Bill Analyses and Ratings
Bill Information: H0542 – Stop Harms from Addictive Social Media Act
Bill Summary
This bill creates the ‘Stop Harms from Addictive Social Media Act’ as a new chapter in Idaho Code Title 48. It applies to social media platforms generating at least $1 billion in annual advertising revenue worldwide. The legislation requires these platforms to estimate the age of account holders after specified usage thresholds (25 and 50 cumulative hours within six months) and mandates verifiable parental consent before creating or maintaining accounts for children age 16 or younger.
The bill prohibits covered platforms from displaying addictive interface features to children, including infinite scrolling, auto-play video, push notifications, and profile-based feeds. It also bans profile-based paid commercial advertising targeted at children and requires all privacy settings for children’s accounts to default to the most private levels. Parents must provide consent to change these settings and are given options to monitor usage time and set access limits.
Enforcement mechanisms include private rights of action for children and parents, with statutory damages of $10,000 for reckless or knowing violations, plus potential punitive damages for patterns of misconduct. The Attorney General may also pursue violations as breaches of Idaho’s consumer protection laws. The bill includes provisions for account termination upon parental request and declares any waivers of its protections void and unenforceable.
Overall Assessment
This legislation receives a neutral overall score of 0, with alignment primarily in one area. The bill strongly supports parental authority over children’s social media use through mandatory consent requirements and parental control options, earning positive recognition under family protection principles. However, it creates new regulatory requirements and enforcement mechanisms for large technology companies, which conflicts with limited government principles. The bill does not substantively address most other policy areas evaluated, as it focuses narrowly on social media platform regulation for minors.
Rating Breakdown
ARTICLE I. RESPONSIBILITY IN GOVERNMENT (-1)
The bill creates an entirely new regulatory chapter (Chapter 21, Title 48) imposing extensive compliance requirements on social media platforms, including age estimation systems (Section 48-2103), parental consent verification processes (Section 48-2104(1)(b)), and ongoing monitoring obligations. These mandates expand government oversight and create new enforcement mechanisms through both the Attorney General and private rights of action (Section 48-2105), representing growth in regulatory authority that conflicts with principles of limited government.
ARTICLE II. CITIZEN INVOLVEMENT IN GOVERNMENT (0)
This bill regulates social media platforms' treatment of minors and does not address citizen participation in government, electoral processes, voting methods, or political discourse. The legislation focuses exclusively on commercial platform operations and parental consent requirements without implicating civic engagement or governmental participation mechanisms.
ARTICLE III. EDUCATION (0)
While the bill empowers parents to control their children's social media access through consent requirements (Section 48-2104(1)(b)) and monitoring options (Section 48-2104(2)(b)), it does not address educational institutions, curriculum, school choice, or learning content. The legislation regulates commercial platform features and account management rather than educational policy or parental rights in academic settings.
ARTICLE IV. AGRICULTURE (0)
This bill addresses social media platform regulation for minors and contains no provisions related to agriculture, farming, ranching, agricultural education, or related industries. The legislation is entirely focused on digital platform operations and child protection.
ARTICLE V. WATER (0)
The bill regulates social media platforms and does not address water rights, water management, inter-basin transfers, or any water-related policy matters. No provisions relate to water resources or appropriation.
ARTICLE VI. NATURAL RESOURCES AND ENVIRONMENT (0)
This legislation focuses on social media platform operations and child protection without addressing natural resources, environmental stewardship, land management, or conservation policies. No provisions relate to environmental or resource utilization matters.
ARTICLE VII. ENERGY (0)
The bill regulates social media platforms for minors and contains no provisions related to energy independence, energy production, electrical rates, or energy research. The legislation does not address energy policy in any capacity.
ARTICLE VIII. IDAHO NATIONAL LABORATORIES (0)
This bill addresses social media regulation and does not mention or relate to Idaho National Laboratory, nuclear research, technology development, or Department of Energy programs. No provisions concern INL operations or research activities.
ARTICLE IX. PRIVATE PROPERTY RIGHTS (0)
The bill regulates social media platform operations and account management without involving physical property rights, eminent domain, or property takings. While it imposes requirements on digital platforms, it does not implicate Fifth Amendment property protections or land use rights.
ARTICLE X. STATE AND FEDERAL LANDS (0)
This legislation regulates social media platforms and contains no provisions related to state or federal land ownership, land management, or Idaho's administration of public lands. The bill does not address land policy matters.
ARTICLE XI. WILDLIFE MANAGEMENT (0)
The bill focuses on social media platform regulation for minors and does not address wildlife management, hunting, fishing, predator control, or Fish and Game Department activities. No provisions relate to wildlife or natural resource management.
ARTICLE XII. ECONOMY (0)
The bill targets large social media platforms generating at least $1 billion in worldwide advertising revenue (Section 48-2102(4)), which are primarily out-of-state corporations rather than Idaho small businesses. While it creates regulatory compliance costs, the legislation does not directly address Idaho's small business environment, economic development, or state business climate in ways that clearly align with or oppose the stated economic principles.
ARTICLE XIII. HEALTH AND WELFARE (0)
While the bill allows damages for 'harm to mental health and emotional distress' (Section 48-2105(2)(a)) and addresses addictive platform features, it does not regulate healthcare delivery, medical decisions, insurance, or welfare programs. The legislation focuses on social media platform operations rather than healthcare systems or medical treatment authority.
ARTICLE XIV. AMERICAN FAMILY (1)
The bill strongly reinforces parental authority by requiring verifiable parental consent before platforms can create or maintain accounts for children (Section 48-2104(1)(b)), mandating that privacy settings default to maximum protection and cannot be changed without parental consent (Section 48-2104(2)(a)), and providing parents with options to monitor usage time and set access limits (Section 48-2104(2)(b)). These provisions directly empower parents to protect their children from potentially harmful digital content and addictive platform features, aligning with principles that families, not government programs, are best positioned to nurture and protect children.
ARTICLE XV. OLDER AMERICANS (0)
This bill regulates social media accounts for children (age 16 or younger) and minors, without addressing policies affecting older Americans, retirement security, healthcare for seniors, or workforce participation by older individuals. The legislation does not relate to issues concerning older populations.
ARTICLE XVI. LAW AND ORDER WITH JUSTICE (0)
The bill creates civil enforcement mechanisms and private rights of action for social media violations (Section 48-2105) but does not address criminal justice, gun rights, death penalty, drug policy, incarceration, or juvenile criminal justice. The legislation focuses on civil remedies for platform compliance rather than law enforcement or criminal justice matters.
ARTICLE XVII. NATIONAL DEFENSE – SECURING THE BORDER (0)
This bill regulates social media platforms for minors and contains no provisions related to military strength, veterans' affairs, border security, National Guard operations, or national defense. The legislation does not address defense or border security matters.
ARTICLE XVIII. ELECTION OF JUDGES AND IDAHO SUPREME COURT JUSTICES (0)
The bill addresses social media platform regulation and does not relate to judicial selection, judicial elections, or constitutional interpretation principles. No provisions concern the judiciary or court systems.
ARTICLE XIX. RELIGIOUS LIBERTY (0)
This legislation regulates social media platforms without addressing religious freedom, free exercise of religion, or the Religious Freedom Restoration Act. Section 48-2106(1) explicitly states that nothing in the chapter limits what content parents may show their children, maintaining religious liberty neutrality without implicating religious practice or expression.