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Federal court rules Mississippi can enforce social media age verification law

A federal court ruled Thursday that a Mississippi law requiring social media users to verify their age can go into effect.

A three-judge panel in the 5th Circuit Court of Appeals overturned a previous decision by a federal judge that blocked the Walker Montgomery Protecting Children Online Act from going into effect. Social media platforms must now verify users’ ages and obtain parental consent for anyone under 18 years old in Mississippi.

Mississippi Attorney General Lynn Fitch argued that the law could mitigate possible harm caused by “sex trafficking, sexual abuse, child pornography, targeted harassment, sextortion, incitement to suicide and self-harm, and other harmful and often illegal conduct against children.”

In court filings, Fitch wrote that the state “enacted [the law] after a sextortion scheme on Instagram led a 16-year-old Mississippian to take his own life. The act imposes modest duties on the interactive online platforms that are especially attractive to predators.”

Gov. Tate Reeves (R-MS) signed the legislation into law in April after state lawmakers unanimously approved it.

NetChoice, the industry group that brought the lawsuit, argued that the law goes against users’ privacy rights and restricts the expression of free speech for all social media users.

NetChoice has brought suits against similar laws in Arkansas, Florida, Georgia, and Utah. It represents some of the largest social media companies in the United States, including Meta, which owns Facebook and Instagram, and the parent company of Snapchat.

NEWSOM AND DESANTIS FIND RARE COMMON GROUND IN SOCIAL MEDIA RESTRICTIONS FOR CHILDREN

The group said it will continue its legal battle against the law in Mississippi.

“NetChoice will continue to fight against this egregious infringement on access to fully protected speech online,” Paul Taske, co-director of the NetChoice Litigation Center, said in a statement. “Parents — not the government — should determine what is right for their families.”

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