The New York Legislature recently passed a bill that would ban social media platforms from using “addictive” recommendation algorithms for child users. This legislation, known as the Stop Addictive Feeds Exploitation (SAFE) for Kids act, is expected to be signed into law by Gov. Kathy Hochul. The bill aims to change how children use social media by prohibiting platforms like TikTok and Instagram from serving content to users under 18 based on recommendation algorithms. Instead, social media companies will have to provide reverse-chronological feeds for child users, as algorithmic feeds are considered to negatively affect children’s mental health.
The bill defines an “addictive feed” as one that recommends, selects, or prioritizes media based on user or device information. It would require the state attorney general to disseminate enforcement rules, and companies found in violation would have 30 days to correct the issue or face penalties of up to $5,000 per user under 18. Despite initial provisions to ban notifications between midnight and 6 a.m. being removed, the bill has garnered support from a coalition of parents who have faced tragedies related to harmful social media content affecting their children.
However, the bill may face challenges if signed into law, as trade group NetChoice, representing major tech and social media companies like Google and Meta, has previously challenged state laws claiming violations of the First Amendment. Critics argue that laws regulating content and platform usage, such as the New York bill, could infringe on the rights of companies and users. Some are advocating for stronger privacy and antitrust legislation instead of restrictions on social media use for children, as these laws could lead to invasive age verification methods that threaten online anonymity and civil liberties.
The bipartisan support for the New York bill, and similar legislation in other states, highlights the growing concern about the impact of tech platforms on children’s mental health. Proponents argue that social media’s addictive algorithms are exploiting children’s emotions for profit and contributing to a national emergency in youth mental health. While there is broad agreement that tech platforms have harmful effects on children, there is disagreement on the best approach to address these issues. Civil liberties advocates warn that laws restricting social media use could lead to government control over online content and potentially violate the First Amendment.
As efforts to regulate social media use for children continue, there is a call for a balance between protecting children from harmful content while also safeguarding privacy and civil liberties online. The debate around the New York bill and similar legislation reflects the complexity and challenges of addressing the impact of social media on children’s well-being. The outcome of these legislative efforts will shape the future of social media use for children and the regulation of tech platforms to ensure the safety and well-being of young users.
