If good intentions created good laws, there would be no need for congressional debate. While I deeply sympathize with the families of those who have tragically lost loved ones to suicide, and I have no doubt the authors of the Kids Online Safety Act genuinely want to protect children, KOSA is not the solution
KOSA would impose an unprecedented duty of care on internet platforms to design their sites to mitigate and prevent harms associated with mental health, such as anxiety, depression and eating disorders. This requirement will not only stifle free speech, but it will deprive Americans of the benefits of our technological advancements.
With the internet, today’s children have the world at their fingertips. While doctors’ and therapists’ offices close at night and on weekends, support groups are available 24 hours a day seven days a week for people who share similar concerns or have the same health problems. Any solution to protect kids online must ensure the positive aspects of the internet are preserved.
KOSA supporters will tell you that they have no desire to regulate content. But the requirement that platforms mitigate undefined harms belies the bill’s effect to regulate online content. Imposing a “duty of care” on online platforms to mitigate harms associated with mental health can only lead to one outcome: The silencing of constitutionally protected speech.