Snapchat 'openly defying' law, allowing kids access to harmful, addictive content: Florida AG
Florida's Attorney General James Uthmeier filed a lawsuit Monday against Snap Inc., the parent company of Snapchat, alleging the popular platform has been "openly defying" state law aimed at protecting young minors from addictive social media features and obscene and dangerous content.
Attorney General Uthmeier, who was recently appointed by Florida GOP Gov. Ron DeSantis, alleged in a circuit court complaint filed Monday that Snapchat utilizes addictive features to attract minors under the age of 13, who companies like Snapchat aren't even allowed to provide accounts to under state law H.B. 3 in Florida.
The suit also alleges Snapchat does not adequately verify its users' ages, noting parental consent is required in Florida for Snapchat users who are under 16, and has been deceptive about its identification of content that is not supposed to be accessible to minors.
"Snap's conduct is particularly egregious because it continues to market Snapchat in Florida as safe for users as young as 13 even though it knows that Snapchat can be easily used to access pornography and buy drugs, among many other dangers," Uthmeier's complaint states. "Rather than obeying Florida law by removing 13-year-old users from the platform and seeking parental consent for 14- and 15-year-old users, Snap is actively deceiving Florida parents about the risks of allowing their teens to access this platform."
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Uthmeier argued in his suit that Snapchat's current age ratings for content are "highly deceptive and unfair," pointing to a Washington Post columnist who tested Snapchat's AI chatbot feature and was able to get it to provide instructions to a 13-year-old on how to mask the smell of pot and alcohol. He pointed to Snapchat's "Find Friends" feature as well, among others, which Uthmeier alleged has "connected minors with adult strangers seeking to groom, harass, exploit, and even assault them, or to sell them illegal drugs."
According to Uthmeier, Snapchat has recognized in other litigation that it is subject to the provisions under Florida's H.B. 3, leading him to assert in the Monday complaint that the platform is "openly defying this important public health measure."
However, Snap Inc. argues that the underlying premise of Uthmeier's complaint, that Snapchat is violating H.B. 3, is flawed because the law infringes on the First Amendment rights of adults and young people. Simultaneously, Snap Inc. said, H.B. 3 fails to adequately address age verification and opens up Floridians to data protection and privacy issues.
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"We believe there are more privacy-conscious solutions to online safety and managing age verification, including at the operating system, app store, or device level," a Snap Inc. spokesperson said in a statement to Fox News Digital. "In addition, there is a current challenge to the constitutionality of this law pending in Florida federal court, and we hoped that the state would allow this challenge to proceed through the proper legal process. Unfortunately, they’ve decided to file a complaint in state court in an attempt to bypass the issues that are already being heard in federal court."
H.B. 3 has been challenged by industry groups in a lawsuit last year arguing the state law violated First Amendment rights. The plaintiff's in that suit, the Computer & Communications Industry Association and NetChoice, which collectively represent numerous major social media platforms including Snapchat, have also challenged other state laws aimed at protecting minors from harmful social media features and content on the grounds they violate the First Amendment.
The law prohibits social media apps that utilize certain addictive features, such as push notifications, autoplay features, infinity scrolling, and more, from allowing users under the age of 13 to open an account. For users under 16, parental notification must be obtained.
The bill also requires companies like Snapchat that knowingly publish adult content on their platforms to take steps to prohibit access to such material by any users under 18.
According to the law, any platforms that knowingly or recklessly violate H.B. 3's requirements can be subject to enforcement under the Florida Deceptive and Unfair Trade Practices Act, which can result in fines of up to $50,000 per incident. Meanwhile, account holders who are minors may also pursue up to $10,000 in damages.
"We’re actively challenging Florida’s law because it violates the First Amendment," Paul Taske, NetChoice Associate Director of Litigation, told Fox News Digital. "We’re confident we will be successful."
Nonprofits that promote parental rights, including the American Parents Coalition and the International Center for Missing and Exploited Children, expressed support for Uthmeier's suit, pointing out that social media use among minors can have detrimental impacts to their mental fitness and overall well-being later in life.
"It is indisputable that social media is hurting our kids' mental and physical health," Alleigh Marré, Executive Director of American Parents Coalition, told Fox News Digital. "Beyond the broad challenges young people face with the intentionally addictive nature of the platforms, Snapchat has allowed poor safety measures and inadequate parental controls to put our kids at risk. From sexual predators to drug dealers, to pornography, Snapchat’s leadership is aware of the risks associated with the platform, especially for young people, but they’ve put profit ahead of protection."
"Attorney General Uthmeier recognizes that Florida's children are the future of our community and our most precious asset. General Uthmeier’s focus on protecting children from inappropriate content and the threats posed by child predators demonstrates a profound understanding of their vulnerability and the imperative need to keep them safe online," added Bob Cunningham, Director of Policy Engagement for the International Center for Missing and Exploited Children. "By prioritizing their protection, he is not only enhancing our current legislative landscape but also setting a vital example for others to follow."