Tech Firms Challenge SC Youth Law
Major social media companies are challenging South Carolina’s Age-Appropriate Code Design Act in court. The law requires platforms to limit certain features, such as those deemed addictive, for users under 18. This legal battle is part of a broader regulatory movement focused on child safety and age-appropriate design in digital products.
- The lawsuit was filed by NetChoice, a trade association representing major tech companies like Meta (owner of Facebook and Instagram), TikTok, and X (formerly Twitter). - South Carolina's law, signed by Governor Henry McMaster, took effect immediately on February 5, 2026. NetChoice filed its legal challenge just two days later. - The law requires covered online services to exercise "reasonable care" to prevent harms to minors, including compulsive use and severe emotional distress. It also mandates tools for parents and minors to disable nonessential design features, limit time spent on the service, and block unwanted communications. - Specific design features targeted by the law include infinite scrolling, auto-playing videos, gamification, visible likes and comments, and push notifications. - NetChoice argues the act is unconstitutional because it violates the First Amendment by compelling companies to act as "the government's speech police" and infringes on the due process clause by taking effect immediately without giving companies time to comply. - This legal challenge is part of a national trend, with NetChoice also suing over similar laws in states like California, Maryland, Ohio, and Arkansas. A federal court has already granted a preliminary injunction against the enforcement of California's similar Age-Appropriate Design Code Act. - South Carolina is one of five states, along with California, Maryland, Nebraska, and Vermont, to enact an age-appropriate design code law. - Violations of the South Carolina law can lead to significant penalties, including treble damages and personal liability for officers and employees for "wil[l]ful and wanton" violations.
