New York has passed groundbreaking legislation to protect minors from the potential harms of algorithmically curated social media feeds. The Stop Addictive Feeds Exploitation (SAFE) for Kids Act prohibits platforms from delivering algorithm-based content to users under 18 without parental consent, aiming to address concerns about the impact of “addictive feeds” on children’s mental health.
SAFE for Kids Act
The SAFE for Kids Act requires social media platforms to provide reverse-chronological feeds for minors and restricts them from sending notifications about suggested posts to users under 18 between midnight and 6 a.m. without parental consent. Companies found in violation could face penalties of up to $5,000 per underage user. The legislation is part of a broader trend of state-level efforts to regulate social media use among children, with similar measures being considered or implemented in states like California and Utah.
Attorney General’s Role
The New York Attorney General will be responsible for developing rules to determine user age and establish a mechanism for parental consent within 180 days of the bill’s enactment. The Attorney General will also have the authority to enforce the rules and pursue legal action against companies deemed to have violated the restrictions, seeking civil penalties of up to $5,000 per violation. This role is crucial in ensuring that social media companies comply with the new regulations and that the age verification process is “commercially reasonable and technically feasible,” taking into account the platforms’ size, financial resources, and technical capabilities.
Broader Legislative Trend
The New York bill is part of a broader legislative trend aimed at regulating social media’s impact on children. Similar measures have gained traction in both state and federal arenas, with a California bill mirroring New York’s legislation passing the state Senate in May and the federal Kids Online Safety Act potentially holding social media companies liable for recommending harmful content to minors. This trend reflects a growing consensus among lawmakers that tech platforms can have detrimental effects on children, although there isn’t a clear agreement on how to address the issue. The bipartisan support for the New York bill, which was introduced by Democrat Andrew Gournardes and had over two dozen state senators from both parties backing it, highlights the widespread concern about the impact of social media on youth mental health.
Support and Criticism
The New York bill has garnered both support and criticism. Proponents, including a coalition of parents who have protested against Meta, argue that the legislation is a necessary step to address the youth mental health crisis exacerbated by social media’s addictive design. However, critics, such as tech industry trade groups like NetChoice, claim that the bill infringes on free speech and raises privacy concerns regarding age verification processes. Civil liberties advocates suggest that strong privacy and antitrust legislation could be considered as an alternative to content regulation, which they argue violates the First Amendment and threatens anonymity online.
