Research about the negative impacts of social media on young people’s mental health has been building up for years, with many of the US’ most senior medical advisers calling for action. Now, New York has become the latest state that plans to force social platforms to carry the same type of health warning labels we know from tobacco products, following Colorado, Minnesota, and California making the move in recent years.
New York State Governor Kathy Hochul has signed legislation that will force social media platforms to display warning labels about the impact their features can have on young users’ mental health.
Legislation S4505/A5346, following the chapter amendment, will apply to any social media platform that offers “predatory” addictive feeds, like counts, autoplay, or infinite scroll, requiring them to post warning labels on their platforms.
New York’s commissioner of mental health will be tasked with designing the new labels, and how and where they should be displayed, based on peer-reviewed research. Platforms are to be barred from hiding the warnings exclusively in areas such as their Terms and Conditions, where they may simply lie unread.
“With the amount of information that can be shared online, it is essential that we prioritize mental health and take the steps necessary to ensure that people are aware of any potential risks,” Governor Hochul said.
Social media firms that break the laws will be liable for legal action by New York State’s attorney general as well as civil penalties of up to $5,000 per violation.
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Though only four US states have passed bills including these types of health warnings, plenty more are considering enforcing them. A bill to add similar warnings for young users’ mental health in Texas was passed in the Texas House in May, though it still needs Senate approval to pass into law.
Other US states have faced legal challenges when it comes to bringing these types of laws to the enforcement stage. The Colorado law, HB24-1136, was paused by a federal court in November, following a lawsuit from NetChoice, a lobbying group that represents social media companies like Meta, YouTube, X, and Reddit. The lawsuit invoked First Amendment protections on free speech.
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