New York Governor Kathy Hochul signed two legislations on Thursday, aimed at combating addictive social media content and protecting online children. This marks the first time such laws have been introduced in the United States.
According to the official announcement on the New York State government website, Governor Hochul signed two bills requiring social media companies to restrict addictive content targeting users under the age of 18 on their platforms. The laws also prohibit online platforms from collecting, using, sharing, or selling any personal data of users under 18 without prior notice and consent from these young users, unless it is absolutely necessary for the website’s purpose.
Hochul stated, “Young people nationwide are facing a mental health crisis fueled by addictive social media content — and New York is leading the way in addressing this crisis and protecting our children in a new way.”
“By controlling addictive content and safeguarding children’s personal data, we will provide a safer digital environment, giving parents peace of mind and creating a brighter future for all young people in New York,” added Hochul.
Under these legislations, New York State will restrict social media platforms like TikTok (international version of Douyin) and Instagram from sending content to users under 18, allowing only posts uploaded by accounts followed by these young users rather than content recommended by automatic algorithms. The laws will also prevent social media platforms from sending notifications about recommended posts to minors between midnight and 6 a.m.
However, the laws stipulate that these provisions can be waived if minors obtain “verifiable parental consent.”
The legislation will not take immediate effect. New York State Attorney General Letitia James is now responsible for drafting rules to determine mechanisms for verifying user age and parental consent. Once the rules are finalized, the laws will require a 180-day waiting period before taking effect, allowing social media platforms time to comply. At that time, James can impose fines on non-compliant platforms, with fines of up to $5,000 per violation.
It is anticipated that these two laws will face resistance from major tech companies. According to CBS News, a group representing tech companies has already pushed back, arguing that the legislation amounts to online speech censorship and violates the freedom of speech rights granted by the First Amendment of the U.S. Constitution.