(The Center Square) – A law in Illinois creating restrictions on social media use and online activity for children was recently signed, though it won’t take effect until 2028.
One industry-backed trade group continues to call it unconstitutional.
Illinois Gov. J.B. Pritzker signed the new public act Friday, and described it as a new way to protect minors from addictive algorithmic features of social media and to prevent exposure to harmful content.
“Social media companies are required to strengthen their default privacy settings for users under 18 so that kids are protected starting when they first log in. From there, children will only see content that they intentionally search for or from the people that they choose to follow online,” Pritzker said.
Amy Bos, vice president of government affairs with NetChoice, told The Center Square the organization is still opposed to the legislation due to constitutional concerns.
“We believe that this law does have constitutional problems. Courts have struck down similar laws in other states,” Bos said.
Bos referred to a previous letter the organization sent to Pritzker, calling on him to veto the law, which noted it would “invite litigation.” She said she wouldn’t get ahead of their lawyers, but the group still feels it’s unconstitutional.
Bos compared the restrictions on social media companies’ algorithms and feeds to that of a government telling a newspaper what stories to prioritize on the front page.
The law requires device manufacturers that provide an account setup through an operating system, including the likes of Apple’s IOS and devices that operate on Android, to receive parental consent and to enter a child’s age one time.
Bos said one measure as part of the age verification is less controversial, as it will better protect the data of users.
The child’s age is required to be shared with social media companies and other apps as a slightly anonymized age bracket, rather than an individual age, in order for apps to determine how to display content.
State Sen. Willie Preston, D-Chicago, said algorithmically showing content to minors can put them in danger, and the legislation is protective for that reason.
“Online predators have hidden behind anonymity. Powerful algorithms have often prioritized engagement over safety, and children have been left vulnerable in spaces that were never designed with their well-being as a highest priority,” Preston said.
Bos said concern over algorithms is somewhat overblown.
“Just because something is in chronological order doesn’t mean that kids are less or kids are more safe. Algorithms oftentimes can filter out harmful material and can protect against bullying. So I want to push back against that belief that there’s this inherent harm in algorithms,” Bos said.
Bos didn’t confirm if the group was considering a legal attempt to block the Illinois law, as they have in many other states.
The law is set to take effect Jan. 1, 2028.
