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In this photo illustration, a teenage girl uses her phone to access social media.New York became the first state to pass a law regulating social media algorithms amid a national outcry that apps like Instagram and TikTok are hooking users with addictive features.
CNN
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Big changes are coming for New York’s youngest social media users after Gov. Kathy Hawkle signed two bills on Thursday cracking down on digital platforms’ algorithms and use of children’s data.
The unprecedented move makes New York the first state to pass a law regulating social media algorithms, amid a nationwide outcry that apps like Instagram and TikTok are hooking users with addictive features.
Hochul’s petition comes days after U.S. Surgeon General Vivek Murthy called for social media platforms to impose warning labels, spurring discussion about the potential impact of social media on the mental health of users, particularly teenagers.
Under New York’s SAFE For Kids Act, social media platforms would be required to display content in chronological order by default to children under the age of 18, while the New York State Child Data Protection Act restricts websites from collecting or sharing personal data of users under the age of 18 without their consent, expanding existing federal privacy protections for children under the age of 13.
The SAFE For Kids Act would also require platforms to limit late-night app notifications, which state lawmakers say are designed to increase user engagement and can disrupt sleep. Both bills were introduced last fall and passed the state House in early June.
New York officials hailed the bill as an important step in curbing the influence of social media platforms on teenagers.
“Today we saved children,” Hoekl said at a news conference Thursday. “We have heard their cries for help and are reminded that as adults, we have a moral responsibility to protect young New Yorkers from harm and addiction.”
“While we do not agree with every aspect of these bills, we welcome that New York has become the first state to pass a bill holding app stores accountable,” a Meta spokesperson said in a statement Thursday afternoon.
“Surveys show that a majority of parents support legislation requiring app stores to obtain parental approval for app downloads, and we continue to work with policymakers in New York and elsewhere to advance this approach,” the spokesperson said.
CNN has reached out to Google, Snap and TikTok for comment.
Some scholars say that while research has highlighted links between specific social media activities and negative mental health outcomes, such as social comparison, it is unclear whether there is a causal link between these harms and general social media use. Still, many state and federal lawmakers have called for legislation to crack down on social media platforms, arguing that tech companies’ products are to blame for eating disorders, insomnia, distraction and, in some cases, self-harm and suicide.
“We’re saving lives in this, my friends,” Haukle said at a news conference Thursday.
New York Attorney General Letitia James added Thursday that the bill tackles “the most dangerous aspect of social media: addictive algorithmic feeds that exploit impressionable minds.”
“These bills give my office the authority to make the rules and make sure businesses follow them,” James said.
Opponents of the social media algorithm bill, including but not limited to the tech industry, say the bill is likely unconstitutional because it violates children’s First Amendment rights and raises other questions about how social media actually works across state lines.
“It’s well-intentioned, but it’s misguided,” said Adam Kovacevich, CEO of the tech industry advocacy group Chamber of Progress. “Algorithmic curation makes teens’ feeds healthier, but banning algorithms would make social media worse for teenagers.”
The signing of the bill marks the start of a long series of legal battles over state social media laws.
A number of states, including Arkansas, Florida and Louisiana, have passed laws cracking down on social media companies’ reach to teenagers. Industry groups have challenged some of these laws, and courts have generally been skeptical. In Ohio, for example, a federal judge this year temporarily blocked a law that bars online platforms from creating accounts for users under 16 without parental consent, saying the law likely violated the First Amendment.
Two states, Texas and Florida, have passed laws limiting online platforms’ ability to moderate sites, and the case is heading to the Supreme Court this term with a decision expected within the next few weeks.
