In Sacramento, California, known for housing some of the biggest tech companies globally, a bill introduced on Monday seeks to make it the first U.S. state to mandate mental health warning labels on social media platforms. State Attorney General Rob Bonta sponsors the legislation, citing the need to enhance online safety for children. While supporters argue for the importance of these warning labels, industry representatives pledge to challenge the measure, citing First Amendment concerns.
The push for social media warning labels received immediate bipartisan support from numerous attorneys general, including Bonta, following U.S. Surgeon General Vivek Murthy’s call for Congress to implement such requirements earlier this year. According to Murthy, social media plays a role in the mental health crisis affecting young individuals.
During a news conference on Monday, Bonta expressed frustration at tech companies’ lack of action to address the harmful impact of their products on children. He emphasized the urgency for change, stating, “Time is up. It’s time we stepped in and demanded change.”
Although specifics of the bill have not been disclosed by state officials, Bonta mentioned that the warning labels could appear weekly. Recent data from the Pew Research Center indicates that up to 95% of teenagers aged 13 to 17 use social media, with over a third reporting near-constant usage.
Assemblymember Rebecca Bauer-Kahan, the bill’s author, criticized social media companies for exploiting children’s attention for profit. She called for a focus on online safety education and mental health resources instead of what she deems as constitutionally questionable warning label legislation.
Todd O’Boyle, a vice president at the Chamber of Progress, a tech industry policy group, believes that warning label bills could be challenged in court as compelled speech. He anticipates that courts may invalidate these requirements.
The bill has personal significance for Victoria Hinks, whose 16-year-old daughter Alexandra died by suicide after being exposed to harmful content on social media. Hinks believes that warning labels could have helped prevent her daughter’s tragic outcome and urges others to recognize the impact social media can have on young individuals’ mental health.
Common Sense Media, a bill sponsor, intends to advocate for similar measures in other states. California has been proactive in regulating the tech industry to safeguard children online, with recent laws targeting platforms’ use of personal data and addictive features designed to keep kids engaged. Governor Gavin Newsom signed legislation last September aimed at mitigating the negative effects of social media on children, demonstrating the state’s commitment to online safety.
Federal lawmakers are delving into the realm of child online safety, with a focus on restricting the use of smartphones on school campuses. Potential legislation is on the horizon to compel companies to implement measures that safeguard children from harm in the digital world. Notable figures supporting this initiative include Tesla and SpaceX CEO Elon Musk and Donald Trump Jr., the son of the President-elect. However, it is worth noting that the last federal law addressing online child protection dates back to 1998, a significant six years before the inception of social media giant Facebook.
