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| 1 minute read

Are You A Social Media Platform? If so, Florida Has New Rules for You.

This week, the Governor of Florida signed HB 3 (an act relating to online protections for minors into law), which will require social media platforms to get parental consent before a minor under age 14 can create an account and establish an age verification process for online access to materials harmful to minors, in addition to other restrictions. So, what is a "social media platform" under this law? It is an online forum, website or application:

✔ That allows users to upload content or view the content or activity of other users;

✔Where 10% or more of the daily active users who are younger than 16 years of age spend on average two hours per day or longer on the online forum, website or application on the days when using the online forum, website or application during the previous 12 months or, if the online forum, website or application did not exist during the previous 12 months, during the previous month (so much math!);

✔That employs algorithms that analyze user data or information on users to select content for users; and

✔Has any of the following addictive features:

📱 Infinite scrolling;

📱Push notifications or alerts sent by the online forum, website or application to inform a user about specific activities or events related to the user's account;

📱Displays personal interactive metrics that indicate the number of times other users have clicked a button to indicate their reaction to content or have shared or reposted the content;

📱Auto-play video or video that begins to play without the user first clicking on the video or on a play button for that video; or

📱 Live streaming or a function that allows a user or advertiser to broadcast live video content in real-time.

You have until January 1, 2025, to determine whether you are a social media platform and to implement these restrictions.


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