New York Plans Legislation to Safeguard Mental Health of Young Social Media Users
New York state leaders, including Governor Kathy Hochul and Attorney General Letitia James, have proposed legislation aimed at protecting the mental health and privacy of younger users on social media platforms. The proposed bills would restrict the collection and sharing of personal information of children by online platforms like Instagram and YouTube. They would also empower parents to prevent their children from being exposed to addictive content from unknown accounts.
The legislation seeks to address the adverse effects of social media features that encourage endless scrolling, which can contribute to increased anxiety and depression among young people. Attorney General Letitia James asserts that social media companies that employ addictive features to prolong the time minors spend on their platforms shoulder a significant portion of the blame for the current mental health struggles faced by young New Yorkers. The proposed legislation aims to mitigate these risks and protect the privacy of children.
The regulations proposed by Gov. Kathy Hochul and Attorney General Letitia James draw inspiration from existing rules in Europe, where non-compliance can result in fines equivalent to a percentage of a company’s revenue. If adopted in New York, these fines could potentially reach billions of dollars for major tech companies.
Under one of the bills, named the Stop Addictive Feeds Exploitation (SAFE) for Kids Act, parents would have the option to exclude their children from algorithm-curated feeds. Instead, children would receive a chronological feed of content exclusively from accounts they already follow. Algorithms are the automated systems used by social media platforms to keep users engaged by suggesting content based on their past interactions.
Middle school teacher Kathleen Spence supports the legislation, citing instances of her students arriving at school exhausted after spending nights immersed in social media feeds. However, it was her own daughter’s experience with an eating disorder and near-suicide that prompted her to advocate for such measures. Spence attributes her daughter’s past mental health struggles to the countless inappropriate posts and images that inundated her social media feed after creating her first account at the age of 11.
The proposed legislation would also grant users the ability to block access to social media platforms between midnight and 6 a.m., as well as impose time limits on children’s site usage.
The second bill, known as the New York Child Data Protection Act, would prohibit all online platforms from collecting, using, sharing, or selling personal data of individuals under the age of 18 unless informed consent is obtained or such collection is deemed necessary.
Meta, the California-based parent company of Facebook and Instagram, claims to have already implemented parental supervision tools and other measures to ensure teenagers have age-appropriate experiences online. Meta’s head of global safety, Antigone Davis, acknowledges their reliance on research, feedback, and collaboration with parents, teens, experts, and academics to shape their approach. Davis asserts that Meta remains committed to evaluating proposed legislation and working with policymakers to develop effective solutions.
Requests for comment from TikTok and YouTube went unanswered.
Companies found in violation of either proposed law could face fines of $5,000 per violation.
The regulations proposed in New York align with digital rules already in effect across the European Union. These regulations require platforms to offer users an alternative to automated recommendation systems and prohibit the use of children’s data and online activity for personalized ads.
Other U.S. states have also taken measures to address social media use among children. In March, Utah became the first state to pass laws mandating parental consent for minors to use social media. The laws also include age verification requirements for companies, impose a digital curfew for individuals under 18, and ban advertising targeted towards minors. However, experts have raised concerns about the enforceability of these rules, which are set to take effect next year.
Similarly, Arkansas had planned to introduce a law that would have required parental consent for children to create social media accounts, but it was temporarily halted by a federal judge in August.
Attorney General Letitia James believes that the focused approach of the New York legislation on addressing addictive features preventing kids from going online will withstand legal challenges. She clarified that minors will still retain access to essential social media functions, including connecting with friends, searching for topics of interest, and joining groups. The proposed legislation solely aims to shield them from addictive feeds unless their parents provide consent.
In addition to introducing new laws, some states have resorted to legal action against social media companies concerning their algorithms and data collection practices. For example, Utah recently filed a lawsuit against TikTok, alleging that the app’s addictive algorithm is harmful to minors. Arkansas is also suing TikTok and Meta (owner of Facebook and Instagram) for similar reasons. Indiana previously sued TikTok, claiming that the app misleads users regarding inappropriate content and data security. However, the outcome of these legal actions remains uncertain.
The U.S. Supreme Court is preparing to consider whether state attempts to regulate social media platforms violate constitutional rights. Two laws from Florida and Texas which aim to prevent platforms from censoring users based on their viewpoints will be reviewed by the justices.
The proposed legislation in New York adds to the growing efforts to protect young social media users. By combatting addictive features and safeguarding personal data, policymakers seek to promote the well-being and privacy of children in an increasingly digital world.
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