Kids Off Social Media Act

Overview

• Bill: HR 7399, Kids Off Social Media Act
• Session: 119th Congress
• Purpose: Prohibit access to social media platforms for users under 13, prohibit personalized recommendation systems for users under 17, and limit social media use in schools. Includes related enforcement, privacy protections, and cross-references to a companion education/internet safety framework (Eyes on the Board Act of 2025).

Main purpose and intent

• Create a federal framework to protect children and teens from social media exposure and data-driven personalization.
• Stop under-13 users from creating or maintaining social media accounts.
• Restrict platforms from using personalized recommendation systems that rely on a user’s personal data for children and teens, with narrowly drawn exceptions.
• Impose school-related safeguards via linking to school broadband subsidies and Internet safety policies.

Key provisions and changes

• Definitions (Title I, Sec. 102):

  • Personalized Recommendation System: automated system that suggests/ranks content based on personal data.
  • Child: under 13; Teen: over 12 and under 17.
  • Social Media Platform: broad definition with a detailed list of exclusions (e.g., non-user-generated content sites, email, certain messaging services, educational platforms, etc.).
  • Knowledge: actual knowledge or knowledge fairly implied by objective circumstances.
  • Personal Data: aligns with COPPA’s notion of personal information.

• No children under 13 (Title I, Sec. 103):

  • Social media platforms may not allow accounts for individuals they know are under 13.
  • Termination of existing under-13 accounts.
  • Upon termination, platforms must delete the child’s personal data promptly, with a 90-day window for the child to request a copy of data in a readable, portable format (where feasible).

• Prohibition on personalized recommendations for children/teens (Title I, Sec. 104):

  • Platforms may not use a child’s or teen’s personal data to power personalized recommendation systems.
  • An exception allows limited use of certain data (device type, language, city/town, awareness that the user is a child/teen, and the user’s age) for content delivery.
  • Subsection includes a “rule of construction” clarifying that:
  • Users can still see search results they themselves request.
  • Platforms may take reasonable steps to block illegal content, combat spam, ensure security, and curate user-generated content chronologically if tied to teen accounts (subject to restrictions).

• Determination of knowledge (Title I, Sec. 105):

  • FTC or state AG must rely on reliable evidence and consider total circumstances to determine whether an operator fairly should know a user is a child or teen.
  • Privacy protections: no requirement to implement age verification or to affirmatively collect age data beyond what platforms already collect.

• Enforcement (Title I, Sec. 106):

  • Violations treated as unfair or deceptive acts under FTC Act.
  • FTC enforcement authority mirroring existing tools under the FTC Act.
  • State AGs may sue on behalf of their residents to enjoin, enforce compliance, obtain damages/restitution, etc., with federal-tribunals, and FTC may intervene.
  • Additional procedural details on venue, service, and interagency cooperation.

• Relationship to other laws (Title I, Sec. 107):

  • Preemption limited to conflicts; states may enact tougher protections.
  • Does not repeal privacy laws like COPPA; interacts with Family Educational Rights and Privacy Act (FERPA) and other education/privacy statutes.

• Effective date (Title I, Sec. 108):

  • Provisions take effect one year after enactment.

• Eyes on the Board Act of 2025 (Title II):

  • Updates to COPA/Children’s Internet Safety provisions to include social media platforms in school broadband subsidy rules.
  • Requires school districts to certify that they block student access to social media on supported networks/devices and maintain technology protection measures.
  • Certification timing: within 120 days after funding year start for first year; annually thereafter during program applications.
  • Provides a framework for maintaining compliance, waivers, and remedies, including potential loss of discount rates or funding for noncompliant schools.
  • Creates a public database of internet safety policies submitted by schools and libraries.

• Severability (Title III, Sec. 301): If any provision is found unenforceable, the rest remains in effect.

Who/what is affected

• Social media platforms: new prohibitions on under-13 accounts; restrictions on using personal data for young users; required enforcement and data deletion/removal procedures.
• Children under 13 and Teens (ages 13-17): restricted access and data use; exposure to a limited, non-personalized content experience for minors.
• Schools and school networks: subject to new subsidies-related certification requirements and internet safety policy disclosures; potential impact on funding if noncompliant.
• States and the FTC: enforcement roles, with cooperation and potential civil actions by state attorneys general.
• General public: creation of a public database of internet safety policies for transparency.

Procedural and timeline aspects

• Introduction date: February 5, 2026; referred to the House Committee on Energy and Commerce.
• Effective date: the Kids Off Social Media Act portion becomes effective one year after enactment.
• Eyes on the Board provisions include phased certification timelines tied to federal funding years (first year within 120 days after enactment, subsequent years with annual cycles).
• The Act envisions coordinated enforcement between the FTC and state AGs, with rights of intervention and possible remedies in federal courts.

Note: This summary focuses on the bill text as introduced and its stated provisions; it does not reflect any amendments, Committee reports, or changes that may occur during consideration.