Serious divisions hinder efforts to ensure online safety for children in the House

Efforts by House lawmakers to advance legislation protecting children online are encountering sharp partisan disagreements and resistance from key advocacy groups, raising doubts about the bills prospects after repeated struggles to pass in recent years.

On Tuesday, the House Energy and Commerce Committee examined a set of 19 proposals, with Democrats voicing concern that central legislation has been diluteda sentiment echoed by parent advocates. The discussion focused on updates to the Kids Online Safety Act (KOSA), the main component of the proposed package, designed to shield children from online dangers.

The latest version of KOSA, unveiled last week by Republican leaders on the committee, eliminates the contentious duty of care requirement, which would have obligated platforms to exercise reasonable measures to prevent harm to minors. This revision aims to address First Amendment objections that stalled the bill in the previous Congress but risks losing backing from critics of Big Tech.

Tech companies exploit young users online, which makes the current proposals deeply disappointing, said Rep. Kathy Castor (D-Fla.) during the hearing. She argued the revised bills are ineffective and favor Big Tech over the protections advocated by parents, experts, and bipartisan lawmakers.

KOSA has been introduced multiple times in recent years and gained momentum last year after passing the Senate 91-3 and advancing through the House committee. However, GOP leadership blocked it over free speech concerns. Senate co-sponsors, including Sens. Marsha Blackburn (R-Tenn.) and Richard Blumenthal (D-Conn.), later negotiated modifications with Elon Musks platform X to address these issues, though House Speaker Mike Johnson (R-La.) expressed ongoing reservations.

Rep. Gus Bilirakis (R-Fla.), chair of the subcommittee handling commerce, stated the revisions are aimed at making KOSA legally robust. He emphasized that the bill is not weakened but refocused to ensure it can withstand judicial challenges while still providing meaningful protections for children.

Johnson expressed cautious optimism about passing childrens safety legislation this Congress, highlighting the importance of protecting minors online and suggesting the First Amendment concerns have been addressed.

Parent advocates, however, criticized the removal of the duty of care language and the addition of state preemption provisions. Joann Bogard, co-founder of ParentsSOS, whose 15-year-old son died from a viral social media challenge, called the hearing a major disappointment, arguing that the revisions weaken protections and delay the implementation of the comprehensive Senate version of KOSA.

Even if the House passes the bill, it faces challenges in the Senate, where Democratic support is needed. Sen. Blackburn voiced concern that the House version would not hold Big Tech accountable for prioritizing childrens safety over profits.

In addition to KOSA, lawmakers reviewed 18 other measures addressing online safety. One proposal updates the Childrens Online Privacy Protection Act to cover teens under 17. Another, the App Store Accountability Act, would require age verification for app downloads and has support from Meta, X, Snapchat, and Pinterest. Apple and Google raised concerns about privacy and the collection of sensitive information from minors.

OpenAI endorsed three measures, including one directing federal agencies to develop resources on safe AI chatbot use for minors. AI chatbots have sparked new safety concerns, with lawsuits alleging they contributed to teen suicides. Meta and Character.AI have implemented stricter controls, including banning under-18 users from open-ended interactions and enhancing parental controls. Meta has also faced whistleblower allegations regarding manipulation of safety research.

Author: Ava Mitchell