Regulation can protect children on the web

As a parent, I have seen firsthand the major role the internet plays in our children’s lives. Whether it be for education, entertainment or play, our children and teens are more connected to digital products and services than ever before.

Yet the online world has never been put to the product-safety test. New parents purchase car seats, cribs, bottles and toys with an eye toward safety and the understanding these products are subject to rigorous safety standards. When the time comes for their children to engage with connected toys and devices, shouldn’t parents be afforded the same peace of mind that comes from other product safety standards?

That is why I’m introducing the New Mexico Age Appropriate Design Code, Senate Bill 319, legislation that would require tech companies and platforms to create features that prioritize the safety, privacy and well-being of children — instead of company profits. The New Mexico AADC would require high privacy settings by default, while also limiting data collection about kids and prohibiting the use of manipulative design, or dark patterns.

For too long, the tech industry’s lack of safeguards has put children at risk — a stark reality that has only become more apparent as the youth mental health crisis in this country has grown.

For example, the Pew Research Center reports 59% of U.S. teens have been bullied or harassed online, while the Centers for Disease Control and Prevention reports the suicide rate for girls ages 10 to 14 has tripled since 1999, with 12.5% of African American girls and 10.5% of Latina girls in high school having attempted suicide at least once in the past year.

In New Mexico, according to the Kaiser Family Foundation, 1 in 5 (18.6%) adolescents reported having a major depressive episode in the past year.

It doesn’t have to be this way. In September 2021, the United Kingdom’s AADC took effect, and as a result, a wide range of online services have made hundreds of changes to their privacy settings for users under 18 living in the United Kingdom — pivoting toward design models that are required to think about youth well-being in addition to profit.

For example, Google has designated SafeSearch the default browsing mode for all users under 18, YouTube turned off autoplay for users under 18, and TikTok and Instagram disabled direct messages between children and adults they do not follow. Regulation works.

California followed the United Kingdom’s example and passed the AADC last year. New Mexico children should not continue to be harmed and put at risk when a proven solution is in front of us.

As a parent, I feel helpless in battling the technology challenges before my family. As a lawmaker, I feel an obligation and see a clear path to resolution: a framework that prioritizes product safety while incentivizing innovation.

By requiring these companies to take some very basic steps that many are already taking in the U.K., we can protect the health and well-being of New Mexico’s young people. The AADC gives us the opportunity to usher in a new era of innovative product design that considers, rather than monetizes, the next generation. It’s time for New Mexico to lead the way.

Sen. George Muñoz represents District 4, serving McKinley, Cibola and San Juan counties. He is chairman of the Senate Finance Committee.