Tech companies could be on the hook for millions in penalties if Virginia teens scroll on social media apps for more than an hour a day.
The state’s new rule, which went into effect on Jan. 1, limits kids under 16 to one hour per app (though parents can override the default setting). It originated two years ago, according to prime legislative sponsor state Sen. Schuyler VanValkenburg, when he got tired of watching high schoolers in the civics class he teaches — and his own teenage children — scroll on TikTok all day, every day.
“The algorithm just keeps sending you things, things that you didn’t ask for, but that are just queued up and it goes endlessly,” VanValkenburg said. “The bill came out of an idea of, how do we break that link?”
“This is just a first step of trying to figure out what the best situation is for how kids interact with social media.”
VA Sen. Schuyler VanValkenburg
The rule was implemented as a modification to Virginia’s existing consumer privacy law, and it will use the same outlined enforcement. That’s ultimately up to state Attorney General Jay Jones, who assumed his role in mid-January.
Per the code, app makers could be on the hook for $7,500 per violation, which would be any time any person under the age of 16 spends more than an hour on their platform, per VanValkenburg. However, with pending legal challenges and the transition to Gov. Spanberger’s administration, it’s somewhat unclear how the measure will be enforced.
Several US states, and countries across the globe, have begun restricting kids’ cell phone and internet use in various ways. In December, Australia banned social media apps for teens entirely. Last summer, Virginia implemented a statewide “bell-to-bell” phone ban in all public schools. In some other states, including Georgia and Ohio, laws instituting similar social media restrictions have been blocked by courts for infringing on First Amendment rights.
The new law institutes a default setting on kids’ phones, which VanValkenburg believes will force parents to engage with the issue, and help them feel more empowered. He’s also looking forward to less cell phone use and more conversations in classrooms, including his own.
“This is just a first step of trying to figure out what the best situation is for how kids, in particular, interact with social media,” VanValkenburg told Technical.ly, “and I hope it leads to more fruitful conversations.”
FAQ: Virginia’s under-16 social media law
What are the outlines of the law?
The law limits kids under 16 years old to one hour per day on any given social media app. The time limit is the default setting, but parents can increase or decrease it. The law applies to most major social media platforms that allow users to create profiles, connect with others and post content.
When did it go into effect?
Jan. 1, 2026.
Who enforces the law?
Enforcement is handled by the Virginia Attorney General’s office, currently led by Jay Jones, who took office in mid-January. The law uses the same enforcement structure as Virginia’s existing consumer privacy law, rather than creating a new system. It’s unclear what enforcement might look like in practice.
What counts as a “social media platform” under the law?
The law defines a social media platform as an online service that:
• Lets users create a public or semi-public profile
• Allows users to connect with other users
• Enables users to post or view content generated by other users in feeds, chats or message boards
What penalties do companies face for violating the law?
Per the state code, companies could face civil penalties of up to $7,500 per violation. Because penalties can stack up quickly, large platforms could theoretically face millions in fines.
How are social media companies supposed to know a user’s age?
The law requires platforms to use “commercially reasonable methods” to determine whether a user is a under the age of 16. That could include uploading an ID or potentially newer tools, like AI-based assessments.
Can the tech companies use the age verification data for other means?
No. It can only be used to figure out a user’s age — not for advertising or other purposes.
Do parents get access to their child’s social media accounts?
No. Parents can override the one-hour time limit, but the law does not give parents access to their child’s messages, posts or account data.
Can teens get around the restrictions?
Possibly. Experts say kids could lie about their age, use VPNs or access platforms on shared or unmanaged devices. Even the bill’s sponsor acknowledges the law won’t be foolproof.
Are there legal challenges to Virginia’s law?
Yes. NetChoice, a US trade association that often files lawsuits related to internet and expression restrictions, has sued on grounds that the law violates First Amendment rights guaranteed by the Constitution.
Do laws like this exist elsewhere?
Yes, though several have already been blocked by the courts or are involved in active lawsuits. Florida, Texas, Nebraska and Tennessee require parental consent for kids to set up social media accounts, for example, with some also mandating supervisory tools for parents. Other states prohibit “addictive” features (like infinite scroll) for minors. Legislation around this issue has been introduced or is pending in several other states.
Kids can, and will, find workarounds
The law instructs social media companies to use “commercially reasonable methods, such as a neutral age screen mechanism” to figure out the age of each user.
That could mean scanning IDs, VanValkenburg said, or companies could use more innovative technologies. For example, building an AI-driven algorithm that analyzes a given user’s posts to determine if they’re lying about their birth date.
The vagueness in the law is intentional, per VanValkenburg, so companies aren’t restricted to certain forms of verification. “As you see states continue to pass these laws, it’s going to force social media companies to get more real on these things, because they have the technology to do it,” he said.
Anupam Chander, a Georgetown law professor specializing in regulation of new technologies, however, said the law’s lack of guidance could make matters difficult.
Depending on the method used, kids could easily lie, or use a VPN (a tool that creates an encrypted connection between a device and the internet, hiding an IP address). Also, he pointed out, many 16-year-olds also don’t have a form of identification. He believes it’s likely kids will find a way around restrictions, which puts tech companies in a tough spot.
“If I were a social media platform,” Chander told Technical.ly, “I would be quite nervous about how much I need to do to make sure that kids don’t exceed one hour a day.”
Some social media platforms have started to try to enforce the rule, through both hard stops and softer tactics like encouraging kids to log off.
VanValkenburg agrees some people will find ways around the law, but doesn’t see that as a reason it should be abandoned. “My basic response to that is, ‘Why are we letting perfect be the enemy to good?’” VanValkenburg said. “People always try to get around laws, but when the default is that most people will follow it.”
Claiming the law violates constitutional rights
NetChoice, a US trade association that often files lawsuits related to internet and expression restrictions, is challenging Virginia’s new law, claiming it’s a violation of constitutional rights.
VanValkenburg bucks this. When he first put forth a bill to address this issue, it suggested a full ban of social media for anyone under 16. Working with fellow lawmakers, he evolved the idea to be less restrictive and more realistic.
“I love the First Amendment more than almost anybody,” said VanValkenburg, who has sponsored bills aiming to strengthen journalists’ protection from defamation lawsuits and expand requirements for political advertising disclaimers. “I think that this law is a very restrained, responsible law that threads the needle of protecting First Amendment rights while also responding to a compelling state interest.”
Former state Attorney General Miyares, the original defendant in the NetChoice lawsuit before Jones took office, has shown his support for the law. He put forth an opposition brief stating that the law does not violate constitutional rights and achieves a “careful balance” of accessing these apps and minimizing mental health harm.
Over the summer, Mississippi enacted an age verification law that drew a similar challenge from NetChoice. It was unsuccessful, as the Supreme Court sided with a lower court decision upholding the law, and that state now requires all users to verify ages before using platforms. The stated intent is to prevent minors from accessing “harmful materials.”
VanValkenburg is hopeful Virginia’s new attorney general will have the same attitude as Miyares. Virginia parents have also shown support for it, he said: “I think people recognize that this is a real problem.”
Companies can’t reuse data, but privacy concerns remain
Companies are barred from using data gleaned from the age verification for other uses, such as advertising. This is intentional, because age verification can be an invasion of privacy. It also takes advantage of enforcement mechanisms that already exist, said Chander, the Georgetown law professor.
But he’s concerned about security vulnerabilities, like a cyber attack, that could compromise the collected data anyway, especially as breaches have increased in recent years.
That’s not all people over 16 could be concerned about, he said. Generally, the Constitution protects anonymous speech online. Any age screening, like forcing someone to upload an ID, could be seen as a First Amendment violation.
“If you are an adult,” Chander said, “and suddenly now in Virginia you’re asked to prove your identity to use Pinterest, there may be some irritation along those lines.”
