed to address concerns about children’s online activity

While wanting to protect children online is a priority for many parents, determining what policies are best able to accomplish this goal is challenging for lawmakers. Currently, the critical law protecting children’s privacy on the internet is the Children’s Online Privacy Protection Act, which requires websites to get parents’ permission before allowing children under 13 to use their services. In response, most websites need users to make an account to affirm they are over 13, meaning the law can be easily circumvented.

This form of age verification has not been replaced yet because it is surprisingly difficult to create a system that doesn’t end up collecting identifiable personal data and leaves users at risk. Whenever personal data is collected, there is always the chance it will be mishandled or end up in the wrong hands.

What can be done to protect children from the worst aspects of social media besides deeply flawed laws? It is essential to recognize that studies have not shown that social media use is inherently wrong for young people. In addition, children develop at different paces, making a one-size-fits-all approach to social media regulation insufficient. The American Psychological Association released a health advisory on social media use among adolescents, recommending higher parental involvement early on, even in preteen years, and less control as they age and develop digital literacy skills. This individualized approach is possible through existing tools such as parental controls and guidance from parents’ knowledge of their child’s unique needs. Heavy-handed government intervention is not necessary.

As the start date of the SMRA draws near, it is essential to reflect on whether this law accomplishes the goals lawmakers had in mind when they first introduced it. All evidence suggests that the law has significant flaws that must first be resolved.

Trey Price is a technology policy analyst for the American Consumer Institute, a nonprofit education and research organization. For more information, visit https://www.theamericanconsumer.org/ or follow us on X @ConsumerPal. 

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