Kids Online Safety Act Faces Uncertain Future Amid Free Speech Concerns and Tech Lobbying

The Kids Online Safety Act (KOSA) was once considered a top contender for child safety legislation in 2024, aiming to regulate how children interact with social media to reduce risks like eating disorders, anxiety, bullying, and sexual abuse. Despite bipartisan Senate support and a nearly unanimous vote, the bill faced unexpected hurdles in the House of Representatives. House Republican leadership, concerned that KOSA might lead to the removal of conservative content, essentially stalled its progress. This setback came amid broader political upheavals following the Trump administration's return to power in early 2025. Parent and youth advocates continue to press for urgent action, especially in light of the growing threat of AI-generated nude images of minors. However, civil liberties groups and left-leaning critics fear that the administration could misuse such legislation to suppress content related to LGBTQ+ issues or other marginalized topics. There are also concerns that platforms might err on the side of caution by over-removing content to avoid liability. The legislative landscape has shifted, making the future of KOSA unclear. Other bills, such as the Take It Down Act (addressing nonconsensual deepfake images) and the Kids Off Social Media Act (KOSMA, which seeks to ban social media accounts for children under 13), seem to have gained momentum under the new Republican-led Commerce Committee, chaired by Sen. Ted Cruz. These bills, along with the Children and Teens’ Online Privacy Protection Act (COPPA 2.0), which updates existing privacy laws and bans targeted advertising to minors under 16, appear to be more viable options. KOSA’s failure can partly be attributed to intense lobbying from major tech companies like Meta and Google, who fear the bill could lead to increased liability and content restrictions. While smaller platforms like Pinterest and Snap, as well as Microsoft, supported the bill, Meta and Google used cultural and political issues to mobilize opposition. Analyst Paul Gallant from Cowen believes that Big Tech might consider supporting a children’s safety bill if it helps them avoid more severe consequences, such as reforms to Section 230, which shields platforms from liability for user-generated content. Section 230 remains a critical concern for these companies, as losing it could have far-reaching implications for their business models and operations. Bailey Sanchez, deputy director of the US legislation team at the Future of Privacy Forum, anticipates that some form of child safety legislation will pass this session, though it might be more targeted and less comprehensive than KOSA. She suggests that COPPA 2.0, with its focused measures, could be a more realistic candidate for achieving consensus. Sanchez also notes that state-level actions and court decisions are playing a significant role in shaping child safety laws, as numerous states have enacted measures that are often subject to legal challenges. In Washington, D.C., the fate of such legislation remains uncertain, with the Trump administration's influence being a key factor. While the issue of child safety is broadly popular among American parents, the administration's erratic approach to policymaking complicates matters. Gallant speculates that if Trump prioritizes child safety, it could accelerate legislative progress, but there are no guarantees given his inconsistent track record. Industry observers and analysts agree that the child safety bill landscape is complex and subject to political maneuvers. While KOSA and similar bills aim to safeguard children online, they must navigate the delicate balance between protection and freedom of expression, all while facing strong resistance from powerful tech companies. The ongoing legal battles at the state level suggest that even if federal legislation stalls, efforts to enhance child safety will continue to evolve in different jurisdictions. In the meantime, the focus on more targeted legislation, like COPPA 2.0, may offer a clearer path forward. The involvement of the courts in blocking state laws also indicates that any successful federal measure will need to be carefully crafted to withstand legal scrutiny and political opposition. As the debate continues, the balance between protecting children and preserving free speech remains a central challenge in the quest for effective online safety regulations.