Rep. Joseph: Rethink the Kids Online Safety Act to balance safety, freedom

This story was originally published in Colorado Politics here.

As our children and teenagers become increasingly intertwined with social media and online platforms, ensuring their safety has become a pressing issue. The bipartisan Kids Online Safety Act (KOSA), which recently passed the Senate and now awaits action in the House, reflects a unified concern for the well-being of our youth. This cross-party collaboration is a hopeful sign we are collectively invested in protecting our children and promoting their rights. However, as with any legislation, it is crucial to examine both its potential benefits and its possible downsides.

KOSA aims to impose a "duty of care" on social media companies to regulate content deemed “harmful to minors.” At first glance, this seems like a prudent step toward safeguarding young users. Yet, the implementation of such regulations could have unintended consequences that might undermine the very protections the bill seeks to enforce.

For marginalized groups, including the LGBTQ+ community and individuals seeking reproductive health information, online platforms are not just sources of social interaction but essential lifelines. Research shows more than 70% of LGBTQ+ individuals find online communities are pivotal in shaping their understanding of their identities. This digital connection is particularly crucial for transgender youth, who benefit from supportive online networks, contributing to lower rates of attempted suicide among those with access to these spaces.

Similarly, the online realm has become a critical source of information and support for those seeking reproductive health care, especially in the wake of the Supreme Court's overturning of Roe v. Wade. Social media platforms provide vital resources and community support for navigating reproductive health, which can be overshadowed by harassment and legal challenges in other forums.

However, KOSA's broad mandate to regulate content could lead to overzealous moderation by social media companies. Much like the SESTA/FOSTA legislation from the previous administration, there is a risk platforms may excessively censor content to avoid legal repercussions, potentially erasing valuable resources and support networks for marginalized communities. This overreach could silence crucial conversations and support systems, leaving these communities vulnerable.

Moreover, there are concerns KOSA could be weaponized for political or ideological agendas. Some sponsors of the bill, like Sen. Marsha Blackburn (R-Tennessee), and affiliated groups have expressed intentions to use KOSA to suppress specific types of content, such as information related to transgender issues. This opens the door for extremist figures, like certain state attorneys general, to exploit the legislation against those they target, further entrenching the suppression of constitutionally protected speech.

In Colorado, we have made strides in safeguarding the rights of women and LGBTQ+ individuals. However, many other states have moved in the opposite direction, highlighting the need for vigilance. The bipartisan nature of KOSA brings a glimmer of hope, reflecting a shared commitment across party lines to protect our children. It is a testament to our collective desire to ensure the safety and well-being of the next generation.

As a legislator, this bipartisan effort reassures me there is a common goal to safeguard our youth, and I believe we can find a balanced approach. I urge policymakers to consider amendments to KOSA or explore alternative measures that effectively protect young users while preserving the essential freedoms and support systems that many rely on. By working together, we can ensure our online spaces remain both safe and inclusive for all.

Colorado state Rep. Junie Joseph is a child welfare and family law attorney.