By: Megan Fistori
In September of 2021, the Wall Street Journal conducted its own in-depth research regarding the significant mental health issues that Instagram creates for teenagers. The Wall Street Journal published a series of articles based on internal research and communications leaked by a company whistleblower from Facebook. One article called out Facebook for knowing Instagram is harmful to teenage girls, while continuously downplaying its harm to the public. The Senate Commerce, Science, and Transportation Subcommittee on Consumer Protection, Product Safety, and Data Security held a hearing regarding harms to children online, including Facebook’s research into the impact of its apps on young audiences. This hearing covered Facebook’s research into the impact of its apps on young audiences; its actions to address threats to these users; and the policy considerations to safeguard kids online including the reintroduction of the Kids Internet Design and Safety Act (“KIDS Act”).
Today’s world is dependent on social media. Individuals around the world often rely on apps such as Facebook, Instagram, or Snapchat to build and keep connections with others. The excessive use of social media has sparked immense research into the effect it has on the mental health of young people. Children and teens face immense peer pressure and social expectations to broadcast their lives online. A significant portion of children and teens’ social and emotional development occurs through the use of cell phones and social media. New research shows that by the age of 12 more than two-thirds of kids have their own smartphone, and more than twice as many young people watch videos every day than in 2015. Additionally, more than 40% of Instagram’s users are younger than 22 years old and about 22 million teens log onto Instagram in the U.S. each day, compared with 5 million teens logging onto Facebook. While children and teens are spending the majority of their time online, new reports have highlighted the variety of threats to young people online, including the promotion of dangerous and inappropriate content readily available and their harmful effects on mental health.
The “Facebook Files” are part of an ongoing investigation by the Wall Street Journal which exposed the company’s major flaws including teen mental health issues, political discourse, and human trafficking. Among the scandals was the significant discovery that Facebook had conducted detailed research into how Instagram was affecting teenagers’ mental health. The documents exposed Facebook’s knowledge and minimal efforts to address the issues and explain how the company plays these issues down to the public. According to research reported by the Wall Street Journal’s “Facebook Files,” teens who struggle with mental health issues say Instagram makes them worse. Specifically, Facebook’s research showed the app harms teens’ mental health by creating pressure to conform to social stereotypes and showed how the app creates the need for validation through likes, comments, and followers.
The KIDS Act was originally introduced in March of 2020 by Senator Edward J. Markey, Senator Richard Blumenthal, and members of the Commerce, Science, and Transportation Committee. The KIDS Act is designed to fill the gap and create key safeguards that Congress has yet to implement despite the increase in social media use by young people. These safeguards are designed to protect young people’s well-being in the current digital age environment. The KIDS Act addresses the serious online harms that children are exposed to, including amplification of disturbing and inappropriate content, damaging design features, and manipulative marketing. The KIDS Act addresses these trends by creating new protections for online users under the age of sixteen. The protections from damaging design features include banning “auto-play” and “push-alerts” to minimize screen-time and unhealthy viewing sessions. The protections from the amplification of harmful content include prohibiting kids and young teen websites from amplifying violent, inappropriate, and dangerous content and requiring websites to implement mechanisms for users to report these instances. Lastly, the protections from manipulative marketing include prohibiting websites from exposing children and young teens to marketing with embedded interactive elements.
The “Facebook Files” investigation revealed disturbing insights regarding what Facebook knows about how Instagram affects young users, including their mental health. The investigation prompted lawmakers to revisit the need for online protections. On September 30, 2021 the Senate conducted a hearing to review Facebook’s research into the impact of its apps on young audiences, its actions to address threats to these users, policy considerations to safeguard kids online, and the re-introduction of the KIDS Act. The bill still does not have a Republican co-sponsor yet—highlighting the partisanship gap that still must be crossed.
Despite the alarming increase in children and teens’ use of social media platforms like Instagram, TikTok, and Snapchat, Congress has lacked strides to implement protections for this age demographic. Digital media and popular social media platforms are embedded in young people’s lives. Facebook, the “Big Tech Giant”, clearly understands the harmful and addictive nature of its products. What remains to be seen is if lawmakers can agree on a solution moving forward.
In order for change to occur, lawmakers need to step up and create opportunities for change by way of legislation. A major concern on the Hill is the reports on how Facebook has consistently prioritized profits over user health and safety while steering users toward high-engagement posts that are often known to be harmful. At the hearing held by the Senate Commerce subcommittee on consumer protection Sen. Ed Markey, D-Mass., said “Facebook is just like Big Tobacco, pushing a product that they know is harmful to the health of young people, pushing it to them early, all so Facebook can make money.”
The importance of and need for legislation like the KIDS Act is only heightened by the recent exposé on Facebook’s internal research. “Big Tech has designed their platforms to ensnare and exploit children for more likes, more views, and more purchases,” said Senator Blumenthal. “Generations of kids are growing up in online spaces besieged by the crass commercialization of social media influencers, tobacco companies, fast food, and alcohol brands. The KIDS Act puts guardrails in place to reign in the recklessness of marketers and Big Tech – protecting children and giving parents some peace of mind.” After all, shouldn’t all lawmakers want to protect children from the harms of the internet?
The New York Times characterized the “Facebook Files” as a series of motivating change, but they also acknowledge that it will take more than exposing and reporting to ensure that reform happens in effective ways. For adequate change to happen as a result of the “Facebook Files” we need the help of the lawmakers. If legislation like the KIDS Act is implemented there is potential for real and effective change in the digital age environment.
Student Bio: Megan Fistori is a second-year law student at Suffolk University Law School. She is a staffer on the Journal of High Technology Law. Megan received a Bachelor of Arts Degree in Political Science and Justice Studies from the University of New Hampshire.
Disclaimer: The views expressed in this blog are the views of the author alone and do not represent the views of JHTL or Suffolk University Law School.
