New York proposes regulations for children's engagement on social media platforms
In a move aimed at safeguarding children's mental health and ensuring a safer online environment, New York has taken a significant step forward with the SAFE for Kids Act. Signed by Governor Kathy Hochul last June, the Act is set to take effect in spring 2027.
The Act, the first of its kind in the country, serves as a testing ground for the effectiveness of online age verification laws. It targets social media platforms where at least 20% of a user's time is spent on algorithmic feeds, likely including major platforms such as Facebook, TikTok, and others.
Under the proposed rules, social media companies must receive approval from a child before making any requests for parental consent. This approval is crucial for access to addictive algorithmic feeds and nighttime social media notifications, features that have been linked to high rates of anxiety and depression among children and teenagers, according to Attorney General Letitia James.
Research has shown that social media and feeds that make use of algorithms can be addictive and result in negative mental health outcomes in children. The SAFE for Kids Act aims to address this issue and make social media safer for kids and families.
The Act requires children under 18 to receive parental or guardian consent to access algorithmic feeds and overnight notifications from social media. Social media companies are also mandated to offer at least one alternative method for users to pick if the company opts to ask for an ID. Methods for verifying age can include uploading an image or video, using an email or phone number to cross-check data, or using a government ID.
Privacy concerns have been raised regarding the risks involved with providing personal information for age verification. To assuage these concerns, the draft regulations state that companies must delete information gathered for age verification or parental consent after its intended use.
The draft regulations were released by state Attorney General Letitia James over a year after her office began accepting comments. The rulemaking process is lengthy, with comments on the proposed regulations open until Dec. 1. Once the public comment period closes, James' office will have another year to release the final rules.
The law allows social media companies to choose methods to verify a user's age, as long as they are proven effective. TikTok would likely fall under these regulations, while a site like GoodReads probably would not.
The law will formally go into effect 180 days after the final rules are released, which means New York may need to wait until mid-2027 to see the impacts of the new law. The SAFE for Kids Act is a significant step towards tackling the youth mental health crisis and making social media safer for kids and families.
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