The Kids Online Safety Act (KOSA) is back, and the fight to protect LGBTQ youth is far from over. The latest version of KOSA, with its overly broad definition of “harm,” could push companies to further censor content, cutting off queer youth’s access to critical, life changing resources, rather than risk the wrath of KOSA’s enforcer, the FTC.
The bill is supported by far-right groups and anti-LGBTQ lawmakers (including the bill’s cosponsor), and existing research shows that LGBTQ content is already disproportionally flagged and removed as “harmful.” But these are only some of the reasons why KOSA would be detrimental to the community.
KOSA imposes a “duty of care” on platforms, requiring them to prevent and mitigate harms to minors, including “emotional disturbance.” But what causes emotional disturbance?
This depends on whom you ask. Ultimately, it’s up to each platform to decide which specific topics, images, or phrases may be harmful to youth, and with fear of penalties from the FTC, platforms will certainly pursue the easiest and most cost-effective route of compliance – doubling down on content moderation and “shadowbanning” practices.