“New York’s Social Media Safety Measures: Latest Updates and Regulations”
ALBANY, N.Y. (NEXSTAR) — New York State Attorney General Letitia James is advocating for Congress to implement warning labels on social media platforms. She supports Surgeon General Vivek Murthy’s recent call for such labels, similar to those found on cigarettes and alcohol. James argues that these labels would serve as a reminder of the potential mental health risks associated with social media use.
In a move to address what they see as a lack of action from the tech industry, James co-led a coalition of 42 attorneys general from various states in a letter to Congress on September 10. Their aim is to prompt federal intervention to better protect younger users. They argue that warning labels would enhance awareness of social media’s dangers while also pushing for increased protections, oversight, and research. This push follows the Senate’s recent approval of the Kids Online Safety Act (KOSA).
“Young people across our country are struggling, and these addictive social media algorithms are only making this mental health crisis worse,” James said in a statement announcing the coalition’s letter. “The Surgeon General’s recommendation is a strong first step in that direction, and I hope warning labels will be implemented swiftly to raise more awareness about this issue.”
Surgeon General’s Advisory and Recent Developments
In 2023, Dr. Murthy released an advisory highlighting that spending over three hours a day on social media can double the risk of depression and anxiety. He noted that nearly half of teens feel worse about their bodies due to social media. Murthy’s advisory revealed that teens average about 3.5 hours a day on these platforms, with 95% of Americans aged 13 to 17 using social media, and about two-thirds doing so daily.
While the full extent of social media’s impact on mental health is not completely understood, Murthy has called for collective efforts to mitigate its dangers. In June 2024, he specifically recommended warning labels, which would be contingent on new federal legislation. “Evidence from tobacco studies show that warning labels can increase awareness and change behavior,” Murthy said.
New York City and State Response
New York City has declared social media a public health hazard, citing its negative effects on mental health. In January 2024, Mayor Eric Adams announced this designation as part of a broader strategy to tackle the youth mental health crisis. He attributed the issue to the addictive nature of platforms like TikTok, YouTube, and Facebook, leading to a lawsuit against these companies.
“The situation is alarming,” Adams stated during his State of the City address. “We must ensure that tech companies take responsibility for their products.” The lawsuit follows growing concerns about increased rates of anxiety, hopelessness, and attempted suicide among young New Yorkers.
In addition, New York has enacted several state laws to address social media concerns. The SAFE for Kids Act limits how feeds are managed for users under 18, while the New York Child Data Protection Act restricts data brokers’ interactions with minors.
Federal Legislation and TikTok Controversy
At the federal level, KOSA aims to:
- Allow young users to opt out of content algorithms
- Give parents control over their children’s data
- Require reporting mechanisms for harmful behavior
- Limit content that promotes self-harm, eating disorders, substance abuse, and sexual exploitation
- Mandate audits on the impact of social media on minors’ mental health
- Support research on social media’s effect on youth
The Children and Teens’ Online Privacy Protection Act (COPPA) seeks to update the 1998 law by:
- Blocking data collection from those under 17 without consent
- Banning advertising targeted at kids and teens
- Requiring an “eraser button” for easy data deletion
- Expanding requirements to any platform likely to be used by younger individuals
Senate Majority Leader Chuck Schumer, who represents New York, is actively working to pass both bills.
Concerns Over TikTok
The U.S. government has also targeted TikTok due to concerns about its ties to China. President Joe Biden signed a bill that requires TikTok’s parent company, ByteDance, to divest its U.S. assets within 270 days or face a ban. This bill is part of a foreign aid package for Israel and Ukraine.
TikTok is contesting the law, arguing it lacks evidence and infringes on users’ First Amendment rights. The platform claims it stores user data on U.S. servers and makes decisions regarding U.S. users within the U.S.
Public support for a TikTok ban is waning. According to the Pew Research Center, support has dropped from 50% in spring 2023 to 32% in recent months. The court will ultimately decide whether national security concerns justify a ban or if it unfairly targets the app.
Broader Implications and Future Steps
While focusing on warning labels for younger users is a significant step, experts argue that addressing broader issues like data collection and addiction is crucial. Effective regulation may require more precise control over search and algorithms, stronger privacy laws, or even breaking up major tech companies.
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