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Meta, the parent company of Facebook and Instagram, will change its platforms to better protect teenagers from addictive social media behavior, under a legal settlement the tech company reached with 47 states, including Massachusetts, as well as Washington, D.C., and several US territories on Aug. 26.
But those positive steps shouldn't stop Massachusetts' Legislature from passing its own bill to protect young people from harmful social media features. Both the House and Senate have passed bills to regulate social media for minors, and a conference committee of lawmakers is currently negotiating a final version.
As Massachusetts Attorney General Andrea Campbell said at a press conference announcing the settlement, the protections established by the settlement are a "floor" but don't prevent states from going further.
Ideally, Congress would regulate social media's ability to target kids with addictive features, so tech companies aren't faced with 50 sets of regulations in 50 states. The Meta settlement provides a template for legislation.
But if Congress doesn't act, states shouldn't use the settlement as a reason not to implement any additional protections that lawmakers feel are in the best interests of their young people.
Under the terms of the settlement, which was swiftly approved by a judge, Meta will pay the states approximately $12.7 billion over 10 years. If YouTube and TikTok, which are also facing litigation over allegedly harmful practices targeting youth, agree to join the settlement and impose similar restrictions on their platforms, rather than face the uncertainty of a trial, Meta will pay an additional $5.3 billion -- reflecting the fact that Meta would be at a competitive disadvantage if the other platforms don't join. Massachusetts expects to get $366 million, plus another $150 million if YouTube and TikTok settle.
Under the settlement, children under 13 will not be allowed to use Facebook or Instagram. Users ages 13 to 18 will only be allowed to use Meta apps for two hours a day, unless a parent removes that limit. Apps will be blocked between midnight and 6 a.m. and notifications will be muted during school hours, unless a parent removes those restrictions. Teenagers will be given an option to opt out of addictive features, including personalized algorithmic feeds and autoplay. Meta will block filters that mimic cosmetic surgery and disable, by default, options that count "likes" or otherwise quantify reactions to users' posts. The settlement restricts adults who a teen has not connected with from contacting a minor or viewing a minor's account.
The settlement is an important one, in no small part because it got Meta to agree to restrictions which, if they were imposed by law, Meta would probably challenge in court. For example, laws blocking specific filters or imposing time limits on usage could be challenged as limiting Meta's free speech rights.
But the settlement also has its limits -- and that's where the Legislature should step in. The most glaring omission is it only applies to Meta and, potentially, YouTube and TikTok. Passing legislation with similar restrictions would ensure the same terms apply to all social media companies -- those that exist today and any future platforms. Legislation would also make protections permanent, while the settlement imposes most terms for 10 years.
In addition, lawmakers may choose to impose additional restrictions. For example, the House and Senate bills would each prohibit social media platforms from providing addictive features -- including autoplay, infinite scroll, and algorithm-driven feeds -- to at least some teenagers (the age limits differ in each bill). The settlement will only give teens an option to opt out, and it doesn't restrict infinite scroll. Lawmakers could also consider imposing stricter age or time limits -- for example, the House bill would prohibit users under 14 rather than 13.
Another important question for Campbell and the Legislature will be how to best spend the money. The settlement contains a list of potential uses aimed at addressing the harms posed by social media, including expanding mental health crisis hotlines; funding after-school programs, summer programs, or outdoor activities; implementing phone-free school zones; teaching students about digital literacy; and training medical providers on media use and body image. Campbell said some money will also go to the state's general fund.
If lawmakers ban in-school cellphone use, which this board supports, there will be a need for money to help schools implement these policies -- for example, purchasing phone storage pouches. But lawmakers should also think more broadly about ideas like expanding training for mental health clinicians on social media addiction or implementing digital literacy curricula in schools.
Used correctly, social media can provide a valuable tool for young people to connect with friends, create community, and find support. But when misused, social media can hurt young people's mental health. Restricting addictive features and imposing time limits are important steps toward limiting social media's potential for harm.
--The Boston Globe