Challenges in Passing Online Safety Legislation to Protect Children from Social Media

Rep. Erin Houchin has been attempting to advance legislation that would ban social media use for children under 16, but her amendment failed to be included in a congressional online safety package currently under consideration. Houchin, drawing on her personal experience as a parent whose teenage daughter circumvented parental controls on Instagram, argues that children are particularly vulnerable to peer pressure, eating disorders, and suicide risks on social media platforms. The current regulatory framework, the Children's Online Privacy Protection Act, was written in 1998 and sets the age threshold at 13—predating modern platforms like TikTok. Opposition to raising age restrictions comes from multiple quarters: tech companies spending over $100 million annually on federal lobbying, conservative arguments that parenting is a parental rather than state responsibility, free speech concerns, and progressive advocates who note that social media may be the only safe space for LGBTQ+ youth to seek advice. Australia recently became the first nation to implement an under-18 social media ban, drawing international attention, though the Trump administration has publicly opposed similar measures in Britain, arguing that technology solutions rather than broad bans are preferable.