New York Enacts Landmark Legislation to Protect Children from Social Media Harms

 New York Governor Kathy Hochul signed two bills into law on Thursday aimed at mitigating the negative impacts of social media on children, addressing what critics call a growing youth mental health crisis.

The first bill allows parents to prevent their children from seeing posts suggested by social media algorithms, aiming to curb the addictive nature of these feeds. The second bill imposes stricter regulations on the collection, use, sharing, and selling of personal data of minors under 18.

“We can protect our kids. We can tell the companies that you are not allowed to do this, you don’t have a right to do this, that parents should have a say over their children’s lives and their health, not you,” Hochul stated at the bill-signing ceremony in Manhattan.

The Stop Addictive Feeds Exploitation (SAFE) for Kids Act, one of the new laws, restricts apps like TikTok and Instagram for users under 18 to content from accounts they follow, rather than algorithmically recommended posts. Additionally, it prevents platforms from sending notifications about suggested posts to minors between midnight and 6 a.m.

These restrictions can be lifted if verifiable parental consent is obtained, according to the bill.

The laws mark the beginning of a potentially lengthy rule-making process, as they are not immediately effective, and social media companies are expected to challenge the legislation. New York State Attorney General Letitia James is responsible for developing rules to verify user age and parental consent. Once these rules are finalized, social media companies will have 180 days to comply.

“Addictive feeds are getting our kids hooked on social media and hurting their mental health, and families are counting on us to help address this crisis,” James said at the ceremony. “The legislation signed by Governor Hochul today will make New York the national leader in addressing the youth mental health crisis and an example for other states to follow.”

Social media companies and free speech advocates have criticized the legislation. NetChoice, a tech industry trade group that includes Twitter/X and Meta, condemned the laws as unconstitutional.

“This is an assault on free speech and the open internet by the state of New York,” said Carl Szabo, vice-president and general counsel of NetChoice. “New York has created a way for the government to track what sites people visit and their online activity by forcing websites to censor all content unless visitors provide an ID to verify their age.”