New York Unveils Regulatory Strategy for Youth's Social Media Engagement
New York is taking a significant step towards safeguarding children's online safety with the enforcement of the SAFE for Kids Act. Governor Kathy Hochul signed the Act last June, marking a milestone in internet regulation.
The Act, which is the first of its kind in the country, aims to protect children from the potential harms of social media, particularly those that use algorithms. The Attorney General's office will be responsible for enforcing the Act, ensuring compliance with age-gating users and other stipulations.
Under the proposed rules, social media companies must first receive approval from children before requesting parental consent for access to algorithmic feeds or nighttime notifications. Information gathered for age verification or parental consent must be immediately deleted after its intended use.
The rulemaking process for the SAFE for Kids Act is lengthy, with a public comment period open until Dec. 1. After the public comment period closes, James' office will have another year to release the final rules.
The draft regulations offer social media companies leeway in choosing methods to verify users' ages. The chosen methods must be proven effective and can include uploading images or videos, using email or phone numbers, or using government IDs. Companies must offer at least one alternative method for users to choose if an ID is requested.
The law restricts minors' access to addictive algorithmic feeds and nighttime social media notifications. Social media companies must prevent minors from using these features without consent.
Research has shown that social media, especially those using algorithms, can be addictive and lead to negative mental health outcomes in children. The SAFE for Kids Act is a response to these concerns, aiming to create a safer online environment for New York's youth.
The regulations apply to social media companies with user-generated content and where 20% of a user's time is spent on the feed. TikTok would likely fall under this category. 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.
New York's SAFE for Kids Act serves as a testing ground for online age verification laws, setting a precedent for other states and potentially the nation. As the digital world continues to evolve, it's crucial that we prioritise the safety and well-being of our children.
