Congress could potentially pass the first major legislation related to children’s online safety since 1998, as the Kids Online Safety Act, sometimes referred to as KOSA, was reintroduced earlier this month after stalling last year.
The bill has proven to be a major talking point, garnering bipartisan support and the attention of tech giants, but it has also sparked concern re: targeted censorship from First Amendment rights groups and others advocating for LGBTQ+ communities.
Now, it will have another shot, and the bill’s Congressional supporters will have a chance to state why they believe the legislation is needed in this ever-evolving digital age.
The revival of the Kids Online Safety Act comes amid U.S. and global discussions over how to best protect children online. In late 2024, Australia approved a social media ban for under-16s. It’s set to come into effect later this year. In March, Utah became the first state to pass legislation requiring app stores to verify a user’s age. And Texas is currently moving forward with efforts regarding an expansive social media ban for minors. The Kids Off Social Media Act (KOSMA)—which would ban social media platforms from allowing children under 13 to create or maintain accounts—was also introduced earlier this year, but has seen little movement since.
Speaking on NBC’s Meet the Press on Sunday, May 25, during a special mental health-focused episode, former Rep. Patrick J. Kennedy, a Democrat who served Rhode Island, expressed a dire need for more protections surrounding children online.
When asked about the Kids Online Safety Act, and if it’s the type of legislation America needs, Kennedy said: “Our country is falling down on its own responsibility as stewards to our children’s future.” He went on to explain why he believes passing bills is just one factor of what needs to be addressed, citing online sports betting as another major concern.
“We can’t just pass these bills. We’ve got to stop all of these intrusive addiction-for-profit companies from taking our kids hostage. That’s what they’re doing. This is a fight,” he said. “And we are losing the fight because we’re not out there fighting for our kids to protect them from these businesses [whose] whole profit motive is, ‘How am I going to capture that consumer and lock them in as a consumer?’”
Calling out giant social media platforms, in particular, Kennedy went on to say: “We, as a country, have seen these companies and industries take advantage of the addiction-for-profit. Purdue, tobacco. Social media’s the next big one. And unfortunately, it’s going to have to be litigated. We have to go after the devastating impact that these companies are having on our kids.”
Amid these ongoing discussions, here’s what you need to know about the Kids Online Safety Act in light of its reintroduction.
What is the Kids Online Safety Act?
The Kids Online Safety Act aims to provide further protections for children online related to privacy and mental health concerns exacerbated by social media and excessive Internet use.
The bill would create “duty of care,” meaning that tech companies and platform giants would be required to take steps to prevent potentially harmful encounters, such as posts about eating disorders and instances of online bullying, from impacting minors.
“A covered platform shall exercise reasonable care in the creation and implementation of any design feature to prevent and mitigate the following harms to minors: anxiety, depression, eating disorders, substance use disorders, and suicidal behaviors… patterns of use that indicate or encourage addiction-like behaviors by minors…” the bill reads.
Health organizations including The American Academy of Pediatrics and the American Psychological Association, have pushed Congress to pass KOSA to better protect young people online—and see the bill as a potential way to intervene with the detrimental impact social media and Internet usage in general can have on one’s mental health.
Newer versions of the bill have narrowed regulations to apply to limiting “design features” such as notifications, “infinite scrolling or autoplay,” and in-game purchases.
It would also allow for more parental tools to manage the privacy settings of a minor, and ideally enable a parent to limit the ability for adults to communicate with their children via online platforms.
Read More: 6 Red Flags About the Mental-Health Content You’re Being Bombarded With on Social Media
What is the history of the bill?
In 2024, KOSA seemingly had all the right ingredients to pass into law. It had bipartisan support, passed the Senate, and could have been put in front of President Joe Biden, who had indicated he would sign the bill.
“There is undeniable evidence that social media and other online platforms contribute to our youth mental health crisis,” President Biden wrote in a statement on July 30, 2024, after KOSA passed the Senate. “Today our children are subjected to a wild west online and our current laws and regulations are insufficient to prevent this. It is past time to act.”
Yet, the bill was stalled. House Speaker Mike Johnson cautioned Republicans against rushing to pass the bill.
“We’ve got to get it right,” Johnson said in December. “Look, I’m a lifelong advocate of protection of children…and online safety is critically important…but we also have to make sure that we don’t open the door for violations of free speech.”
The bill received support across both aisles, and has now been endorsed by some of the “big tech giants” it aims to regulate, including Elon Musk and X, Microsoft, and Apple.
“Apple is pleased to offer our support for the Kids Online Safety Act (KOSA). Everyone has a part to play in keeping kids safe online, and we believe [this] legislation will have a meaningful impact on children’s online safety,” Timothy Powderly, Apple’s senior director of government affairs, said in a statement earlier in May after the bill was reintroduced.
But other tech giants, including Facebook and Instagram’s parent Meta, opposed the bill last year. Politico reported that 14 lobbyists employed directly by Meta, as well as outside firms, worked the issue.
The bill was reintroduced on May 14 by Republican Sen. Marsha Blackburn and Democratic Sen. Richard Blumenthal, who were joined by Senate Majority Leader John Thune and Senate Minority Leader Chuck Schumer.
“Senator Blackburn and I made a promise to parents and young people when we started fighting together for the Kids Online Safety Act—we will make this bill law. There’s undeniable awareness of the destructive harms caused by Big Tech’s exploitative, addictive algorithms, and inescapable momentum for reform,” said Blumenthal in a statement announcing the bill’s reintroduction. “I am grateful to Senators Thune and Schumer for their leadership and to our Senate colleagues for their overwhelming bipartisan support. KOSA is an idea whose time has come—in fact, it’s urgently overdue—and even tech companies like X and Apple are realizing that the status quo is unsustainable.
Read More: ‘We’re In a New World’: American Teenagers on Mental Health and How to Cope
What is the controversy around KOSA?
Since KOSA’s first introduction, it’s been the site of controversy over free speech and censorship concerns. In 2024, the American Civil Liberties Union (ACLU) discouraged the passage of KOSA at the Senate level, arguing that the bill violated First Amendment-protected speech.
“KOSA compounds nationwide attacks on young peoples’ right to learn and access information, on and offline,” said Jenna Leventoff, senior policy counsel at the ACLU. “As state legislatures and school boards across the country impose book bans and classroom censorship laws, the last thing students and parents need is another act of government censorship deciding which educational resources are appropriate for their families. The House must block this dangerous bill before it’s too late.”
Some LGBTQ+ rights groups also opposed KOSA in 2024—arguing that the broadly worded bill could empower state attorneys general to determine what kind of content harms kids. One of the bill’s co-sponsors, Blackburn, has previously said that one of the top issues conservatives need to be aware of is “protecting minor children from the transgender in this culture and that influence.” Calling out social media, Blackburn said “this is where children are being indoctrinated.”
Other organizations including Center for Democracy & Technology, New America’s Open Technology Institute, and Fight for the Future joined the ACLU in writing a letter to the House Energy and Commerce Committee in 2024, arguing that the bill would not—as intended—protect children, but instead threaten young people’s privacy and lead to censorship.
In response to these concerns, the newly-introduced version of the bill has been negotiated with “several changes to further make clear that KOSA would not censor, limit, or remove any content from the internet, and it does not give the FTC [Federal Trade Commission] or state Attorneys General the power to bring lawsuits over content or speech,” Blumenthal’s statement on the bill reads.
Where do things currently stand?
Now, KOSA is back where it started—sitting in Congress waiting for support.
With its new changes, lawmakers argue that they have heard the concerns of opposing advocates. KOSA still needs support and passage from Congress—and signing from President Donald Trump—in order to pass into law.
Trump’s son, Donald Trump Jr., has previously voiced strong support of the bill. “We can protect free speech and our kids at the same time from Big Tech. It’s time for House Republicans to pass the Kids Online Safety Act ASAP,” Trump Jr. said on X on Dec. 8, 2024.
The post What to Know About the Kids Online Safety Act and Where It Currently Stands appeared first on TIME.
