Legislation putting limits on social media falls out of NYS budget

ALBANY — Gov. Kathy Hochul’s proposal to restrict young people’s exposure to addictive social media feeds and increase child data protections fell out of the final state budget, but state lawmakers say they plan to pass both bills before the legislative session ends in June.

“I’ve heard from parents, teachers and advocates from across the state that we need to tackle the mental health crisis that’s impacting New York’s kids. This is the best approach to doing that,” Assemb. Nily Rozic (D-Queens), who is sponsoring both bills in the Assembly, told Newsday last week.

Both the social media algorithm bill and a bill banning online sites from collecting data from those under the age of 18 will be taken up in the coming weeks, she said.

The bills have the backing of Democrats, who control the Senate and Assembly, as well as Hochul and state Attorney General Letitia James. They say the legislation will protect young people’s mental health by limiting potential negative effects of social media, including Facebook, Instagram and TikTok, and keep minor’s data secure.

The proposals are running up against lobbying efforts of Big Tech.

Tech:NYC, a nonprofit industry group that has been lobbying on behalf of its members, including Meta, formerly known as Facebook, Google and Yahoo, applauded the decision to take the proposal out of the budget.

The budget process is not the "appropriate place to negotiate complex legislation," Tech:NYC president & CEO Julie Samuels said in a statement. "We look forward to continuing conversations and reviewing the many implications of these bills with legislators, as well as better understanding the ways we can help families and communities navigate these issues." 

Hochul told reporters earlier this month that the lobbying efforts had nothing to do with the language not being included in the final budget, saying they just ran out of time, with negotiations focusing instead on a housing deal. Hochul said she and leaders plan to take up the legislation outside of session, which is scheduled to end June 6. The $237 billion state budget was approved April 20.

“Families are depending on us. Kids are depending on us,” Sen. Andrew Gounardes (D-Brooklyn), the bills’ Senate sponsor, told Newsday on Tuesday. “We should not let kids’ mental health be monetized for Big Tech’s financial gains.”

Senate majority spokesman Mike Murphy told Newsday the bills are “definitely something we want to get done and will be discussing in the coming weeks.”

The proposed legislation includes what’s known as the “Stop Addictive Feeds Exploitation for Kids Act,” or SAFE for Kids Act. It would ban social media platforms from providing addictive, algorithm-based feeds to those under the age of 18 without parental consent. The bill also would require parental consent for social media platforms to send notifications to minors between midnight and 6 a.m. and give parents the ability to limit the number of hours their child spends on a platform.

The State Legislature also is looking to pass the New York Child Data Protection Act, which would ban online sites from collecting, using, sharing, or selling personal data for anyone under the age of 18 without consent. Parental consent would be required for those under the age of 13. Under the proposal, sites could collect data only if necessary for the purpose of the website.

Online platforms under both bills could face civil penalties of up to $5,000 per violation.

“The Department of Homeland Security has said that internet security for our kids has become a crisis. This is beyond one computer screen or one cellphone app. This is a national epidemic,” Rozic said.

Though both bills have general support of Democrats in the Senate and Assembly, tweaks may be needed. Changes could include clarifying how the algorithm would work and ensuring that the bill reflects lawmakers’ intention, Gounardes told Newsday.

Gounardes and Rozic said they’re collecting input from stakeholder groups.