Posted by Authored by: Tasneem Mewa
Despite opposition from tech companies and sizeable factions of teens, several states continue to pass Social Media Laws. Some of these states include New York, Virginia, Idaho, Florida, Wisconsin, and Missouri. Several governors, such as Gov. Kathy Hochul of New York, are impassioned to “tackle the scourge of social media that has harmed so many young minds” through youth privacy legislation that goes further than the Children’s Online Privacy Protection Act (“COPPA”), which only protects children up to 13. More specifically, many of these laws will aim to restrict teen access to addictive social media features.
At the same time, tech companies are not standing idly by–they are campaigning for constitutional solutions (i.e., those that do not infringe on First Amendment rights) and adjusting the settings on their platforms to restrict graphic content (e.g., posts about self-harm) viewership for users under 18. These efforts have shown signs of success.
In fact, a Judge recently halted the social media Parental Notification Act out of Ohio. The law required companies to verify user age and get parental consent if the users are under 16; per the Judge’s ruling, this violates the First and Fourteenth Amendment by requiring personal data disclosure to access content.
Even though tech companies have experienced some success in courts, there is no denying the severity of the ongoing youth mental health crisis. For at least a decade, 40% of young people feel persistent sadness and hopelessness. The pandemic, and our need to engage in remote communication, exacerbated the existing crisis. While social media can have certain positive benefits for young people as they develop, there is “some aspect of online life that’s contributing to the mental health crisis,” even if it is not yet clearly defined. In addition to governmental concern for its citizens, and tech companies wanting to optimize experience for users, much of the ongoing legislation and litigation is inspired by concerned parents, school officials, and healthcare professionals.
As is so often the case, the question comes down to where we draw the line. The current landscape poses a lot of questions:
- How do we address tech companies’ have strong constitutional arguments, but, at the same time, platforms like Facebooks seek young users despite known health concerns?
- How do we reconcile the creation of positive online communities with social and educational benefits for teens with the negative impacts of over-use, isolation, bullying, and harassment?
- Whose interests or what kind of interests are legislatures and courts willing to support and at what cost?
- Should this kind of regulation give rise to a new regulatory framework or build on an existing framework? How do we make legislation forward looking to avoid playing the perpetual catch-up game?
- How do we understand this phenomenon in a larger context? Can public services encourage more social and physical activity? Can we address the mental healthcare gap?
Of course, there are a lot of different approaches individuals take in terms of navigating social media use within their households. However, the ubiquitous nature of social media and the alarming realities of youth mental health require us to ask challenging questions and think broader.
About the Author:
Tasneem Mewa earned her undergraduate degree in Critical International Development Studies from the University of Toronto, Scarborough. During her studies, she worked for a research and policy organization in Bengaluru focusing on privacy, tech, and data issues in India and across Asia. As a student at the Chicago-Kent College of Law, Tasneem has had the opportunity to work in a litigation clinic, as a judicial extern, and within a law firm setting. She hopes her career will involve exploring new areas of law and contributing to policy.