The state of New York has become one of the first in the country to require social media sites like Instagram and TikTok to display warning labels about addictive design features when accessed by teens.
The labels are required by the new Responsible AI Safety and Education Act, signed into law this weekend by Governor Kathy Hochul. It introduces safety regulations on AI companies and requires disclosures within 72 hours if imminent harm may come from their platforms.
How the social media warning labels will work
For social media platforms, users under 18 will have to be warned about the mental health risks associated with excessive use. It stems from a U.S. Surgeon General advisory that connected prolonged social media use with conditions like anxiety, depression and disrupted sleep.
"Technology companies play a central role and have a fundamental responsibility in designing safe online environments and in preventing, minimizing, and addressing the risks associated with social media," the report reads.
Under the law, features like autoplay, infinite scroll and algorithmically generated feeds must display warning labels to minors. The labels need to appear for at least 10 seconds when a teen user logs on and again for at least 30 seconds after three hours of cumulative use, and once an hour after that. The law bars companies from hiding the warnings in out-of-the-way places, such as terms-of-service agreements.
It's similar to warning labels situated on alcohol and tobacco products.
Companies that fail to adhere could be fined up to $5,000 per incident, with enforcement carried out by the New York State Attorney General's Office.
“When Big Tobacco was killing thousands of Americans, we stepped in with smart, thoughtful regulations to save lives,” state Sen. Andrew Gounardes, the bill’s lead sponsor in the Senate, said in a statement. “It’s time to do the same with Big Tech. This is about ensuring the internet is a tool that serves us, not the other way around.”
Tom's Guide reached out to TikTok and Meta, the parent company behind Instagram, Facebook and Threads for comment. We will update if the companies respond.
How this differs from the Australia ban
New York's warning labels follow Australia's "world-first" social media ban, enacted on December 10. That bars anyone under 16 from having accounts on certain social media platforms, including Instagram, Snapchat and X.
The ban requires the platforms to take "reasonable steps" to ensure children cannot and do not have accounts on their apps.
Supporters largely praised the measure for protecting children from harmful content and already having a positive impact on kids with more "present" children. Detractors claimed it introduces cybersecurity risks, mostly notably via the required age verification checks.
The ban is already facing stiff challenges. Reddit launched a challenge in the High Court of Australia claiming that it isn't a social media platform. Google and Meta have expressed concerns but appear to be complying.
A pair of Australian teens challenged the law in the High Court, saying that it makes the internet less safe and cuts them off from the global community.
Of course, teens are already getting around the ban. The ABC reports that alternative apps have seen a notable rise in popularity since the ban took effect. Meanwhile, there are multiple threads on Reddit about how to get around the ban, mostly by using some of the best VPNs.
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