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UP FOR GRABS – Should NY law protect NY kids from addictive social media? Stay tuned: yet another SCOTUS case looms

March 5, 2024
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NYS has entered the fray with a pair of bills in the Legislature that would prevent social media platforms from providing kids under 18 with addictive feeds without parental consent’

By Diana Dombrowski | The Journal News

Educators, parents and researchers agree social media is highly addicting, and if algorithm-based posts are not driving the mental health crisis plaguing kids, they’re at least riding shotgun.

But the road to a solution is uncertain. A national push for social media platforms to do more to protect kids is playing out alongside an anticipated decision from the U.S. Supreme Court on state laws seeking to prevent social media companies from moderating content posted on their sites.

New York has entered the fray with a pair of bills in the state Legislature that would prevent social media platforms from providing minors under 18 with addictive feeds without parental consent.

The addicting nature of social media has been made possible by sophisticated algorithms that learn users’ habits and provide them with content that keeps them on platforms longer.

The bills would require social media platforms to get parent consent to allow kids to get their notifications between midnight and 6 a.m. And they would require the platforms to create options to opt out of access during those hours and limit how much time kids could spend on platforms overall.

“When it comes to things like this we need to protect our young people,” said state Sen. Peter Harckham, D-Lewisboro, who is a co-sponsor of the Stop Addictive Feeds Exploitation for Kids Act, or SAFE Act.

Should states intervene to protect kids from social media?

New York’s bills aren’t about controlling what content young people can access, but rather about addressing the algorithms that present kids with the most addicting content, Harckham said.

Both Harckham and state Assemblymember MaryJane Shimsky, D-Dobbs Ferry, a co-sponsor of the bill on the Assembly side, said federal legislation would ideally address the problem. “But the question is can our children in New York wait that long?” Shimsky said.

Shimsky drew parallels to cigarette companies knowingly selling an addictive product.

State Assemblymember Steven Otis, a Democrat who represents the Sound Shore and chairs the Assembly’s Science and Technology Committee, said the committee was reviewing the bill and feedback from technology experts.

The bills could either be included in the upcoming state budget or continue to be pursued as standalone legislation, he said. ##