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New York State. Can Regulation Solve the Digital Crisis? Exploring Tech Accountability Under U.S. Law

Governor Kathy Hochul and James P. Steyer’s op-ed in Newsweek calls for stronger policies to protect youth mental health from the negative effects of social media. They argue that the pressures teens face, driven by social media algorithms and a culture that prioritizes productivity, are causing widespread burnout. Hochul highlights New York’s legislative efforts, such as the SAFE for Kids Act, while urging more collaboration between tech companies, parents, and policymakers. However, the push to regulate digital platforms raises critical questions about balancing government intervention, market freedoms, and individual responsibility in a democratic society governed by the U.S. Constitution.

ICYMI: Governor Hochul and James P. Steyer’s Op-ed in Newsweek: The Digital Hustle Is Hurting Our Teens

Today, Newsweek published an op-ed by Governor Kathy Hochul and Common Sense Media Founder and CEO James P. Steyer highlighting the need to take further steps to protect youth mental health on social media. Text of the op-ed can be viewed online and is available below.

America’s youth are facing a mental health crisis unlike any we’ve seen before —one that’s not just fueled by academic stress or peer pressure, but also amplified by an increasingly complex and demanding digital landscape. From social media algorithms that capture their attention to a culture of pressure that can leave them feeling like they’re never enough, our kids are being pulled in endless directions. The cost? Their mental health.

A new study by the Center for Digital Thriving at Harvard Graduate School of Education, Indiana University, and Common Sense Media paints a sobering picture. More than a quarter of American teens are struggling with burnout—a term once reserved for overworked professionals. Today, it’s a reality for millions of kids who are just trying to balance school, friendships, parent expectations, and their futures.

The warning signs have been there. Last year, U.S. Surgeon General Dr. Vivek Murthy issued an advisory on youth mental health that detailed the academic, financial, and societal pressures that teens face, which has contributed to a pervasive sense of loneliness. In fact, most teens today feel more disconnected from their peers than they did 20 years ago.

This crisis demands that we look beyond traditional awareness campaigns. While open conversations about mental health are critical, they aren’t enough. We need to address the social pressures, many of which are intensified by the very tools our children use for hours each day. Social media platforms amplify anxieties around appearance, achievement, and even activism for kids, with three-quarters of teens reporting that social media at least sometimes worsens their anxiety about how they look and how they’re perceived.

But the issue goes deeper than screen time. As Harvard researchers point out, it’s about a culture that glorifies hustle. According to the survey, 53 percent of teens feel immense pressure to achieve, while 56 percent stress over not having a clear plan for their future. These are not just academic worries—they reflect a larger societal issue where productivity is valued above well-being. Even the concept of self-care is often viewed by teens as unproductive or something they don’t have time for.

We cannot allow this to continue. New York is already leading the nation in addressing the digital and mental health crisis through landmark legislation like the Stop Addictive Feeds Exploitation (SAFE) for Kids Act and the Child Data Protection Act. Technologies should be used to empower, not entrap, the next generation, and our policies must be built with this in mind. Digital platforms can be part of the solution, but only if we hold the tech industry accountable for their role in this crisis.

Teens want to live in a world where their mental health is prioritized and are looking to their parents, educators, and policymakers to work together to create a healthier environment—both online and offline. This means encouraging self-care practices like getting outside, engaging in creative activities, and making time for relaxation and sleep—as New York has done with initiatives like the Get Offline, Get Outside campaign. Teens who engage in these types of activities report lower rates of burnout, but barriers—like a lack of time or the pressure to always be productive—keep too many from doing these simple, restorative activities.

We must also support our local schools and communities as they rise to the challenge. Implementing thoughtful smartphone policies in the classroom and more access to mental health resources is more important than ever. In New York, we are committed to expanding access to these services, but prevention must also be part of the equation. That means creating spaces where teens can focus on friendships, creativity, and self-expression without feeling the constant pressure to perform or conform.

As we observed World Mental Health Day, this isn’t just a call to action for tech companies or lawmakers—it’s a call for all of us. We need to empower the next generation, while helping them navigate a world that’s changing faster than ever. The future of our youth depends on us breaking the cycle of burnout and restoring balance.

James P. Steyer is founder and CEO of Common Sense Media.

Kathy Hochul is the 57th governor of New York.

October 11, 2024 Albany, NY


Five Critical Questions:
  1. What are the limits of government intervention in regulating social media platforms without infringing on First Amendment rights to free speech and expression?
  2. How can policymakers balance protecting youth mental health with preserving market competition and innovation in the tech industry?
  3. Should the responsibility for addressing teen mental health primarily rest with families and schools, or does the government have a constitutional obligation to regulate private companies?
  4. Does regulating social media content or algorithms constitute a violation of free enterprise principles by restricting how businesses operate within a free market economy?
  5. How can laws like the SAFE for Kids Act ensure compliance without creating excessive regulatory burdens that could stifle small startups and innovation in the tech sector?

Sources: NY.gov. Midtown Tribune,
Big New York news BigNY.com

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