SOCIAL MEDIA REGULATION (S 3164)

By Bob Katzen

Senate 38-2, approved legislation that supporters said would require that all social media platforms adopt default settings for minors that limit the most addictive aspects of social media which are purposely designed to keep people scrolling for hours, often without realizing how long they have been on the app.

All platforms would be required to disable the “algorithmic feed’—where social media companies capitalize on users’ personal online data to pick what content they see; disable “autoplay” and ”infinite scroll;” require that users receive a reminder after using the app for one cumulative hour in a 24-hour period, then additional reminders every 30 minutes after that; and turning off notifications between 10 p.m. and 7 a.m. Those default settings would also apply to users who decline to go through an age verification process.

Other provisions would require social media companies to offer at least one age verification method that does not require users to submit biometric data or a government ID; and allow only users who are not minors and have verified their age to share their locations.

“The question isn’t whether young people should be online—they already are,” said Senate President Karen Spilka (D-Ashland). “Social platforms can help children and teens learn, create and stay connected. But it is our responsibility as lawmakers to shield young people from harmful features that are designed to hook them rather than help them. Today, the Senate put the wellbeing of our kids over the interests of social media companies.”

“This legislation sends a clear message that children’s wellbeing must come before social media companies’ bottom line,” said Senate Majority Leader Cindy Creem (D-Newton), lead sponsor of the legislation. “Features like autoplay, infinite scroll and algorithm-driven feeds are intentionally designed to keep young people online for as long as possible, often at the expense of their mental health. This bill takes thoughtful steps to create a safer online experience for children while protecting privacy and free speech.”

“The bill passed today by the Senate aims to restore for younger users the original purpose of social media—when platforms were truly a place to connect with friends, not an endless rabbit hole of doomscrolling, self-doubt and misinformation,” said Sen. Julian Cyr (D-Provincetown). “We know that social media apps today are engineered to be incredibly addictive, relying on sophisticated behavioral science and data collection to trap users in an infinite cycle of content curated by corporations. We also know that young people are especially vulnerable to having their mental health negatively impacted by these unending algorithmic feeds. Our bill walks a careful line of shielding minors from harmful features, while preserving their ability to find connections and support online.”

Only Sens. Peter Durant (R-Spencer) and Kelley Dooner (R-Taunton) voted against the bill.

Dooner did not speak during debate on the Senate floor and also did not respond to repeated requests by Beacon Hill Roll Call asking her why she opposed the bill.

Durant said he wanted to see more parental rights included in the proposal. “Show me a bill that puts the device-level age signal in parents’ hands, set it once as set up by a mom or dad, instead of handing it to the attorney general,” Durant said. “Show me a bill whose defaults a parent can adjust in either direction because they know their 15-year-old better than anyone.”

“It’s not to say it’s a horrible bill, it’s not to say that there aren’t many good portions of this bill, but for me the bill in front of us has to answer a question: Who raises the children of Massachusetts? And I’m afraid, and I’m worried that overall, the answer is, and is increasingly becoming more, that we do. The state. Parents, they can watch,” Durant added.

(A “Yes” vote is for the bill. A “No” vote is against it.)

Sen. Patricia Jehlen Yes

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