Overview

Title

To require the Federal Trade Commission, with the concurrence of the Secretary of Health and Human Services acting through the Surgeon General, to implement a mental health warning label on social media platforms, and for other purposes.

ELI5 AI

S. 5150 wants social media apps to show a warning reminding people to take care of their mental health whenever they open the app, helping them remember to check in on their feelings.

Summary AI

S. 5150, also known as the “Stop the Scroll Act,” is a proposed law that aims to require social media platforms to display a mental health warning label every time a user accesses them from the United States. The Federal Trade Commission, along with the Surgeon General, will create the regulations for these warning labels, which must inform users of potential negative mental health impacts and provide resources such as the 988 Suicide and Crisis Lifeline. Social media platforms are prohibited from hiding this warning in their terms and conditions, cluttering it with unrelated information, or allowing users to disable it. The bill also outlines enforcement procedures by the Federal Trade Commission and state governments to ensure compliance.

Published

2024-09-24
Congress: 118
Session: 2
Chamber: SENATE
Status: Introduced in Senate
Date: 2024-09-24
Package ID: BILLS-118s5150is

Bill Statistics

Size

Sections:
6
Words:
2,228
Pages:
12
Sentences:
57

Language

Nouns: 636
Verbs: 166
Adjectives: 129
Adverbs: 18
Numbers: 78
Entities: 98

Complexity

Average Token Length:
4.23
Average Sentence Length:
39.09
Token Entropy:
5.13
Readability (ARI):
21.58

AnalysisAI

The proposed bill titled the "Stop the Scroll Act" aims to address concerns about mental health risks associated with the use of social media platforms. It mandates the Federal Trade Commission (FTC), in collaboration with the Secretary of Health and Human Services through the Surgeon General, to enforce the implementation of mental health warning labels on these platforms. The bill outlines enforcement methods and provides definitions for terms used in the legislation.

General Summary

The "Stop the Scroll Act" seeks to protect users from potential mental health risks tied to social media, such as exposure to bullying, harassment, and exploitation. It requires social media platforms to prominently display warning labels about these risks each time a user accesses their platform. These labels must also provide links or contact information for mental health resources, such as the 988 Suicide and Crisis Lifeline. The bill outlines how these measures will be enforced and allows both the FTC and state attorneys general to take legal action against non-compliant platforms.

Significant Issues

One significant issue the bill faces is its broad application to all social media platforms, which may lead to undue burdens, especially for smaller platforms. This one-size-fits-all approach might impose compliance costs without evidence suggesting smaller platforms contribute to the issues the bill seeks to address.

Moreover, the bill's enforcement mechanisms could lead to conflicts between federal and state authorities. The FTC's power to intervene in state-led civil actions could complicate coordination efforts and lead to jurisdictional disputes.

The timeframe allocated for implementing the warning label regulations, just 180 days, might be insufficient, potentially rushing the process and affecting the quality of the implementation. Additionally, the bill lacks detailed criteria for defining "potential negative mental health impacts," which could result in inconsistent application across platforms.

Impact on the Public

The general public could see both benefits and drawbacks from this legislation. On the positive side, the bill's focus on mental health awareness could lead to increased user awareness of the risks associated with social media, potentially leading to more informed and cautious usage.

However, the broad application of the bill might lead to a proliferation of warnings that users might begin to ignore, thereby diminishing the effectiveness of genuine health advisories. There's also the risk that smaller or niche social media platforms could face financial hardships adjusting to these regulations, potentially reducing competition or innovation in the digital space.

Impact on Specific Stakeholders

Social Media Companies: Large platforms like Facebook and Twitter may have the resources to comply with these new regulations, whereas smaller platforms might struggle with the associated costs and logistical challenges.

Consumers: Users could become better informed about the risks of social media use, but the constant prompting to acknowledge warnings might become a nuisance, reducing user engagement.

Mental Health Advocates: For mental health advocates, this bill represents a positive step toward increasing awareness of the digital age's impact on mental health, especially among younger users who are most susceptible to social media's effects.

State Authorities: The bill empowers state attorneys general to act against violations, potentially increasing state-level regulation of social media. However, they might face challenges from the FTC's overarching jurisdiction, which could complicate state-level enforcement actions.

While the "Stop the Scroll Act" is well-intentioned in addressing mental health concerns, its broad mandates and potential enforcement complications indicate that further refinement may be necessary to achieve a practical and balanced approach.

Issues

  • The requirement for a mental health warning label on all social media platforms (Section 4) may be overly broad, potentially imposing burdensome compliance costs on smaller or less impactful platforms without clear evidence of their contribution to negative mental health outcomes.

  • The enforcement mechanisms (Section 5) may create jurisdictional conflicts between federal and state authorities, particularly as it allows the Federal Trade Commission (FTC) to intervene in state-level civil actions, potentially leading to coordination challenges.

  • The bill does not specify how the findings in Section 2 will translate into clear, actionable steps for implementing the warning labels, resulting in potential ambiguity and inconsistency in execution.

  • The implementation timeline of 180 days for developing and promulgating the regulations for the covered label (Section 4) may be insufficient, considering the requirement for the FTC and the Secretary of Health and Human Services to concur, which could rush the process, affecting the quality and effectiveness of the regulations.

  • The absence of clear criteria in Section 4 to define 'potential negative mental health impacts' can lead to varying interpretations and enforcement of the warning labels across platforms.

  • There is no detailed guidance on standardizing the content of the mental health warning labels (Section 4), potentially leading to inconsistencies in how different platforms present these warnings to users.

  • The definition of the 'compelling interest' of the government in regulating social media platform usage (Section 2) is broad and could be subject to legal interpretation challenges, affecting the scope and nature of enforcement actions.

  • The bill's provision for extraterritorial jurisdiction (Section 5) could impact international relations and raises questions about its practical enforceability outside the United States.

  • Section 5's language is complex regarding the jurisdictions and powers involved, possibly making it challenging for laypersons to comprehend the enforcement process and implications fully.

Sections

Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.

1. Short title Read Opens in new tab

Summary AI

The first section of the bill states its short title, which is the “Stop the Scroll Act.”

2. Findings Read Opens in new tab

Summary AI

Congress observes that social media platforms pose health risks, such as mental and physical harm from activities like bullying and exploitation. They suggest that warning labels could help users understand these risks, and highlight the need for informed decisions about social media use, especially considering addictive features that lead to negative health effects.

3. Definitions Read Opens in new tab

Summary AI

The section provides definitions for terms used in the bill, including: the "Commission," which refers to the Federal Trade Commission; the "Secretary," which refers to the Secretary of Health and Human Services; the "social media platform," which gets its meaning from another law; and "user," which describes a person who uses a social media platform.

4. Warning label Read Opens in new tab

Summary AI

The section mandates that social media platforms display a mental health warning label to users in the United States, warning about potential negative mental health impacts and providing resources like the 988 Crisis Lifeline. The label must be visible each time the platform is accessed and can only be removed when the user exits or acknowledges the risks.

5. Enforcement Read Opens in new tab

Summary AI

The section describes how the enforcement of a law related to social media platforms will be handled. The Federal Trade Commission (FTC) will have the authority to treat violations as unfair practices and enforce penalties, while state attorneys general can take civil actions if their residents are harmed. The law also allows actions to be taken against nonprofits and carriers, and grants extraterritorial jurisdiction if the violation involves someone or occurs in the U.S.

6. Effective date Read Opens in new tab

Summary AI

The effective date of this Act is set to be one year after the Act is officially enacted.