Bills pass with just one lone ‘no’ over civil liberty concerns
By Abraham Kenmore
COLUMBIA — Legislation designed to protect children from potentially damaging online images and exploitation passed the House on Wednesday, Jan. 31.
One bill would require parental consent for social media accounts. The other requires age verification for pornographic websites.
Both passed with just a single no vote from Rep. Justin Bamberg, D-Bamberg, who blasted them as government overreach.
Advocates say the bills gives parents more say in their children’s online usage.
The social media bill introduced by House Judiciary Chairman Weston Newton, R-Bluffton, would require companies to make “commercially reasonable efforts” to confirm social media account holders are at least 18 years old and, if they’re not, get parental permission.
Newton initially modeled his proposal after a Utah law, which is held up by a legal challenge. It was changed to align with an unchallenged Louisiana law, which provides more, but somewhat vague, ways to verify parental consent.
Possibilities for granting approval include providing government-issued identification, calling a toll-free number, videoconferencing or responding to an email.
“We’re not starting with something that we think a court might come after,” he told the S.C. Daily Gazette, although he acknowledged the South Carolina law still could be challenged.
During a hearing on the bill, representatives of a trade organization representing a number of internet giants told lawmakers that there was no version of the bill that would be acceptable to their membership.
For children and youth who have parental approval, social media companies must limit what they can see and messages they can read.
They must try to block content that shows violent or sexual content or that promotes property destruction or self-harm. The bill specifically prohibits direct messaging from adults and bars the companies from collecting personal information from minors’ posts.
‘Big government’
Bamberg argued that requiring account holders to verify their age would be a nuisance and infringe on the rights of adults.
“No adult in this state, not a single adult in this state, should have to go through some ‘I’m over 18’ age verification to create a Facebook page,” Bamberg said. “If that isn’t big government, I don’t know what is.”
Access to porn
Bamberg was equally opposed to requiring age verification to access pornographic websites. He also argued the proposed law has enough holes that minors could easily skirt the rules.
“This is dangerous if you care about civil liberties for adults,” he said.
That bill’s sponsor, Rep. Travis Moore, described the opposition as an “ambush,” noting that no one spoke against the bill as it moved through the subcommittee to the floor.
He acknowledged the bill is not perfectly enforceable. But just like adults-only clubs have a bouncer at the door, sites that should be for adult eyes only need some barrier, said the Spartanburg County Republican.
“You know where there isn’t a bouncer? Right here,” he said, waving a cellphone.
Protecting children from pornography is critical, he said.
“These harmful images would ruin the lives of our children — having a permanent effect on their hearts and minds,” said Moore, R-Roebuck. “Our victory today goes a long way to protect the children of South Carolina by immediately reducing the number of children that stumble on this inappropriate content.
Perfunctory votes Thursday, Feb. 1, sent both bills to the Senate.
Abraham Kenmore is a reporter covering elections, health care and more. He joins the SC Daily Gazette from The Augusta Chronicle, where he reported on Georgia legislators, military and housing issues.
