New Jersey moves to stop social media companies from targeting kids with addictive algorithms that keep them scrolling

From Camden and Cherry Hill to Trenton and the Jersey Shore, what about life in New Jersey do you want WHYY News to cover? Let us know.

When New Jersey Gov. Mikie Sherrill was running for office last year, she made children’s online safety a central part of her campaign platform.

On her first day in office, she signed an executive order that created the Office of Youth Online Mental Health Safety and Awareness to coordinate efforts within state government to keep kids safe online.

Last week, Sherrill signed a three-bill package designed to put stronger online protections in place and give parents additional tools to manage their kids’ safety online.

What the legislation does

One measure, dubbed the New Jersey Kids Code Act, requires big tech to design platforms that protect user privacy.

“It minimizes the data that companies can collect from our kids, increases default privacy settings on kids’ accounts, and shields their accounts from adult users,” Sherrill said. “From now on, platforms can’t bombard our kids with notifications during school hours or target them with ads for drugs or alcohol.”

The law also gives users and their parents control over their algorithms and comment sections, while restricting features that are designed to keep kids endlessly engaged.

Sherrill said any company that violates the law can be taken to court by the state or a New Jersey family.

The second measure establishes a Social Media Research Center at a four-year public university or college in the state.

“This center will conduct independent research on the impacts and addictive nature of social media platforms. As tech evolves, so will this center,” Sherrill said. “It’ll stay on the cutting edge, researching the newest platform features and the most promising solutions.”

A companion bill requires the center to explore the potential efficacy of warning labels and mandatory disclaimers designed to reduce addictive social media behaviors among children. The center will be required to issue a report within 18 months on its findings, and recommend policies to deter and reduce addictive social media behaviors among minors.

The center is expected to be up and running this October.

Why is this necessary?

Sherrill said the typical American teen spends about 35 hours a week, almost a full-time job, on platforms like TikTok, Instagram and YouTube.

“These platforms are constantly rolling out new addictive features to keep our kids hooked, robbing them of time they could spend with friends or on homework, and the endless scrolling wrecks our kids’ mental health,” she said.

The new laws come as social media giant Meta, the company behind Facebook, is currently in court defending itself against claims that it designed its social media platforms to be addictive to children. In 2023, attorneys representing 29 states sued Meta, arguing that the company violated child privacy laws.

The governor noted that independent research has linked social media to depression and anxiety.

She said other studies suggest social media rewires the brain, affecting teens’ emotional regulation and impulse control.

Sherrill said some studies have also found people felt happier and less alone after they stopped using social media.

She suggested that social media sites have created complicated “safety tools” for parents to monitor the online behavior of their children, as part of a strategy to deflect blame when teens develop eating disorders, depression and anxiety.

“It’s on us as parents because we haven’t used their tools right,” she said.

Parents voice support

State Assemblywoman Andrea Katz, D-Atlantic, a mother of three, was a prime sponsor of the legislation. She said social media companies use software that keeps kids scrolling but doesn’t keep them safe.

“Nearly half of teenagers say they lose sleep every single night because they feel stuck on these platforms, sleep deprivation is considered a form of torture,” she said. “Parents should not have to compete with multi-million-dollar algorithms just to protect their own children.”

Another prime sponsor of the legislation, state Sen. Raj Mukherji, D-Hudson, is a father of two. He said the measures answer the alarm bells from pediatricians and mental health professionals.

“It’s essential that online platforms limit the use of manipulative design practices or dark patterns and adapt their services in a way that protects children and their privacy, not harms them or keeps them continuously scrolling,” he said in a statement.

Julie Scelfo, founder and executive director of Mothers Against Media Addiction, or MAMA, an organization made up of parents and allies fighting back against media addiction, praised the bill’s signing.

“These landmark pieces of legislation are critical steps to make the digital world safer for New Jersey kids,” she said in a statement. “They will protect children’s health and safety, while also holding tech companies accountable when their product designs cause harm to our kids.”

State Health Commissioner Dr. Raynard Washington said protecting kids from platforms that encourage addictive patterns of use and expose them to harmful content, and create serious online safety concerns like bullying, is important.

“Social media is engrained in the everyday lives of youth today,” Washington said in a statement. “We have a responsibility to address the health and safety risks that come with it.”

“New Jersey is putting real protections in place for our kids online,” Sherrill said. “We’re giving parents real backup so they’re not fighting this battle alone. Accountability starts now.”