Freedom House
In the United States, a patchwork of state-level laws illustrates
the tension between age-assurance laws and protections for
freedom of expression. Nineteen of 50 states had passed
a social media age-gating law as of June 2026, though
implementation of most of them was paused in response
to lawsuits. In most cases, district courts found that socialmedia-focused age-assurance laws would likely violate the
First Amendment on the basis that they require differential
treatment for different forms of online content (that is, the
laws create a burden for websites featuring certain kinds
of content, like social networking, and exempt others, like
professional networking).
In contrast, the Supreme Court ruled in the June 2025 Free
Speech Coalition v. Paxton case that a Texas law mandating
age verification for websites hosting “speech that is
obscene to minors” did not violate the First Amendment.
The court’s ruling in Paxton affirms the many state-level
age-gating requirements for adult content. In March 2026,
Utah passed a law that required adult website hosts to
analyze traffic to determine whether Utah-based visitors
had employed VPNs to evade the state’s law mandating
age assurance for adult content. The technology used
by commercial VPNs is deployed widely for privacy and
security, and the Utah law poses serious risk that website
hosts would be forced to treat encrypted internet
traffic as suspect.
Age-assurance laws also open a new potential vector for
abuse, with identification requirements enabling bad actors
and repressive governments to create a footprint of people’s
online activities. Turkey’s parliament passed a bill in April
2026 that would restrict children under 15 from social media
platforms, though it was not fully approved by the end of
the coverage period. The bill would enforce age-gating for
social media platforms solely through the e-Devlet portal,
a government-run digital identity system, effectively tying
all social media accounts to individuals’ real names. People
in Turkey are routinely arrested and imprisoned over their
online expression, particularly for criticism of President Recep
Tayyip Erdoğan, and the proposed e-Devlet age-assurance
framework poses significant risks for Turkish citizens who
turn to the internet to discuss problems in their country.
The Chinese Communist Party (CCP) has adopted the language
of child protection in its long-standing efforts to erode
anonymity on the Chinese internet. Chinese authorities have
mandated real-name registration for internet services since at
least 2012 as part of the CCP’s repressive censorship regime. In
June 2025, Chinese officials promulgated a draft regulation that
sets out a laundry list of “harmful” information that internet
services should be required to suppress for minors, largely
aligned with the maintenance of CCP narratives about its own
governance and China’s place in the world.
The speedy adoption of age-assurance social media bans
represents the most significant live experiment in internet
regulation in years, and the consequences for internet
freedom demand due consideration. The current state of
age-inference and age-verification technology, for example,
cannot mitigate the privacy and security risks introduced by
their large-scale use; further technical research is needed
to advance age-assurance methods that are truly privacypreserving. Meanwhile, children have evaded age-assurance
mechanisms at considerable scale, remaining connected to
social media platforms that are still rife with problems of the
digital age. A rights-respecting pursuit of child safety requires
action by policymakers and the private sector to resolve the
long-standing problems of the social internet.
Age-assurance laws open a new
potential vector for abuse, with
identification requirements enabling
bad actors and repressive governments
to create a footprint of people’s online
activities.
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