New York Attorney General Letitia James and Governor Kathy Hochul issued a joint statement today in response to Instagram's announcement of changes for underage account holders, including adjustments to privacy settings and overnight notifications. The modifications follow New York’s legislation empowering the Office of the Attorney General (OAG) to implement rules aimed at protecting children online and addressing addictive social media feeds.
“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,” stated James and Hochul.
The SAFE for Kids Act, enacted in June, is New York's pioneering law designed to restrict addictive feeds and halt late-night notifications for minors. Three months after its enactment, Instagram has committed to ceasing late-night notifications for all minors nationwide and enhancing parental supervision tools.
“By taking strong and decisive action, New York has helped ensure that millions more kids across the nation will have greater protections,” they added.
James and Hochul emphasized that while Instagram’s announcement is a positive step, their efforts to safeguard children online continue. They highlighted the SAFE for Kids Act's role in combating addictive algorithms and the Child Data Protection Act's restrictions on collecting and selling minors' data. Both laws require compliance from social media platforms operating in New York.
The legislation, introduced by Senator Andrew Gounardes and Assemblymember Nily Rozic, authorizes OAG to draft rules enhancing children's online privacy protections. The SAFE for Kids Act mandates social media companies to limit addictive feeds and overnight notifications for users under 18 unless parental consent is provided. The Child Data Protection Act prohibits online sites from handling personal data of individuals under 18 without informed consent or necessity for website functionality. OAG is empowered to enforce these laws with potential civil penalties up to $5,000 per violation.
Attorney General James has been proactive nationally in addressing online safety concerns. She led a bipartisan coalition urging Congress to implement warning labels on social media platforms as recommended by the U.S. Surgeon General. In August 2024, she issued advanced notices of proposed rulemaking inviting public input on rules aimed at protecting children online. Earlier this year, she led efforts urging Meta to address account takeovers by scammers on Facebook and Instagram. In October 2023, she joined a federal lawsuit against Meta over its impact on youth mental health.
James has consistently advocated against launching an Instagram version for children under 13, joining other attorneys general in this effort since May 2021.