A newly filed bill in Congress aimed at protecting children online could create headaches for advertisers trying to promote legal marijuana and other regulated substances.
Titled the Kids Online Safety Act (KOSA), the bipartisan proposal—from Sens. Marsha Blackburn (R-TN) and Richard Blumenthal (D-CT) as well as Senate Majority Leader John Thune (R-SD) and Senate Minority Leader Chuck Schumer (D-NY)—would create a “duty of care” for online platforms such as social media and streaming video services, requiring them to take steps to prevent access to potentially sensitive content by minors.
That includes advertisements for cannabis products and certain other drugs and services.
A factsheet from Blackburn’s office says the duty of care “requires social media companies to prevent and mitigate certain harms that they know their platforms and products are causing to young users.”
The sponsors say the legislation is necessary to protect children from pernicious practices that keep “kids glued to their screens” for hours a day, alleging that “Big Tech is trying every method possible to keep them scrolling, clicking ads, and sharing every detail of their life.”
The 63-page bill “targets the harms that online platforms cause through their own product and business decisions,” the factsheet says, “like how they design their products and applications to keep kids online for as long as possible, train their algorithms to exploit vulnerabilities, and target children with advertising.”
Much of the proposal is aimed at limiting content that fuels behavioral health disorders. Platforms would need to “exercise reasonable care in the creation and implementation of any design feature to prevent and mitigate the following harms to minors,” it says, listing eating and drug use disorders, suicidal ideation, violence and harassment, sexual exploitation, financial harm and others.
As for controlled substances, online platforms would be prohibited from facilitating the “advertising of narcotic drugs, cannabis products, tobacco products, gambling, or alcohol to an individual that the covered platform knows is a minor.”
The provision around drug use lists the “distribution, sale, or use of narcotic drugs, tobacco products, cannabis products, gambling, or alcohol” as risks that platforms would need to actively guard minors against.
Video streaming platforms meanwhile, would be required “to employ measures that safeguard against serving advertising for narcotic drugs, cannabis products, tobacco products, gambling, or alcohol directly to the account or profile of an individual that the service knows is a minor.”
“Big Tech platforms have shown time and time again they will always prioritize their bottom line over the safety of our children, and I’ve heard too many heartbreaking stories to count from parents who have lost a child because these companies have refused to make their platforms safer by default,” Blackburn said in a press release about the legislation.
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