New York governor endorses legislation controlling social media algorithm operations, marking a precedent in the United States.
New York makes history by becoming the first state to enact legislation regulating social media algorithms, amid accusations that platforms like Instagram and TikTok use addictive features to ensnare users, particularly teens.
Governor Hochul signed the bills into law following a call from U.S. Surgeon General Vivek Murthy for warning labels on social media platforms, sparking a contentious discussion about the potential impact of social media on the mental health of users, especially teenagers.
The SAFE For Kids Act requires social media platforms to display content in chronological order by default for users under 18, while the New York Child Data Protection Act restricts websites from collecting or sharing personal data of users under 18 without consent, expanding on existing federal privacy protections for children under 13.
The SAFE For Kids Act also limits late-night app notifications, which state lawmakers assert are designed to boost user engagement and may hinder sleep. Both laws were proposed last fall and passed the state legislature in early June.
New York officials lauded the legislation as a vital safeguard against social media's influence on teenagers.
"Today, we protect our children," Hochul declared at a press conference. "We have listened to their pleas for help, reminding us as adults that we carry a moral obligation to shield young New Yorkers from harm and from addictive influences."
Some scholars claim that while research highlights links between specific social media activities and poor mental health outcomes – including social comparison – a direct correlation between those harms and general social media use is less definite. Nevertheless, many states and federal lawmakers are pushing for legislation to curb social media platforms, insisting that tech companies' products are responsible for eating disorders, insomnia, distraction, and in some cases, self-harm and suicide.
"We will save lives with this, my friends," Hochul said at the press conference.
New York Attorney General Letitia James added at the conference that the legislation would tackle "the most harmful elements of social media, the addictive algorithm feeds that prey on vulnerable minds."
Critics of the social media algorithm bill, including the tech industry, argue that the legislation may be unconstitutional because it infringes on children's First Amendment rights and raises questions about how social media can operate across state lines.
"It's a well-meaning endeavor, but it targets the wrong culprit," said Adam Kovacevich, CEO of the Chamber of Progress, a tech industry advocacy group. "Algorithmic curation improves teenagers' feeds, and banning algorithms will worsen social media for teens."
The legislation's signing sets the stage for another series of court battles over the constitutionality of state social media laws.
States such as Arkansas, Florida, Louisiana, and many others have enacted legislation curbing social media companies' approach to teens. Industry groups have challenged some of that legislation, and courts have generally viewed the laws with skepticism. In Ohio this year, for example, a federal judge temporarily blocked a law prohibiting online platforms from creating accounts for users under 16 unless they obtain parental consent, stating that the legislation likely violates the First Amendment.
Two states, Texas and Florida, have passed laws restricting online platforms from moderating their sites; legal challenges have reached the Supreme Court this term, and a decision is expected soon.
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The SAFE For Kids Act also targets late-night app notifications from social media platforms, which are seen as addictive features designed to boost user engagement. This regulation is part of New York's wider effort to safeguard children from harmful influences of social media.
Amidst the New York's legislative actions, the tech industry has voiced concerns about the potential infringement on children's First Amendment rights and the practicality of operating across state lines with such regulations.
