Teens using social media.

©Imágenes de Carlos Barquero via Canva.com

States Clamp Down on Social Media for Minors

February 8, 2024

States across the nation are taking the concerning impacts of social media on teenagers seriously. Officials in New York are advocating for restrictions to the algorithms that control a platform’s feed, according to The Wall Street Journal.

In the past, other states have experienced an uphill battle on the legal front with the mission to protect children from certain kinds of content or restrict minors from registering for accounts. However, if New York succeeds, it would pave the way forward for other states to jump on the bandwagon.

New York Attorney General Letitia James, who is a Democrat, said, “Children and teens are struggling.” She added that the proposal “will protect New York children and will be an example for others to follow.”

New York Gov. Kathy Hochul and James back a proposal to stop social media companies from making content available to minors in the state using algorithms unless apps such as Instagram and TikTok first receive parental consent. In addition, they are also supporting limitations on the timing of when apps can send notifications to minors on the platform and how companies use the data collated from them.

New York is just the latest state to take action against big tech firms as a result of federal inactions. Lawmakers in states such as Arkansas, Ohio, and Utah have banned minors from using social media platforms without obtaining parental consent. A trade group that represents TikTok and Meta called NetChoice has sued in all three states and successfully gained injunctions in Arkansas and Ohio.

Speaking about the state’s laws, Carl Szabo, NetChoice’s vice president and general counsel, said, “At the end of the day, they’re a violation of the First Amendment.” In addition, the organization has also said federal proposals pose serious concerns about privacy and security.

According to the National Conference of State Legislatures (NCSL), last year, 12 states actioned laws concerning the use of social media by children, including the Utah and Arkansas laws and other measures to create task forces or aid education on media literacy. Per The Wall Street Journal, “There are more than 140 bills on the topic pending this year in at least 30 states, according to an NCSL tally.”

Danny Weiss, chief advocacy officer for the advocacy group Common Sense Media, said the states are acting where Congress hasn’t. “There are no guardrails on social-media platforms when it comes to our kids.”

The Democratic governor said this measure aims to decrease the addictive nature of social media, and she highlighted how the heavy usage of these platforms by minors has led to increased instances of mental illness amongst the demographic. Industry groups have raised concerns over the constitutionality of the proposal and are advocating more focus on media literacy, which they believe would have a more immediate impact.

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