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What is PA Senate Bill 22?

Bill Summary: SB 22 (PN 869) A01975 would amend Title 50 (Mental Health) to restrict access to social media by minors (under 16 years old) in the following ways:

1. Establishes a legal avenue to file lawsuits against social media companies if they intentionally, knowingly, recklessly, or negligently cause or encourage a minor to access harmful content detrimental to the minor’s physical or mental health, or that poses a reasonable risk of bodily harm or death. This includes potential claims for both actual and punitive damages. Social media companies can defend themselves by demonstrating a good faith effort to protect minors from harm.

2. Mandates parental consent for minors to create social media accounts. The Office of the Attorney General will facilitate this process by offering consent forms online for parents to complete. Once submitted, the OAG will forward these completed forms to the respective social media platforms. Parents retain the ability to revoke their consent, resulting in the suspension, disabling, or deletion of the minor’s account.

3. Grants parents access to their children’s social media accounts.

4. Empowers the Attorney General to take legal action against social media companies that fail to adhere to the consent requirements, potentially resulting in statutory damages and injunctions for repeated violations.

5. Prohibits social media companies from utilizing a minor’s data for any profit-driven purposes, including selling or mining the data, without obtaining prior consent from the parent. This prohibition also includes provisions for seeking statutory damages and injunctions.

6. Requires social media platforms to establish procedures for the removal and deletion of a minor’s data upon the request of either the minor or the parent. Failure to comply with these procedures may result in statutory damages accruing each day the social media platform remains non-compliant.

Why are we against this? 

The Right to Learn and Explore: We firmly believe that children have the right to learn and explore as they grow, with appropriate protections in place. While SB 22 is well-intentioned in its aim to protect minors online, it doesn’t fully address important considerations. It must recognize the ability of teenagers to access legitimate information, especially when it pertains to critical aspects of their lives, and the potential impact on teens in unsupportive households.

Concerns Echoed by Experts: SB 22 bears a striking resemblance to legislation passed in other states, such as Utah, Arkansas, Ohio and Texas. We have noted a flurry of concerns expressed by child safety, privacy, and First Amendment experts about the potential harm these bills may cause to children. Organizations like Common Sense Media, the ACLU, Electronic Frontier Foundation, and Fight for the Future have all raised detailed concerns, many of which align with our own apprehensions regarding SB 22.

Support for Well-Crafted Legislation: We want to make it abundantly clear that we support legislation that puts meaningful age-appropriate safeguards in place, respects users’ right to privacy, and ensures their access to information. It is our firm belief that well-crafted legislation can achieve all these objectives without subjecting Pennsylvanians to the negative impacts seen in states that have adopted the Utah model. In essence, legislation should protect children and teens on the internet, not shield them from it entirely.

A Collaborative Approach: We are open to collaboration and are eager to work with you on legislation that addresses these concerns effectively. For instance, one approach could involve requiring companies to evaluate the risks associated with new product developments and outline plans to mitigate them, thereby ensuring greater accountability. This approach aligns with the recent Surgeon General Advisory on Social Media and Youth Mental Health, which recommends that technology companies assess the impact of their products on children and adolescents while prioritizing user health and safety in their design and development processes.