Children and Media

Over 20 years ago, the US Supreme Court unanimously decided Reno v. American CivilLiberties Union (ACLU), which found the communications decency provisions of the Telecommunications Act of 1996 to be unconstitutional. Applying a strict scrutiny judicial review standard under the First Amendment, the Supreme Court concluded that unlike broadcasting (where the FCC’s “indecency” content regulation consistently has been upheld due to the unique characteristics of that medium), no government regulation would be constitutionally permissible—even for online child protection.

Almost 340,000 youths in Pennsylvania who do not have access to a reliable broadband connection. At Penns Valley Area High School (PA), where at least 8% of students have only dial-up internet access at home, many teachers don’t assign internet-based homework.

In an innocuous-sounding "rule change" to the Communications Act of 1984, the Federal Communications Commission would allow cable providers to deduct "in-kind" services from a local franchise fee to municipalities required by the Act, specifically a maximum five-percent levy on gross revenues. "In kind" is currently a term without a clear definition, and in a particularly diabolical twist, the FCC plans to leave it to the cable companies to determine the monetary value of such nebulous services (and exactly what those services are) before deducting that value from their mandated fee.

Senator Ed Markey (D-MA) announced that he is proposing new legislation to protect children from the dangers of the internet. The bill, called the Kids Internet Design and Safety (KIDS) Act, lays out six areas for new regulation:

Apple announced a new initiative in support of leading nonprofit organizations in the US and Europe that offer nonpartisan, independent media literacy programs. The News Literacy Project (NLP) and Common Sense in the US and Osservatorio Permanente Giovani-Editori in Italy will each receive support from Apple to advance their efforts in empowering young people with the critical thinking skills necessary in today’s digital age.

With increased tracking of children and teens online and the collection their personal data a widespread practice, Sens Ed Markey (D-MA) and Josh Hawley (R-MO) introduced legislation to update children’s online privacy rules for the 21st century. The legislation updates the Children’s Online Privacy Protection Act (COPPA) by prohibiting internet companies from collecting personal and location information from anyone under 13 without parental consent and from anyone 13- to 15-years old without the user’s consent.

Some Federal Trade Commission officials are calling the agency's $5.7 million fine against Musical.ly (now known as TikTok) for children’s privacy violations a “big win.” But critics say it highlights how Washington regulators aren’t doing enough to keep kids safe online. “While this fine may be a historic high for a [Children's Online Privcacy Protection Act (COPPA)] violation, it is not high enough for the harm that is done to children and to deter violations of the law in the future by other companies,” Sen Ed Markey (D-MA) said.

The operators of the video social networking app Musical.ly, now known as TikTok, have agreed to pay $5.7 million to settle Federal Trade Commission allegations that the company illegally collected personal information from children. This is the largest civil penalty ever obtained by the Commission in a children’s privacy case. The Musical.ly app allowed users to create short videos lip-syncing to music and share those videos with other users.

Common Sense Media, Campaign for a Commercial Free Childhood, Center for Digital Democracy, and over a dozen organizations called upon the Federal Trade Commission to investigate whether Facebook has engaged in unfair or deceptive practices in violation of Sec 5 of the FTC Act and the Children’s Online Privacy Protection Act (COPPA). Advocates are concerned that Facebook employed unfair practices by charging children for purchases made without parental consent and often without parental awareness.