New York’s SAFE for Kids Act drives Instagram’s changes to protect minors

September 20, 2024 Robert Abruzzese, Courthouse Editor

Gov. Kathy Hochul praised Instagram's decision to implement new protections for minors, a move prompted by New York’s SAFE for Kids Act, which was passed in June 2024 to limit addictive social media content and protect children's privacy online. Photo: J. Scott Applewhite/AP

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New York’s SAFE for Kids Act has spurred national changes, prompting Instagram to implement new protections for minors across the country, including limits on late-night notifications and enhanced parental controls.

Attorney General Letitia James and Gov. Kathy Hochul praised Instagram’s recent announcement of new protections for underage users, including restrictions on late-night notifications and improved parental supervision tools.

The changes, they said, come in response to New York’s SAFE for Kids Act, a groundbreaking law aimed at addressing addictive social media feeds and protecting children’s privacy online.

“Our kids are facing a mental health crisis fueled by addictive social media feeds — and the changes announced today by Instagram are proof that New York’s nation-leading laws are already making a powerful impact to protect kids online,” AG James said.

Passed in June 2024, the SAFE for Kids Act was the first law in the U.S. to require social media companies to limit addictive content for users under 18. It also mandates that platforms restrict notifications for minors between 10:00 p.m. and 6:00 a.m. unless parental consent is granted. Instagram’s nationwide implementation of these changes follows New York’s example.

In addition to limiting social media feeds, New York’s Child Data Protection Act will prohibit online platforms from collecting or selling personal data of minors without parental consent, authorizing the Attorney General’s Office to enforce the law and seek penalties of up to $5,000 per violation. Both laws will take effect once the Office of the Attorney General completes its rulemaking process.

Attorney General James has made an effort to be a leading advocate for protecting children online and has also pushed for nationwide reforms, including warning labels on social media platforms. Her office has also taken legal action against companies like Meta, the owner of Instagram, for contributing to the youth mental health crisis.