Age verification for social media use proposed

Nebraska minors would need parental consent before creating a social media account under a proposal considered Feb. 6 by the Judiciary Committee.

LB383, introduced by Whitman Sen. Tanya Storer at the request of Gov. Jim Pillen, would create the Parental Rights in Social Media Act, which would take effect Jan. 1, 2026. The bill would require social media companies operating in Nebraska to utilize “reasonable age verification” processes to ensure anyone creating an account on their platform is at least 18 years old.

Individuals younger than 18 still could obtain an account if their parent, who also would be subject to age verification, submits a signed document confirming their consent.

Under the bill, digitized identification cards or third-party services would qualify as a reasonable age verification method. A commercial entity or third party would be prohibited from retaining a person’s identifying information after verification.

LB383 also would require social media companies to provide methods for parents to monitor a minor’s account activity and include options for the parent to:
● view all posts the minor account holder makes under the social media platform account;
● view all responses and messages sent to or by the minor account holder in the social media platform account;
● control the minor’s privacy and account settings; and
● monitor and limit the amount of time the minor account holder spends using the social media platform.

The Nebraska attorney general would be responsible for enforcing the act, which allows for penalties of up to $2,500 for each violation.

Storer said the absence of sufficient age verification when creating social media accounts allows children to access these platforms without parental knowledge. This makes it challenging, if not impossible, for parents to monitor their children’s online activity, she said.

“[LB383] ensures that parents are empowered to protect their children by requiring social media companies to go through parents to verify a minor’s age before allowing them to create an account — just like we do for every other industry or product that poses inherent risk, especially for minors,” Storer said.

Attorney General Mike Hilgers testified in support of the measure, saying Nebraska has become a national leader in holding social media companies accountable for their platforms’ effects on children through two lawsuits filed against Meta and TikTok.

Social media companies are deliberately creating platforms to attract and engage children, he said.

“These are not on-accident algorithms that are just sort of inadvertently bringing in children,” Hilgers said. “These are by design because some of the most lucrative customers you can find in this area are children.”

Thomas Janousek, director of the Division of Behavioral Health at the state Department of Health and Human Services, also testified in support of the bill.

The measure would help parents gain better control over their children’s social media activities by enabling them to monitor usage and behavior, Janousek said. This approach aligns with guidance from the American Academy of Pediatrics, he said, which emphasizes the importance of parental involvement in managing screen time and tracking digital usage.

“By requiring social media companies to verify the age of users and secure parental consent for minors, LB383 establishes essential protections that mitigate these risks and foster healthy engagement,” Janousek said.

Ruthie Barko testified in opposition to the proposal on behalf of TechNet, a technology trade association.

Age verification methods require collecting and processing sensitive, personally identifiable information, Barko said, which conflicts with data privacy best practices and puts users at risk of fraud. If passed by lawmakers, LB383 likely would be challenged and overturned in court, she said.

“No similar legislation requiring parental consent and age verification for minors for online social media platforms has survived a court challenge, and we do not see any reason to believe that this law will be any different,” Barko said.

Representing ACLU Nebraska, Dylan Severino also opposed the bill, saying the Supreme Court has ruled minors have First Amendment protections except in specific circumstances. Preventing people of all ages from accessing social media without first providing proof of their identity is not one of those circumstances, he said.

“LB383 threatens the free speech rights of social media users, forcing us to hand over our private data or lose the ability to participate in robust online conversation,” Severino said.

The committee took no immediate action on LB383.