Thursday, June 20, 2024

Governor Hochul Joins Attorney General James and Bill Sponsors to Sign Nation-Leading Legislation to Restrict Addictive Social Media Feeds and Protect Kids Online

 

Legislation S.7694A/A.8148A Establishes the SAFE For Kids Act To Put First-in-the-Nation Restrictions on Addictive Social Media Feeds for Minors

Legislation S.7695B/A.8149A Enables the New York Child Data Protection Act To Prohibit Online Sites from Collecting Personal Data of Minors Without Consent

New York Establishes the Nation’s Most Stringent Protections To Safeguard Kids on Social Media

Builds on the Governor’s Ongoing Efforts To Address the Youth Mental Health Crisis

Governor Kathy Hochul today signed nation-leading legislation to combat addictive social media feeds and protect kids online. Legislation S.7694A/A.8148A establishes the Stop Addictive Feeds Exploitation (SAFE) For Kids Act to require social media companies to restrict addictive feeds on their platforms for users under 18. Legislation S.7695B/A.8149A enables the New York Child Data Protection Act to prohibit online sites from collecting, using, sharing or selling personal data of anyone under the age of 18, unless they receive informed consent or unless doing so is strictly necessary for the purpose of the website.

“Young people across the nation are facing a mental health crisis fueled by addictive social media feeds – and New York is leading the way with a new model for addressing the crisis and protecting our kids,” Governor Hochul said. “By reining in addictive feeds and shielding kids’ personal data, we’ll provide a safer digital environment, give parents more peace of mind, and create a brighter future for young people across New York.”

The Governor was joined at today’s bill signing by Attorney General Letitia James and bill sponsors State Senator Andrew Gounardes and State Assemblymember Nily Rozic, marking the culmination of a jointly led push to pass and sign this nation-leading legislation.

With this newly signed legislation, New York has established the nation’s most stringent protections to safeguard kids on social media. This action also builds on Governor Hochul’s ongoing efforts to address the youth mental health crisis.

New York State Attorney General Letitia James said, “Addictive feeds are getting our kids hooked on social media and hurting their mental health, and families are counting on us to help address this crisis. The legislation signed by Governor Hochul today will make New York the national leader in addressing the youth mental health crisis and an example for other states to follow. I applaud the sponsors, Senator Gounardes and Assemblymember Rozic, for working with my office to introduce and advance this legislation, and I thank the legislative leaders for their support of these historic bills. As we move forward with the rulemaking process, my office will work tirelessly to defend these new laws to protect New York children.”

The legislation signed today addresses critical challenges facing young people. According to an advisory issued by the U.S. Surgeon General, recent research shows that adolescents who spend more than three hours per day on social media face double the risk of experiencing poor mental health outcomes, such as symptoms of depression and anxiety. Additionally, a recent report from Pew Research Center found that six out of 10 teens say they feel they have little or no control over the personal information that social media companies collect about them.

The SAFE For Kids Act
Addictive feeds, or algorithmically driven feeds, facilitate unhealthy levels of social media use. This legislation will require social media companies to restrict addictive feeds on their platforms for users under 18. Unless parental consent is granted, users under 18 will not receive addictive feeds. Notably, the SAFE for Kids Act is the first bill of its kind to be signed into law in any state across the nation.

Under this law, kids may still use social media. For example, they can continue to search for specific topics of interest or subscribe to creators but will not be subject to algorithmically driven feeds that promote unhealthy levels of engagement. The law will also prohibit social media platforms from sending notifications regarding addictive feeds to minors from 12:00 a.m. to 6:00 a.m. without parental consent. The law will authorize the Office of the Attorney General (OAG) to enforce the law and ensure compliance, including by seeking civil penalties of up to $5,000 per violation, among other remedies. And finally, it calls for the establishment of acceptable age verification and parent consent methods, to be determined by the OAG as part of a rulemaking process.

The New York Child Data Protection ActThis legislation will prohibit online sites and connected devices from collecting, using, sharing or selling personal data of anyone under the age of 18, unless they receive informed consent or unless doing so is strictly necessary for the purpose of the website. It also authorizes the OAG to enforce the law, including by seeking civil penalties of up to $5,000 per violation.

Safeguarding Teens from Online Exploitation
In addition to the legislation signed today, Governor Hochul has also taken other steps to protect young people online. As part of Governor Hochul’s FY25 Enacted Budget, the Governor directed the Office for the Prevention of Domestic Violence (OPDV) to develop sextortion-focused training and technical assistance programs as well as a public facing informational website and to conduct a public awareness campaign. The training and technical assistance programs will assist both gender-based violence support organizations and law enforcement agencies seeking to support victims and investigate sextortion crimes. The public-facing website will provide educational materials for guardians and other audiences. The public awareness campaign will use social media platforms to publicize the warning signs of sextortion, technology-facilitated abuse and deepfakes.

Addressing the Youth Mental Health Crisis
As part of the Governor’s $1 billion investment in mental health statewide, Governor Hochul has also significantly expanded access to mental health care and resources for young people and their families. This focus on youth supports and services continued with additional investments secured by the Governor in the FY25 Enacted Budget.

Governor Hochul took steps in her Enacted Budget to expand mental health support for children across the state and ensure their voices are heard, making good on an agenda she unveiled in her State of the State address in January. The Governor announced $20 million in start-up funding for school-based mental health clinics and launched a rolling application, which will make it easier for interested schools to establish these satellites than through the state procurement process previously used. The announcement built on the $5.1 million awarded in November to support 137 new school-based clinics, including 82 at high needs schools, and bringing the total number of clinics to more than 1,200 statewide.

The Governor’s FY25 Enacted Budget also includes an investment of more than $19 million to provide critical care to young people outside of school environments, including increasing resources for youth receiving treatment in their community or, when necessary, in residential care. Key initiatives such as the Youth Assertive Community Treatment teams, which provide wraparound services and support to young people at risk of entering residential or inpatient psychiatric treatment, have been expanded with $9.6 million to continue serving them at home and within their community whenever possible. Additionally, the Governor secured an additional $4 million to support a loan forgiveness program specifically for licensed mental health clinicians serving children and families.


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