NY & Other States Challenge Social Media Giants’ Influence on Teenagers

NY & Other States Challenge Social Media Giants’ Influence on Teenagers

Edited by: TJVNews.com

As concerns over the impact of social media on teenagers continue to mount, states across the U.S. are stepping up efforts to address the issue, with New York at the forefront of a new regulatory push. In a recently published report, the Wall Street Journal indicated that in a bid to curb the influence of big tech companies and protect minors from potential harm, officials in New York are proposing stringent measures to restrict the algorithms that power social media feeds, marking the latest state-level intervention in the absence of federal action.

New York Attorney General Letitia James, alongside Governor Kathy Hochul, is spearheading a proposal aimed at limiting the exposure of minors to algorithm-driven content on platforms such as Instagram and TikTok. As was reported by the WSJ, the proposed legislation would require parental consent for social media companies to serve algorithm-driven content to minors, along with restrictions on notifications and data usage targeting teen users. According to James, the initiative seeks to safeguard the well-being of New York’s youth and set a precedent for other states to follow.

Governor Hochul emphasized that excessive social media usage among teens has been linked to increased rates of mental illness, underscoring the urgent need for regulatory intervention, as was noted in the report in the WSJ. However, industry groups have raised concerns about the constitutionality of the proposal, advocating for a focus on media literacy initiatives instead.

The move by New York officials reflects a broader trend of state-level confrontation with tech giants over their role in shaping online experiences, particularly for young users. In October, attorneys general from 41 states sued Meta Platforms, the parent company of Instagram and Facebook, alleging that its products were intentionally designed with addictive features harmful to young users, according to the information in the WSJ report. Meta has denied these allegations but faces mounting pressure to address concerns about its platforms’ impact on minors.

Meanwhile, in Washington, senators from both parties have grilled tech CEOs over the effects of algorithms on minors and called for increased legal liability for platforms when children are harmed online, the WSJ reported. Despite bipartisan acknowledgment of the inadequacy of current federal laws in addressing these issues, there has been no consensus on a unified approach, leaving several bills pending a floor vote.

Among the proposed federal legislation is a bipartisan bill that includes a ban on algorithms targeting minors, the Kids Online Safety Act, which mandates platforms to offer young users the option to disable algorithms and imposes a duty to prevent and mitigate harms to minors, as was noted in the WSJ report.  Additionally, a bill by Senators Ed Markey and Bill Cassidy aims to strengthen privacy protections for users under 18.

As state and federal lawmakers grapple with the complex challenges posed by social media’s influence on teenagers, the debate underscores the growing recognition of the need for robust regulatory frameworks to safeguard the well-being and digital rights of young users in the digital age.

As federal bills addressing social media regulation languish in Congress, several states have taken matters into their own hands, passing laws aimed at curbing the influence of tech giants on young users, the WSJ report pointed out. However, tech companies have pushed back, citing First Amendment protections, leading to legal battles that could shape the future of social media regulation.

In states like Arkansas, Ohio, and Utah, laws have been enacted to prohibit minors from using social media platforms without parental consent. Yet, trade groups representing tech giants like TikTok and Meta have successfully challenged these laws, obtaining injunctions in Arkansas and Ohio. The WSJ report also mentioned that Utah’s Governor Spencer Cox has delayed the implementation of his state’s law to October to incorporate further feedback, highlighting the complexity and contentiousness of the issue.

Carl Szabo, Vice President and General Counsel of NetChoice told the WSJ that the laws infringe upon First Amendment rights and raise significant privacy and security concerns. Despite this, a dozen states have passed laws related to children’s social media use in the past year, with over 140 bills pending in at least 30 states, signaling widespread legislative interest in the issue.

Danny Weiss of Common Sense Media emphasized to the WSJ, the importance of state action in the absence of federal regulation, citing the lack of guardrails on social media platforms concerning children’s safety. New York’s proposed legislation, unlike others, focuses on regulating the delivery mechanism rather than content itself, potentially offering a legal pathway to implementation.

Andrew Gounardes, a state senator sponsoring New York’s measure, described the intent behind the legislation as a return to a simpler time on social media, allowing users more control over their feeds and reducing exposure to harmful content, as per the information in the WSJ report. The proposed algorithm provisions are part of a broader state spending plan set for action by March 31, with Democrats likely to support social media regulation, backed by Governor Kathy Hochul.

The urgency of regulating social media’s impact on youth is underscored by the experiences of teenagers like Kate Romalewski, who have faced the negative effects of exposure to harmful content on platforms like Snapchat and TikTok, the WSJ report added. Romalewski emphasized the need to address the harmful effects of excessive social media usage among teenagers. Her personal experience, including intermittent deletion of social media apps from her phone, underscores the urgency of implementing measures to mitigate the negative impact on youth.

G.S. Hans from Cornell Law School’s First Amendment clinic, a legal expert, raised constitutional concerns about the proposed legislation. Speaking to the WSJ, Hans suggested that even laws focusing on content arrangement and prioritization could face legal challenges regarding freedom of speech.

Tech giants such as Meta, the parent company of Instagram and Facebook, have also weighed in on the debate. The WSJ report noted that while Meta emphasized its use of algorithms to protect users from harmful content, it acknowledges the challenges posed by varying state regulations, advocating for federal legislation to establish consistent standards.

Similarly, TikTok, another major social media platform, highlighted its efforts to promote responsible usage among teenagers, such as setting screen-time limits and enabling parental controls.

Industry groups like Tech:NYC expressed reservations about the New York proposal, citing concerns about age verification requirements and the practicality of implementation. Speaking to the WSJ, Julie Samuels, president of Tech:NYC, emphasized the need to strike a balance between protecting minors and ensuring the feasibility of regulatory measures in the digital age.

As discussions continue, stakeholders grapple with finding solutions that address the complex issues surrounding social media regulation while upholding fundamental rights and practical considerations in an ever-evolving digital landscape. The outcome of these debates will shape the future of social media governance and its impact on the well-being of young users.