Senate Bills (SB) 757-760, dubbed a “Kids Over Clicks” initiative, passed Wednesday, April 29, and would implement a variety of new requirements for online platform providers. Those include the ban of sending notifications to minors between 10 p.m. and 6 a.m. and during the school day, limiting the collection of personal data, and prohibiting minors’ use or the making of a specific kind of advanced chatbot.
The measures come amid a broader scrutiny on social media giants like Facebook owner Meta, TikTok’s ByteDance, Snapchat and Google, as local school districts join federal lawsuits over allegations that complex algorithms take advantage of students’ attention, causing psychological stress and self-destructive behavioral patterns.
“Big Tech’s exploitative and addictive algorithms have created a public health crisis affecting the mental and emotional well-being of an entire generation of our kids. And right now, parents are being asked to fight that battle without the tools they need,” state Sen. Kevin Hertel, D-St. Clair Shores, said in a statement.
“All the while, massive tech companies continue to grow their profit at our children’s expense. With our Kids Over Clicks package, we have the opportunity to change that and put parents back in the driver’s seat where they have the power to protect their kids online just as they do in the real world.”
SB 757 includes the notification ban and also requires rules on use of age or parental consent verification, while SB 758 address personal data protections, as well as the limitation of targeted advertising, profiling or promotion of harmful products to minors.
Chatbot rules are addressed in SB 760, limiting their capability to seem like a personal confidant, encourage harmful activity or prioritize engagement over users’ safety.
SB 759 codifies violations of the proposed legislation under the Michigan Consumer Protection Act. Depending on the violation, penalties would include fines of $25,000 and $50,000 or other relief and fees.
“Time and time again, Big Tech platforms have shown that they will always prioritize their bottom line over the safety of our children,” state Sen. Darrin Camilleri, D-Trenton, said in a statement. “… With this legislation, we’re standing up to massive tech companies and forcing them to put an end to the exploitative, dangerous, addictive feeds they use to keep our kids endlessly scrolling while they make a profit.”
In addition to Camilleri and Hertel, sponsors included fellow Democrats Stephanie Chang and Dayna Polehanki.
Although the Kids Over Clicks push came through a Democrat-majority Senate, other initiatives related to the impact of technology on youths has received a lot of recent bi-partisan support, particularly in the requirement adopted this year that schools limit cellphone access.
Two Senate Republicans joined Democrats in passing the Kids Over Clicks measures. Other GOP legislators said the bills didn’t do enough, as Senate Minority Leader Aric Nesbitt, R-Porter Township, unsuccessfully attempted to tack on a social media ban for all kids under 16.
Earlier this year, members of the state’s business community also raised concerns that the bills increased regulatory burdens, discouraged innovation and made the state a less attractive place economically, according to a notice from the Michigan Chamber of Commerce.
The package would still require the OK from Michigan’s House before it could be sent to Gov. Gretchen Whitmer for final stamp of approval.
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