Hochul signs bills banning ‘addictive’ social media algorithms for minors

(The Center Square) — New York has become the latest state to ban social media platforms from exposing teenagers to "addictive" algorithmic content without parental consent.

On Thursday, Gov. Kathy Hochul signed a pair of bills aimed at limiting social media algorithms that she claims have negatively affected children and teens, contributing to a tidal wave of youth mental health issues in the wake of the pandemic.

The "New York Child Data Protection Act" will prohibit Facebook, Snapchat and other social platforms from showing suggested posts to people under 18 unless it comes from accounts they follow, with parental approval.

The "Stop Addictive Feeds Exploration for Kids" will block social media platforms from sending notifications about suggested posts to minors between midnight and 6 a.m. without parental consent.

Speaking at a bill signing on Thursday, Hochul said the "first-in-the-nation requirements will protect youth from the damaging effects of algorithms" she claims are "weaponized to use children's personal information" to create a "barrage of unsolicited images and messages" to keep them "hooked" on social media.

"Today, we save our children," said Hochul, a Democrat, flanked by lawmakers, parents and advocates for social media curbs. "We have heard their cries for help, reminding us as adults that we have a moral responsibility to protect young New Yorkers from harm and from addictive forces that are happy-go-lucky kids into teenagers who are depressed, isolating themselves from human contact."

With Hochul's signature, New York joins a growing list of states — including Maryland, Vermont and Colorado — that have passed bills or enacted laws to protect children's data and to force social media companies to change how they operate their platforms.

The industry group NetChoice has blasted New York's proposal and similar legislation being considered in other states, arguing that the laws violate First Amendment protections by censoring free speech online. The group is expected to file a legal challenge against the New York law, noting that it has defeated similar "unconstitutional" bills.

Big tech companies are increasingly being blamed for the rising rates of depression, suicidality and other mental health issues among youth nationally. In response, states and local governments are increasingly considering legislation and legal action to crack down on social media use.

Earlier this week, U.S. Surgeon General Vivek H. Murthy suggested that Congress should create a warning label, like it would for addictive products like cigarettes, on social media for teens.

However, such legislation is unlikely to get bipartisan support, with bills in the House and Senate seeking to enact federal technology regulations stalled in both chambers.

"Anybody holding their breath waiting for a federal solution? Me either. It's a shame," Hochul said during Thursday's bill signing ceremony. "Congress can and should act. They could have a national standard. But until such time, we'll lead the nation, as we've always done before."

The new law will take effect 180 days after New York Attorney General Letitia James finalizes rules and guidelines. The new restrictions allow the AG's office to issue fines of up to $5,000 per violation to social media platforms that don't comply with the new rules.