Striking the Balance Between Protection, Free Speech, and Emerging AI Risks
Picture this: a teen scrolling late at night. The feed never ends, autoplay keeps serving videos, algorithms push more — and now, even AI chatbots offer “companionship” that can veer into manipulative or sexualized exchanges. Parents want their kids safe, young people want freedom, and lawmakers are stepping in with new rules.
One of the biggest proposals is the Kids Online Safety Act (KOSA). But to understand how far it goes — and where it doesn’t — we need to look at both Section 230 (the law that shaped the internet) and the rise of AI chatbots.
🛡️ What is KOSA?
KOSA is a bipartisan federal bill designed to protect minors online. It would require platforms like social media, video, and messaging apps to:
- Default accounts to maximum privacy for minors.
- Turn off “addictive” features (autoplay, infinite scroll) for kids.
- Let minors opt out of algorithmic recommendations.
- Provide parental controls and reporting tools.
- Undergo independent audits and risk assessments.
- Take on a new “duty of care” to mitigate harms such as cyberbullying, exploitation (including trafficking and grooming), promotion of eating disorders and self-harm, and exposure to violent or abusive content.
⚖️ What is Section 230?
Section 230 of the 1996 Communications Decency Act is often called “the 26 words that created the internet.” In short, it says:
- Platforms aren’t legally responsible for what users post.
- Platforms can moderate content in “good faith” without losing that protection.
This shield kept social media companies from being sued into oblivion — but it also means victims often have little recourse when harmful content spreads.
🔀 Where KOSA and Section 230 Overlap
KOSA doesn’t repeal Section 230. Instead, it goes further: while Section 230 is about shielding platforms from liability for what users post, KOSA makes them accountable for the design choices — like autoplay, endless scroll, and recommendation systems — that can expose kids to harm.
This overlap raises questions:
- Will platforms over-censor to avoid liability, possibly silencing marginalized voices?
- Or will they redesign in healthier, more responsible ways?
- Could KOSA chip away at Section 230 protections indirectly?
🤖 What About Chatbots?
Here’s where things get urgent. KOSA talks a lot about social media and algorithms — but it does not explicitly cover AI chatbots.
That’s a problem, because friendly AI character-styled bots are already luring minors into conversations that become manipulative, sexual, or emotionally compromising.
KOSA’s duty of care could apply in theory, but without clear language, chatbots may slip through.
Proposed fix: Amend KOSA to:
- Explicitly include AI chatbots as “covered platforms.”
- Require age verification and default blocking of sexual or exploitative content for minors.
- Mandate clear disclosure: minors must know they’re talking to AI, not a person.
- Give the FTC authority to restrict or shut down services that persistently expose minors to harm.
Without this, children are left vulnerable to one of the fastest-moving online threats.
📅 Recent Senate Hearing: Hawley Confronts Chatbot Harms
On September 19, 2025, Senator Josh Hawley chaired a Senate hearing on how AI chatbots can harm children — exactly the kind of gap we’ve highlighted. Parents and experts testified about cases where so-called “friendly AI character bots” drew minors into manipulative, self-harm, or sexualized conversations.
Hawley pressed developers on whether their safeguards are sufficient and whether families should have legal recourse when things go wrong. The hearing underscored that AI chatbots are not just a side issue — they are central to the online safety debate.
Here’s the video from that hearing:
📊 Your Turn: Opinion Poll
🙌 Closing Call
There will be no retreat from these technologies. All the more reason why at American Family Center, we believe this conversation belongs to families and communities as much as it does to lawmakers and tech companies. Your input helps us advocate for protections that make sense in the real world — without sacrificing freedom of expression.
Please share this post with parents, teachers, and youth. Together, let’s make sure our voices shape the internet our kids will inherit.
The American Family Center is an independent 501(c)(3) nonprofit organization, free from government alignment or funding. Our work is made possible through the generosity of individuals, businesses, and foundations who share our commitment to stronger, safer communities.
Leave a Reply