New York governor signs bill requiring warning labels on addictive social media platforms – JURIST

New York Governor Kathy Hochul on Friday signed into law a bill that requires platforms to alert users of addictive features that can harm the mental health of younger users.

Bill S4505, known as The Stop Addictive Feeds Exploitation (SAFE) for Kids Act, specifically targets what it calls “predatory features,” including “algorithmic feeds, push notifications, autoplay, infinite scroll, and/or like counts.” It delegates authority over the content and duration of the warning labels to the commissioner of mental health.  However, platforms are not allowed to obscure the labels by, for example, placing them only in the terms of service.

Governor Hochul stated:

Keeping New Yorkers safe has been my top priority since taking office, and that includes protecting our kids from the potential harms of social media features that encourage excessive use … With the amount of information that can be shared online, it is essential that we prioritize mental health.

The governor compared the warning labels to those required for tobacco and alcohol.  The law states that “Addictive feeds have had an increasingly devastating effect on children and teenagers since their adoption, causing young users to spend more time on social media,” with increased risk of suicide, depression, and anxiety.

The law includes a $5,000 civil penalty per violation.

The SAFE Act is in addition to the New York Child Data Protection Act, which took effect on June 20.  That law prevents online sites and devices from collecting or selling data from users under age 18.

With the SAFE Act, New York joins California and Minnesota in requiring social media platforms to alert users of addictive features.  The Los Angeles Unified School District now bans cell phone use by students during school hours.

Earlier this month, Australia banned social media entirely for users under 16 years old. They cannot open new accounts, and over one million existing accounts are being deactivated. The ban came after a study commissioned by the Australian government found that 70 percent of underage users had been exposed to content that promoted suicide, eating disorders, and misogyny, half had been cyber-bullied, and 14 percent reported grooming by older users.  Platform owners are responsible for enforcing the ban, under threat of potential fines up to 49.5 Australian dollars (about $32 million US).