Explaining the Louisiana Age Verification Law 

Published July 19, 2024

Words by Aiste Joksaite

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On June 28, 2023, Louisiana Governor John Bel Edwards signed the Secure Online Child Interaction and Age Limitation Act (SB 162). This legislation represents a significant step in the ongoing effort to protect minors in the digital age. Targeting social media platforms, the act mandates strict age verification protocols and parental controls to safeguard children under 16 years old against material harmful to minors. Louisiana passed this law on July 1, 2024, which brings Louisiana to the forefront of states taking proactive measures against the risks posed by unregulated online interactions and accessing adult content.

Key Provisions of SB 162

SB 162 is comprehensive in its approach, focusing on platforms with over 5 million global users. Here’s a breakdown of the primary Louisiana age verification requirements:

Age Verification

Social media platforms must use commercially reasonable age verification methods that use government-issued identity documents or public or private transactional data to verify the age of Louisiana account holders.

Obtain explicit parental consent for minors to create or maintain accounts. Accepted methods for this include:

• Parental consent forms.
• Toll-free telephone numbers.
• Video conferencing technology.
• Government-issued identification.
• Email plus additional steps to verify identity.
• Any other commercially reasonable methods leveraging available technology.

Parental Supervision

The law mandates that platforms provide parents or guardians with tools to supervise their children’s accounts, including:

• Viewing and managing privacy settings.
• Setting daily time limits.
• Enabling notifications for parents regarding their children’s activities.

Prohibitions

The act prohibits:

• Minors from opening accounts if ineligible under other state or federal laws.
• Adults from messaging minors unless already connected on the platform.
• Displaying advertisements based on minors’ personal information.
• Collecting or using minors’ data beyond what is necessary and relevant.

Exceptions and Enforcement

SB 162 outlines several exceptions for the definition of a social media platform, excluding companies primarily offering:

• Interactive and virtual gaming.
• Email services.
• Streaming licensed media.
• Preselected content like news, sports, and entertainment.
• Business-to-business software and video/teleconferencing services.

Louisiana’s Division of Public Protection holds exclusive enforcement and rulemaking authority. They can impose fines of up to $2,500 per violation and initiate enforcement actions against platforms failing to address violations within 45 days. Courts can further impose civil penalties, issue injunctions, order disgorgement, and award actual damages to affected consumers.

Report: Age Verification Regulations Around the World

The Broader Context: Age Verification for Adult Content

The Secure Online Child Interaction and Age Limitation Act is part of a broader initiative to regulate online content and protect minors. Another significant piece of legislation, Act 440 of 2022, targets websites with substantial adult material. This law requires adult websites to use robust age verification systems to restrict access to minors.

However, compliance with Act 440 has been contentious. Several providers in the adult entertainment industry have opted to withdraw their services from highly regulated areas rather than implement the required age verification measures. This widespread non-compliance underscores the ethical and regulatory challenges in protecting minors from inappropriate online content. An adult entertainment group filed a lawsuit against the age verification law in Louisiana but it was thrown out by a judge in early October. 

Privacy Concerns

On top of this, many people still resist age verification laws for several reasons. Groups like the Free Speech Coalition argue that these regulations could suppress free speech and violate the rights to privacy with invasive and burdensome systems. 

In the past, stronger age check methods often meant providing more personal information, which raised privacy concerns. As many services use ID-based age verification, users worry that means they must share their ID information with third-parties. However, age verification methods are no longer as simple or invasive as they were in the past. 

ID-based Age Verification

ID-based age verification involves steps similar to identity verification. Users provide an identity document and a selfie for biometric comparison to ensure secure verification. Considered the most accurate method that also safeguards against fraud, ID-based age verification allows users to stay private as it does not collect any unnecessary data. 

Age Estimation

Age estimation tools reduce the need for identity documents by using biometric data to categorize users into age groups. Ondato’s system can onboard most users without additional documents, requiring IDs only when uncertainties arise. This approach effectively protects children online while addressing privacy concerns raised by critics.

Learning from Louisiana

Louisiana has taken a stringent approach to age verification laws, serving as a model for other regions. Some countries look to Louisiana’s strict measures as a blueprint, but the long-term outcomes remain to be seen.

Age verification laws vary widely, from South Carolina to South Korea, and even extend to specific areas like vaping regulations. Understanding these differences provides a comprehensive view of the global landscape of age checks. Different countries have unique regulations that platforms must comply with. For example, Germany’s laws are criticized for potential over-censorship, while US laws like COPPA are said to encourage kids to lie about their age. Understanding and selecting the right age verification solution is essential for seamless compliance.

The Need for Robust Regulation

The necessity for robust age verification systems is evident as regulators argue that online platforms can expose young individuals to harmful content, with potential emotional and psychological impacts. Effective regulation is essential to mitigate these risks. Statistics highlight the urgency: over 25% of children aged 3 to 4 and 75% of children aged 5 to 7 in the UK spend more than nine hours per week online. These figures are likely reflective of global trends, emphasizing the critical need for protective legislation.

Last Thoughts

Louisiana’s Secure Online Child Interaction and Age Limitation Act represents a significant advance in protecting minors in the digital space. By enforcing strict age verification and parental control measures, the state aims to create a safer online environment for its youngest users. As the digital landscape continues to evolve, such proactive legislation will be crucial in safeguarding the well-being of children online.

Published July 19, 2024

Words by Aiste Joksaite

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