Gov. Kathy Hochul, D-N.Y., is throwing her support behind legislation that limits the power of social media algorithms for its youngest users. The proposed legislation would also require age verification for anyone under 18.
On Oct. 11, 2023, Hochul announced the state would pursue legislation that would limit the power of Big Tech algorithms and how they connect kids to content they’ve liked in the past. Lawmakers believe the law would protect kids from potentially harmful content.
“They’ll give more parents more tools to keep their kids safe, limit social media’s outreach, and also loosen the grip that these algorithms have on the way our kids think and act,” Hochul said.
According to The Wall Street Journal, the legislation is part of a “broader spending plan” by Hochul. The Journal also said that the proposal is likely to pass with state lawmakers required to take action by March 31.
The proposed law in New York is another critical juncture in the fight to rein in the powers of Big Tech. Forty-one attorneys general nationwide have filed lawsuits against Meta, and more cities and states are enacting laws to combat what critics contend are the harmful impacts of social media on the health of kids and teens.
The Wall Street Journal interviewed New York Attorney General Letitia James, D, who said that she believes the legislation, if passed, will survive a legal challenge. James said it will not falter under legal scrutiny like laws in Ohio and Arkansas, which ban social media for kids.
The laws banning social media for kids in Ohio and Arkansas are unable to be enforced because of legal challenges from NetChoice, a trade group that represents technology companies including Meta and TikTok. A district judge granted NetChoice a temporary injunction after it filed a lawsuit against all three states. Utah’s law doesn’t go into place until March 1, 2024.
The reason James believes the New York’s proposed law will be successful is because it differs in scope from the states that previously enacted age restrictions. Instead of targeting all of the content, New York’s law would target a “delivery mechanism.” The law would not regulate content broadly.
The state senator who sponsors the bill, Andrew Gounardes, D-N.Y., spoke with the Journal.
“If you want to follow the Taylor Swift fan page, that’s great,” said New York Sen. Andrew Gounardes, the bill’s sponsor. “What we don’t want is where you click on one thing and in 15 minutes be shown self-harm videos.”
New York is not the only state attempting to change laws regarding social media usage. The Wall Street Journal reported 140 bills in at least 30 states are on the books regarding media literacy, according to the National Conference of State Legislatures.
In June, Politico reported that Connecticut required online platforms to perform children’s safety assessments. The assessments are designed to limit kids interactions with potentially dangerous people on social media.
Social media protections for kids have also been prominently featured in national politics recently. Congress members accused companies like Meta of hurting American youth through algorithms that target teens by enticing them with content.
“I know you don’t mean it to be so, but you have blood on your hands,” Sen. Lindsey Graham, R-S.C. said. “You have a product that’s killing people.”
However, Meta CEO Mark Zuckerberg argues that algorithms are taken out of context, telling The New York Times that his company uses them to identify and remove dangerous content.
Zuckerberg has also questioned the link between mental health issues in teens and social media usage. The Meta CEO said during testimony in front of U.S. senators that he did not see a “causal” link.
However, many lawmakers and activists contend that there is a link between social media and a rise in suicides, depression and mental health disorders among teens. In May, The New York Times reported that the U.S. surgeon general warned of the negative effects social media usage can have on anxiety and depression among kids.
Hochul is not the first public official in her state to take action on the reportedly harmful effects of social media use. In January, New York City Mayor Eric Adams, D, declared a public health emergency regarding social media usage among teens and kids. In response, New York City became the first major city in the U.S. to label social media an “environmental toxin.” Adams said he would reveal more details about his plan of action at a later date.
