Bill (if passed) could see California become the first US state to require mental health warning labels on social media sites
California is the home state of a number of tech giants and social media firms, but its lawmakers are considering a first of its kind legislation in the United States.
A bill known as AB 56 was introduced on Monday in California, backed by state Attorney General Rob Bonta, which if passed, would require social media platforms to display mental health warning labels about the potential risk to kids and teenagers on their sites.
It comes after the US surgeon general Vivek Murthy in June had called for warning labels to be included on social media platforms, similar to those attached to cigarettes and other tobacco products, as a step toward addressing a mental health “emergency” amongst young people.
Health warnings
Nearly 40 US states in September had backed that proposal from US surgeon general Vivek Murthy.
Now California is considering such legislation.
“California Attorney General Rob Bonta and Assembly member Rebecca Bauer-Kahan (D-Orinda) today introduced Assembly Bill 56 (AB 56), legislation that would arm people with clear information about the risks of social media for kids and teens,” said the press release.
It pointed out that adolescents who spend more than three hours per day on social media face double the risk of experiencing poor mental health outcomes, including symptoms of depression and anxiety.
“AB 56 would require social media companies to disclose this risk to users by adding a warning label to their platforms to ensure consumers have equitable access to information that may affect their health,” it stated.
“Social media companies have demonstrated an unwillingness to tackle the mental health crisis, instead digging in deeper into harnessing addictive features and harmful content for the sake of profits,” said Attorney General Rob Bonta.
“It is our responsibility to make sure consumers have access to information that may affect their health, so they can make the best choices for themselves and their families,” said Bonta. “Social media warning labels are an equitable and transparent way to communicate the risks that social media engagement poses to young users. Warning labels alone are not a panacea, they are another tool in the toolbox to address the growing mental health crisis and protect future generations of children.”
“Social media platforms have built systems designed to keep our children endlessly engaged, often at the expense of their mental health,” added Assembly member Rebecca Bauer-Kahan. “This bill shines a light on those harms and ensures that families are equipped with critical information to make informed choices. I’m proud to partner with Attorney General Bonta to prioritise the well-being of California’s youth.”
State officials haven’t provided details on the bill, but Bonta reportedly said the warning labels could pop up once weekly.
Free speech
Lawmakers instead should focus on online safety education and mental health resources, not warning label bills that are “constitutionally unsound,” Todd O’Boyle, a vice president of the tech industry policy group Chamber of Progress was quoted by the Associated Press as stating.
“We strongly suspect that the courts will set them aside as compelled speech,” O’Boyle told The Associated Press.
However Common Sense Media, a sponsor of the bill, reportedly said it plans to lobby for similar proposals in other states.
The last federal law in the United States aimed at protecting children online was enacted in 1998, six years before Facebook’s founding, AP noted.
Parental concerns
The use of social media among children and teenagers has long been a concern for parents and guardians around the world.
Last month for example Australia became the first country in the world to pass a law banning the use of social media for children under-16 years old.
Meanwhile in the US in October 2023, 33 states filed legal action against Meta, alleging its Instagram and Facebook platforms is impacting children’s mental health with a range of issues including anxiety, depression, insomnia and self harm.
The US states alleged Meta contributes to the youth mental health crisis by knowingly and deliberately designing features on Instagram and Facebook that addict children to its platforms.
That federal suit was the result of an investigation led by a bipartisan coalition of attorneys general from California, Florida, Kentucky, Massachusetts, Nebraska, New Jersey, Tennessee, and Vermont.
Prior to that in October 2021, the head of Instagram confirmed the platform was ‘pausing’ the development of the “Instagram Kids” app, after the Wall Street Journal (WSJ) had reported on leaked internal research which suggested that Instagram had a harmful effect on teenagers, particularly teenage girls.
Facebook had previously said it would require Instagram users to share their date of birth, in an effort to improve child safety.
In November 2024 a US federal judge found that Meta CEO Mark Zuckerberg is not personally liable in two dozen lawsuits accusing the company and other social media firms of addicting children to their products.
Whistleblower Frances Haugen, famously testified before Congress and a British parliamentary committee in 2021, saying that Facebook knew it is harming people.
