The SCOPE Act - New Texas law requires parental approval for child social media accounts

DALLAS - A Texas law requiring parental consent for children to create a social media account is now in effect partially. "Parents would be given the authority to consent to the platforms their children interact with online," said North Texas Republican Rep. Shelby Slawson, who authored House bill 18 that Gov. Greg Abbott signed in 2023.

The SCOPE Act or the Securing Children Online Through Parental Empowerment Act is a piece of U.S. legislation introduced to enhance consumer protections against harmful online practices. The act is primarily focused on regulating online platforms and marketplaces to prevent deceptive or dangerous product listings. It is part of a growing wave by lawmakers in multiple states to give more power to parents when it comes to their children’s digital footprint.

In a committee hearing last year, Slawson described wide-ranging threats from unmonitored social media use, including cyberbullying and child predators. "A Texas teenager was rescued from a shed in North Carolina where she was being held by a predator who allegedly lured her away by a chat app," she said. At present, the law would not directly flag those types of connections.

However, companies like Meta, which runs Facebook and Instagram, say there are already protections in place for young people. The judge did leave the requirement for parental consent for children creating an account and the power to supervise their online activities.

"While we strongly agree with the underlying intent of the bill, we oppose the bill as filed," said Antigone Davis, a Meta spokeswoman. It is not clear if the social media companies will comply with the new Texas requirements. In the same hearing last year, Meta testified that Facebook and Instagram already have safeguards in place.

"We’ve built over 30 tools to help young people be safe and have a positive experience on our platform," Davis said. "We have parental supervision tools, set time limits, and the ability for parents to see who their child is following." Meta testified that accounts held by teens use AI to screen for fake birthdates being entered. The company also said it blocks things like targeted ads for a wide range of topics.

"13-17 years old, there’s a gap missing. And I think there is an opportunity for the Texas Legislature to step in and fix that gap," said Dr. Brian Dixon, a child psychiatrist with the Texas Medical Association.
Dr. Dixon testified about the mental health impact he’s seen from social media in his younger patients. "Now kids have access to all things all the time, and there is no filter. They have no perspective to when they are being advertised and when they are not," he said.

Other states have tried to pass similar legislation but have been blocked by the courts.

ENFORCEMENT

A violation of the SCOPE Act is a deceptive trade practice enforceable only by the Consumer Protection Division of the Office of the Attorney General of Texas. If someone were to violate the act, the AG’s office may seek injunctive relief, civil penalties of up to $10,000 per violation, and attorneys’ fees. The Act does not confer a private right of action but allows parents and guardians of known minors to file suit to obtain a declaratory judgment against a digital service provider. A court may not certify a case brought under the Act as a class action.

OPPOSITION

Foundation for Individual Rights and Expression (FIRE) filed a motion hoping a judge would block it. As of now, the law will be put in place unless a judge agrees with the non-profit.

WHAT PLATFORMS ARE EFFECTED?

This new law will primarily apply to digital services that provide an online platform for social interaction between users that: 

(1) allow users to create a public or semi-public profile to use the service, and 

(2) allow users to create or post content that can be viewed by other users of the service. 

This includes digital services such as message boards, chat rooms, video channels, or a main feed that presents users content created and posted by other users.

MAIN TAKEAWAYS OF THE SCOPE ACT:

Age Verification: The law will require everyone to verify their age for social media.

Prohibition of harmful listings: The act aims to prevent online platforms from listing products that are fraudulent, dangerous, or have been recalled.

Increased accountability for online marketplaces: It imposes stricter responsibilities on online marketplaces to monitor and remove listings that pose risks to consumers.

Transparency requirements: The act may include provisions that require platforms to be more transparent about the sellers and the origins of products listed on their sites.

Enforcement and penalties: Platforms that fail to comply with the SCOPE Act could face significant penalties, potentially including fines or other legal actions.