Colorado Politics

Protect LGBTQ+ rights, reproductive health care while protecting kids online | PODIUM

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Miah Ntepp

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Miah Ntepp



There is no question we as a society have a duty to protect children online. I commend Congress for understanding the importance of this responsibility and their efforts to act. However, provisions within the good-intentioned but wildly ill-written Kids Online Safety Act (KOSA) could be used to violate the civil rights of vulnerable populations, like the LGBTQ+ community and those seeking reproductive health care. With those potential consequences in mind, we cannot let KOSA continue without substantive changes.

Thankfully, House lawmakers on both sides of the aisle have voiced significant concerns about its potential effect on civil liberties. Their concerns are rooted in the fact the legislation forces social media companies to have a “duty of care” to regulate content. And the bill’s lack of definitional clarity around what could be considered “harmful to minors” on online platforms leaves the door open for partisan abuse. Such a broad and undefined delegation of power justifiably drew the ire of lawmakers, like U.S. Reps. Frank Pallone (D-New Jersey) and Jay Obernolte (R-California), as it passed through the Energy and Commerce Committee. Both voiced it could lead to over-moderation by social platforms as they attempt to avoid legal battles with the Federal Trade Commission and state attorneys general.

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Unfortunately, the over-moderation KOSA promotes would leave vulnerable communities in the crosshairs. Considering actions taken by right-wing attorneys general, who will gain new powers under KOSA to levy lawsuits in tandem with restrictive state laws, we are likely to see content created by the LGBTQ+ community and resources for people seeking reproductive health care affected.

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As a lifelong champion and defender of marginalized groups, I understand the consequences this could have for these communities. That’s why I traveled to Washington, D.C. last month to meet with our lawmakers and call out the risks associated with this legislation. I’m not alone. Thousands of young people are voicing their concerns about being forced to face restricted access to content. In their words, social platforms are a haven, especially for LGBTQ+ youth who are often bullied and harassed in school. To them, online spaces are a place to access resources and information as well as to find support and community, which could prove lifesaving for those who might not have it otherwise.

The same concerns are voiced by those seeking reproductive health care, especially in the wake of Roe v. Wade’s reversal. The criminalization of abortion across 21 states has left women in a dangerous position, often leading them to explore resources online, especially to navigate the need to travel out of state to receive care. However, if KOSA is passed, we could see states that restrict these freedoms weaponize it to limit their access to these online resources, censoring information that could mean the difference between life and death.

I have spent my career working to create a society rooted in liberation where all persons can exercise their civil and human rights without discrimination. To continue that work, I must advocate against KOSA in its current form. I am deeply concerned the passage of KOSA would limit access to online resources marginalized communities rely on. Congress must take a hard look at this bill, and go back to the drawing board.

Miah Ntepp is a civil rights activist and policy director for the NAACP Denver branch. 

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