NY Parents Join AG James and Sen Gounardes in Albany, Calling On Lawmakers to Keep Children Safe Social Media

ALBANY, NY (03/20/2024) (readMedia)-- On Wednesday, Attorney General Letitia James, Senator Andrew Gounardes, and Assemblymember Nily Rozic joined dozens of New York parents, educators, lawmakers, and advocates in the State Capitol to rally for common sense regulations designed to make social media safer for kids. Organizations in attendance included Common Sense Media, New York State United Teachers, Mothers Against Media Addiction, the National Urban League, the New York Society for the Prevention of Cruelty to Children, and more. Parents and advocates are supporting the Stop Addictive Feeds Exploitation for Kids Act (SAFE for Kids Act) and the New York Child Data Protection Act and demanding accountability from Big Tech companies, notorious for maximizing their profits at the expense of their youngest users. While Big Tech companies publicly say they plan on improving their platform for teens, behind the scenes they spent well over $650 million to lobby against the two pieces of legislation.

Click here to watch Senator Gounardes' remarks.

Parents in New York, and across the country, are noticing an immediate hit to their childrens' mental health once they begin using social media, and countless studies confirm the correlation between prolonged use of social media and mental health issues. According to recent research, youth who spend more than three hours a day on social media (the average for overall Internet use is almost nine hours a day, not including time for homework) double their risk for depression and anxiety.

Despite endless studies demonstrating the increased rates of depression, anxiety, suicidal thoughts, and self-harm among children online, social media companies like Meta only invested in tools like addictive algorithms to keep youth online for longer. And these companies have a significant financial incentive to keep kids doom scrolling on their platforms. According to a recent report from the Harvard T.H. Chan School of Public Health, social media platforms like Instagram and Tiktok collectively generated just short of $11 billion in ad revenue from users under 18 during 2022. In an effort to regulate these harmful addictive algorithms, Attorney General James, Senator Gounardes, and Assemblymember Rozic are backing the SAFE for Kids Act to protect users under 18 from addictive algorithms, and instead provide them with chronological feeds with content they choose to follow.

"Addictive social media is fueling a mental health crisis among young people, and we must do more to protect children who are suffering," said Attorney General James. "These bills will shield kids from the most harmful aspects of online life, protecting their privacy and mental health while ensuring the internet remains open and accessible to everyone. I want to thank Governor Hochul, Senator Gounardes, and Assemblymember Rozic for their leadership, and all the parents, children, and advocates who have joined the fight to support this critical legislation."

"Social media companies made $11 billion off underage users last year, so when they claim we can't or shouldn't regulate the addictive algorithms making our kids sick, it's just about protecting their profits. Keeping kids online with content they didn't sign up for has nothing to do with free speech or an open internet: it's a cash grab, and we're paying the price. It's time to regulate Big Tech just like we regulate alcohol and tobacco, they're not special," said State Senator Andrew Gounardes.

"With the New York Child Data Protection Act and the Stop Addictive Feeds for Kids Act, we're standing up for our children in today's tech-driven society. These bills are our shield against platforms that overstep boundaries, ensuring that online experiences are safe from exploitation. By requiring parental consent and targeting addictive social media algorithms, we're not just safeguarding privacy: we're safeguarding our kids' mental and emotional well-being. I'm grateful for the partnership of Attorney General James, Governor Hochul, Senator Gounardes, and all advocates standing with us. Together we're making New York a safer place for our children in the digital age," said Assemblymember Nily Rozic.

Outlined in her Executive Budget proposal, Governor Hochul named the protection of teens online the "defining challenge of our time" and included the SAFE for Kids Act and the New York Child Data Protection Act as part of her Executive budget proposal. Both the Senate and Assembly excluded the SAFE for Kids Act in their One House budget proposals.

"As a mom of a young boy growing up in Brooklyn and as an advocate for online safety for children and teens, I will not rest until Albany passes these bills to protect New York kids online," said Liz Foley, senior director for advocacy campaigns at Common Sense Media. "Social media companies know about the harm they are causing to young people, but they refuse to change their ways. So, it is up to our leaders in the legislature to act, and it is up to parents and advocates like us to make sure they do."

"As we prepare students for a rapidly changing world and job market, we - as parents, educators and elected officials - must ensure they can navigate social media platforms safely and wisely. These bills are a strong step in curbing the addictive power these platforms can have over kids, and would help to keep our schools as spaces that support the whole child, both now and into the future," said NYSUT President Melinda Person.

"Social media companies relentlessly target our kids with addictive algorithms and inappropriate content that exploit their emotions for profit. The result is a far reaching and unacceptable youth mental health crisis that requires urgent attention. MAMA is proud to join voices from across New York in calling for policies that limit young people's exposure to harmful algorithms and that prioritize children's wellbeing over tech company profits - not the other way around,' said Julie Scelfo, founder and mom-in-chief of Mothers Against Media Addiction (MAMA.)

"The NYSPCC and parents nationwide agree that legislative intervention is critical to keeping minors safe online and holding technology companies accountable for the digital exploitation of society's most vulnerable - our children. We implore Albany to stand up and help shield the children of NY State from online harm through the passage of the SAFE for Kids Act and the Child Data Protection Act. We cannot opt out of child protection - whether on or offline," said Muna Heaven, Interim Executive Director of the New York Society for the Prevention of Cruelty to Children (NYSPCC).

BACKGROUND:

Bill #1: Stop Addictive Feeds Exploitation (SAFE) for Kids Act

This SAFE for Kids Act will require social media companies to restrict the addictive features on their platforms that most harm young users. Currently, platforms supplement the content that users view from the accounts they follow by serving them additional content from accounts they do not follow or subscribe to. This content is curated using algorithms that gather and display content based on a variety of factors. However, algorithmic feeds have been shown to be addictive because they prioritize content that keeps users on the platform longer. Addictive feeds are correlated with an increase in the amount of time that teens and young adults spend on social media and significant negative mental health outcomes for minors.

To address this problem, the legislation will:

• Ban social media platforms from offering addictive feeds to any persons under 18 without parental consent. Instead, users will receive a chronological feed of content from only the users that they already follow or feeds of generally popular content – the same way that social media feeds functioned before the advent of addictive feeds. Users may also search for specific topics of interest.
• Prohibit social media platforms from sending notifications to minors from 12AM and 6AM without verifiable parental consent.
• Allow users and parents to opt out of minors accessing social media platforms between the hours of 12AM and 6AM.
• Authorize the Office of the Attorney General (OAG) to bring an action to enjoin or seek damages or civil penalties of up to $5,000 per violation. Allow any parent/guardian of a covered minor to sue for damages of up to $500 per user per incident, or actual damages, whichever is greater.
• This legislation will only impact social media platforms with feeds comprised of user-generated content along with other material that the platform recommends to users based on data it collects from them. For example, Facebook, Instagram, TikTok, Twitter, and YouTube would all be subject to this legislation.

Bill #2: The New York Child Data Protection Act

With few privacy protections in place for minors online, children are vulnerable to having their location and other personal data tracked and shared with third parties. To protect children's privacy, the New York Child Data Protection Act will prohibit all online sites from collecting, using, sharing, or selling personal data of anyone under the age of 18 for the purposes of advertising, unless they receive informed consent or unless doing so is strictly necessary for the purpose of the website. For users under 13, this informed consent must come from a parent. The bill authorizes the Office of the Attorney General to enforce the law and may enjoin, seek damages, or civil penalties of up to $5,000 per violation.