Amid growing concerns about the addictive nature of social media and its effect on children’s mental health, two new legislations have been introduced in New York to limit children’s exposure to addictive social media content and strengthen their online privacy.
If passed, the laws would prevent social media platforms from using algorithms to curate content for underage users based on their interests and “trending” topics. The new laws could affect many popular social media platforms, including TikTok, Instagram, Facebook, X (Twitter), and YouTube.
“Recent research has shown devastating mental health effects associated with children and young adults’ social media use, including increased rates of depression, anxiety, suicidal ideation, and self-harm,” a press release from the office of New York Attorney General Letitia James said. “The advent of dangerous, viral ‘challenges’ being promoted through social media has further endangered children and young adults.”
The two proposed bulls — Stop Addictive Feeds Exploitation (SAFE) for Kids Act and The New York Child Data Protection Act — are sponsored by Attorney General James and New York Governor Kathy Hochul.
“Social media platforms are fueling a national youth mental health crisis that is harming children’s wellbeing and safety,” Attorney General James warned.
How the Proposed Bills Protect Children
The SAFE for Kids Act requires social media platforms to only show underage users a chronological feed of content from users they already follow. Minors can only opt to receive algorithm-generated feeds with the approval of their parent or guardian.
The law requires social media companies to allow parents to block children from accessing their platforms between midnight and 6 a.m. It also bans social media platforms from sending notifications to underage users within that timeframe.
Meanwhile, the New York Child Data Protection Act prohibits online platforms from collecting, sharing, or selling the data of underage users unless informed consent is granted. “For users under 13, this informed consent must come from a parent,” the press release notes.
These bills empower the Attorney General to levy a penalty of up to $5,000 on social media companies that don’t comply with the rules. Parents of children can also sue for up to $5,000 in damages.
In March, Utah passed a somewhat similar law, slated to come into effect next year, mandating that users under 18 obtain consent from a parent or guardian to create a social media account. California is also taking steps to curb the addictive nature of social media platforms. Under a proposed bill, tech companies will be held responsible for features that could be addictive or harmful to the young population.
How Social Media Algorithms Affect Mental Health
Social media algorithms are designed to keep users engaged by suggesting new content based on data about user’s interests and the relevance or popularity of particular posts. The problem is they’ve become too good at this.
Addictive social media feeds, which encourage endless scrolling, have become a focal point due to their potential adverse effects on children’s mental health.
“Our kids are in crisis, and the adults in the room need to step up,” Governor Hochul said. “The statistics are extraordinarily disturbing: teen suicide rates are spiking, and diagnoses of anxiety and depression are surging. It’s critical we all stand together to address the youth mental health crisis…”
Last year, the Head of the U.S. Federal Trade Commission (FTC), Lina M. Khan, highlighted a growing national emphasis on children’s online privacy. Under Khan, the FTC has ramped up efforts to protect children online, particularly against the potential missteps of Big Tech.
Interested in learning how to keep your child safe on social media? You’ll find useful tips and insightful information in our guide to social media safety for kids.
Watch Governor Hochul speak about protecting children online at a press conference unveiling the proposed bills.
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