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By: Carlton Fredericks
State lawmakers and Governor Kathy Hochul are nearing agreement on a groundbreaking bill that aims to regulate social media feeds for minors, multiple sources confirmed on Monday to the New York Post.
The proposed legislation, championed by Hochul, seeks to restrict social media companies from using addictive algorithms on users under 18 and to prevent these companies from profiting off their data.
If enacted, this bill would be the first of its kind in the United States. “I think we are waiting for ‘Is and Ts,’ but I think hopefully we’ll have something out pretty soon,” said Sen. Andrew Gounardes (D-Brooklyn), the bill’s sponsor, in a statement to the NY Post.
Sources involved in the discussions indicated that the exact text of the legislation could be released as early as Monday evening, potentially setting the stage for a vote by the end of the week.
The tentative agreement would prohibit social media companies from using algorithms to dictate the content that minors see, ensuring that their social feeds display posts chronologically from accounts they follow. Critics argue that these algorithms are designed to keep children glued to their screens, contributing to a mental health crisis among the nation’s youth.
Additionally, the bill proposes a ban on apps sending alerts between midnight and 6 a.m., unless parents opt in. It would also prevent companies from selling the data of users under 18. Assembly Speaker Carl Heastie withheld comment on the tentative deal, noting that it still needs to be discussed with all Assembly members in a closed-door conference. “I have to talk to members,” Heastie said. “When it comes to the work on something, there’s dialogue between the executive and the Assembly, you have something to go back and see that the members are OK.”
Governor Hochul, a mother and grandmother, has been vocal about the legislation at various events leading up to the tentative agreement. “The companies are responsible for this,” Hochul said at a recent event with the Mental Health Association in New York. “This is driven by profit. They also know there are negative effects on children, they don’t have to listen to the surgeon general who warned about the effects of this a year ago.”
This legislative effort in New York comes amid a broader national conversation about regulating social media companies, with several states considering similar measures and preparing for potential free speech battles. A comparable bill passed the California state Senate last month and may pass its lower chamber later this year, NY Post noted.
Tech firms and social media companies have been lobbying against these efforts, raising concerns about age verification for minors and broader issues related to the bill. One trade group, NetChoice, which includes Facebook’s parent company Meta, argued that New York’s bill would infringe on First Amendment protections, even though it doesn’t prevent minors from choosing which accounts to follow. “It is less unconstitutional,” said Carl Szabo of NetChoice, to the Wall Street Journal. “Unfortunately, when it comes to constitutionality, close doesn’t count. You either are or you aren’t. This legislation continues to violate free speech protections granted to New York citizens.”
Sen. Gounardes acknowledged that last-minute negotiations are focused on ensuring the bill stands on firm legal ground to avoid being invalidated by the courts amid expected challenges from opponents. “I think this is huge,” Gounardes said.
