A bill with bipartisan support is quietly progressing through Congress, raising concerns about potential implications for LGBTQ+ online content. Officially known as the Kids Online Safety Act (KOSA), the legislation ostensibly aims to restrict minors’ access to social media, regulate the content they are exposed to, and enhance privacy and parental supervision features on social platforms. However, specific provisions within the bill have raised alarms among LGBTQ+ advocates, who fear these provisions could be misused to censor LGBTQ+ material online. These concerns have been validated gradually, as several prominent supporters of the bill have openly expressed their intentions to use its provisions to target such content. These concerns came to light recently when the bill’s primary sponsor, Senator Marsha Blackburn, made a concerning statement about her objectives for the legislation, indicating that it would be employed to “protect minor children from transgender individuals in our culture.”
Initially introduced in February 2022, KOSA garnered limited support until its recent reintroduction in May 2023. The bill enjoys broad bipartisan backing, with 43 co-sponsors, including 21 Democratic Senators. Even President Biden has endorsed the legislation, emphatically urging its passage by stating, “Pass it. Pass it. Pass it.”
However, some provisions of the bill appear to align with the concerns of those who oppose LGBTQ+ rights, particularly those advocating for targeted legislation against transgender individuals in the United States this year. While many aspects of KOSA receive praise for their efforts to encourage social media platforms to reduce excessive usage among minors and enhance privacy protections, certain elements could potentially be exploited in relation to transgender-related content.
Duty of Care: Addressing Mental Health Challenges on Social Media
One section that has garnered significant attention is known as the “duty of care.” According to this part of the bill, social media companies must implement measures to prevent and address issues such as “anxiety, depression, eating disorders, substance use disorders, and suicidal behaviors.” Let’s take a closer look at this particular section:
Although transitioning has been shown to help the mental well-being of transgender individuals and reduce the risk of suicide, Republican lawmakers in several U.S. states this year have put forward flawed arguments claiming that being transgender is harmful to the mental health of minors and that exposure to transgender-related content and people is unsafe. Furthermore, these bills grant state attorneys general the authority to take legal action to enforce the legislation.
For those keeping an eye on the actions of state attorneys general in states with anti-transgender agendas this year, it’s evident that these laws could be misused against transgender individuals. In 2022, Texas Attorney General Ken Paxton garnered attention by issuing a directive to investigate parents of transgender youth for child abuse, nearly separating these children from their families. Fortunately, the courts blocked this directive. This year, Missouri Attorney General Andrew Bailey attempted to restrict access to healthcare for transgender minors and many adults through a decree, although the courts halted parts of it.
Concerns and Controversies Surrounding Legislation Impacting LGBTQ+ Content Online
Recently, seven state attorneys general jointly signed a letter suggesting that LGBTQ+ merchandise could be deemed obscene and harmful to minors. In Montana, there was an attempt to amend a bill to ban “acts of transgenderism” on the internet, claiming it was harmful to minors. Given this background, it’s easy to see how they might use the new bill to target transgender-related content online.
This isn’t just a matter of speculation; anti-LGBTQ+ organizations have openly revealed their intentions regarding the bill. For instance, the Heritage Foundation, a right-wing organization supportive of KOSA, expressed its backing for the legislation. When critics pointed out that this organization endorsed using the bill this way, the Heritage Foundation stood firm, stating, “Safeguarding children by preventing exposure to transgender content is essential. No child should be encouraged to undergo irreversible bodily changes in pursuit of an unattainable goal.”
The Impact of Kids Online Safety Act on LGBTQ+ Online Content
In a clear indication of concerns surrounding this law, Senator Marsha Blackburn, a major sponsor of the bill, mentioned that its purpose is to “shield minor children from transgender influences in our society.”
The Kids Online Safety Act (KOSA) poses a significant threat to LGBTQ+ online content, even without specific targeting. Social media platforms are already known to censor such content, often leading to demonetization, removal, or shadow-banning. This issue is exacerbated by content moderators working in areas where LGBTQ+ activities are illegal or stigmatized, resulting in inadequate training and unjust suppression of LGBTQ+ material. KOSA would institutionalize these practices, increasing the risk of censorship as platforms try to avoid legal action.
Surprisingly, opposition to KOSA has been limited, even among LGBTQ+ allies. While some LGBTQ+ organizations initially opposed the bill, many have shifted to a neutral stance or quietly withdrawn their opposition. This shift is attributed to “meaningful conversations” with key allies. Despite bipartisan support and President Biden’s endorsement, KOSA has become a divisive issue, causing a rift between LGBTQ+ activists and organizations meant to represent them and Democratic officials who typically support LGBTQ+ rights. This divide could have serious consequences for the LGBTQ+ community if the bill is passed.
