The Social Media Quandary: Lawsuits, Regulations, and the Battle for Children's Well-being

The Social Media Quandary: Lawsuits, Regulations, and the Battle for Children's Well-being

by Dalma Dorko

The rise of social media platforms has brought about significant changes in the lives of children and adolescents. While these platforms offer various benefits, concerns have emerged regarding their impact on children's mental health and attitudes towards school. Social media often portrays an idealized version of life, leading children to compare themselves to others and feel inadequate. This constant comparison can negatively affect their self-esteem and contribute to feelings of anxiety and depression. Social media platforms can be breeding grounds for cyberbullying, where children face harassment, exclusion, or the spread of hurtful rumours. This persistent online harassment can have detrimental effects on their mental health and overall well-being. Excessive use of social media can interfere with children's sleep patterns, as they may be tempted to stay up late engaging with platforms. Inadequate sleep can impact their mood, concentration, and academic performance. As social media platforms offer an endless stream of content, they can distract children from focusing on their studies. Constant notifications, instant messaging, and the allure of entertaining content can disrupt their attention span and hinder their ability to concentrate on school-related tasks. The addictive nature of social media can lead children to procrastinate on their schoolwork, prioritizing social media interactions over their academic responsibilities. This habit can negatively impact their grades and overall academic achievement. While social media platforms provide vast amounts of information, not all of it is accurate or reliable. Children may struggle to differentiate between credible sources and misinformation, affecting their ability to critically evaluate information and learn effectively. [1] [2] [3]

Schools thus should play a crucial role in equipping students with digital literacy skills, teaching them to navigate social media responsibly, identify potential risks, and critically analyse the content they encounter. Parents should also engage in open conversations with their children about social media, setting clear boundaries and fostering healthy usage habits. Monitoring and guidance can help mitigate the negative impact of social media on children's mental health and academic performance. Schools can focus on promoting resilience and self-esteem in students, teaching them strategies to cope with negative online experiences and fostering a positive school environment that encourages open communication and support.

Recent lawsuits filed by various school districts in the United States against social media platforms echo the downsides of social media use by students and highlight the pressure (e.g., increased need for mental health services – inadequate funding) schools experience due to social media use induced behavioural problems. These lawsuits have sparked controversy and debate over the regulation of student social media use and the means employed by these lawsuits. While the school districts seek financial compensation and changes in platform operations, the inherent flaws in these lawsuits and the proposed regulatory measures raise concerns about their effectiveness and potential consequences. [4] [5]

Lawmakers all around the world have been proposing regulations to protect minors from the perceived negative influences of social media. These proposals include age verification, age-appropriate design, restrictions on access and content, and addressing potential psychological effects. However, each proposal has significant downsides and raises concerns about overbreadth, workability, and discretion in content censorship. Complete prohibition of social media use by minors would hinder wholesome communication, such as staying in touch with relatives and coordinating school activities. Age verification requirements can lead to the collection of sensitive personal information, while measures to restrict sensitive content may prevent those who need it most from accessing helpful resources. Moreover, these measures would curtail the speech of both adults and minors. Despite this, US lawmakers are seriously considering the ban of TikTok, although not just for children's health reasons, and the ban would apply to all generations. Children's safety, mental health, and addiction were among the factors considered for the ban by lawmakers. [6]

The lawsuits filed by school districts against social media platforms portray the platforms as villains intentionally causing harm. However, these lawsuits face challenges in demonstrating that platform operators violated existing laws, particularly in light of US regulations generally protecting platforms from liability for user-created content. According to some, these lawsuits are often pitched to school districts by lawyers and consulting experts on a contingency fee basis. Thus, the motivations behind these campaigns might appear to be based on lawyers' interests rather than genuine concerns of school districts. [5]

These lawsuits will be interesting to follow, and to see if their results inspire other schools around the world.

 

 

[1] Murthy, Vivek. “Social Media and Youth Mental Health: The U.S. Surgeon General’s Advisory.” U.S. Department of Health and Human Services, May 23, 2023. https://www.hhs.gov/sites/default/files/sg-youth-mental-health-social-media-advisory.pdf.

[2] Giunchiglia, Fausto, Mattia Zeni, Elisa Gobbi, Enrico Bignotti, and Ivano Bison. “Mobile Social Media Usage and Academic Performance.” Computers in Human Behavior 82 (2018): 177–85. https://doi.org/10.1016/j.chb.2017.12.041.

[3] Howard, Philip   N., Lisa-Maria Neudert, Nayana  Prakash, and Steven Vosloo. “Rapid Analysis - Digital Misinformation / Disinformation and Children.” UNICEF Office of Global Insight and Policy, July 2021. https://www.unicef.org/globalinsight/media/2096/file/UNICEF-Global-Insight-Digital-Mis-Disinformation-and-Children-2021.pdf.

[4] School District No. 24J, Marion County, Oregon, Plaintiff, V. Meta Platforms, Inc., Facebook Holdings, LLC, Facebook Operations, LLC, Meta Payments Inc., Meta Platforms Technologies, LLC, Instagram, LLC, Siculus, Inc., Snap Inc., TikTok Inc., Bytedance Inc., Alphabet Inc., Google LLC, XXVI Holdings Inc., And YouTube, LLC, Defendants. Accessed May 25, 2023. https://www.the74million.org/wp-content/uploads/2023/03/Salem_Keizer_Complaint.pdf.

[5] Olson, Walter. “Courts Should Reject School Districts’ Suits to Childproof the Internet.” Cato Institute (commentary), May 9, 2023. https://www.cato.org/commentary/courts-should-reject-school-districts-suits-childproof-internet#

[6] Huddleston, Jennifer. “Would New Legislation Actually Make Kids Safer Online? Analyzing the Consequences of Recent Youth Online Safety Proposals.” Cato Briefing Paper Number 150, April 6, 2023. https://www.cato.org/briefing-paper/would-new-legislation-actually-make-kids-safer-online-analyzing-consequences-recent