Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H1986 Compare Versions

Only one version of the bill is available at this time.

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1	1	1 of 2
2	2	HOUSE DOCKET, NO. 3653 FILED ON: 1/20/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 1986
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Denise C. Garlick
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying
12	12	resolve:
13	13	Resolve relative to children’s mental health in social media.
14	14	_______________
15	15	PETITION OF:
16	16	NAME:DISTRICT/ADDRESS :DATE ADDED:Denise C. Garlick13th Norfolk1/20/2023Patricia A. Duffy5th Hampden2/7/2023David F. DeCoste5th Plymouth2/7/2023Steven S. Howitt4th Bristol2/7/2023Jason M. LewisFifth Middlesex2/7/2023Paul W. MarkBerkshire, Hampden, Franklin and
17	17	Hampshire
18	18	2/7/2023Christopher J. Worrell5th Suffolk2/7/2023Susannah M. Whipps2nd Franklin2/8/2023Marcus S. Vaughn9th Norfolk2/8/2023Liz MirandaSecond Suffolk2/9/2023Nick CollinsFirst Suffolk2/9/2023Hannah Kane11th Worcester2/9/2023Lindsay N. Sabadosa1st Hampshire2/10/2023Thomas M. Stanley9th Middlesex2/15/2023Brian W. Murray10th Worcester2/17/2023Kate Lipper-Garabedian32nd Middlesex2/23/2023 2 of 2
19	19	Rebecca L. RauschNorfolk, Worcester and Middlesex2/23/2023Ryan C. FattmanWorcester and Hampden3/1/2023James B. EldridgeMiddlesex and Worcester3/7/2023John F. KeenanNorfolk and Plymouth3/10/2023 1 of 5
20	20	HOUSE DOCKET, NO. 3653 FILED ON: 1/20/2023
21	21	HOUSE . . . . . . . . . . . . . . . No. 1986
22	22	By Representative Garlick of Needham, a petition (accompanied by resolve, House, No. 1986) of
23	23	Denise C. Garlick and others for an investigation by a special commission (including members
24	24	of the General Court) to promote safe social media use, identify best practices for social media
25	25	platforms to safeguard children’s mental health, and develop guidelines for safe social media
26	26	use. Mental Health, Substance Use and Recovery.
27	27	The Commonwealth of Massachusetts
28	28	_______________
29	29	In the One Hundred and Ninety-Third General Court
30	30	(2023-2024)
31	31	_______________
32	32	Resolve relative to children’s mental health in social media.
33	33	1 Resolved, that there shall be a special commission on children’s mental health and social
34	34	2media to investigate the risks of social media to children, recommend a legal framework for the
35	35	3commonwealth to promote safe social media use, identify best practices for social media
36	36	4platforms to safeguard children’s mental health, and develop guidelines for safe social media
37	37	5use.
38	38	6 The commission shall consist of the following persons, or their designees: the secretary
39	39	7of health and human services, who shall serve as chair; the commissioner of public health; the
40	40	8commissioner of elementary and secondary education; the attorney general; 2 members of the
41	41	9house of representatives, 1 of whom shall be appointed by the speaker of the house and 1 of
42	42	10whom shall be appointed by the house minority leader; 2 members of senate, 1 of whom shall be
43	43	11appointed by the senate president and 1 of whom shall be appointed by the senate minority
44	44	12leader; a representative of the Massachusetts chapter of the American Academy of Pediatrics; a
45	45	13representative of the Children’s Mental Health Campaign; a representative of the Massachusetts 2 of 5
46	46	14School Nurse Organization; a representative of the American Civil Liberties Union of
47	47	15Massachusetts, Inc.; a representative of the Harvard TH Chan School of Public Health; and 10
48	48	16persons to be appointed by the governor, 1 of whom shall be a representative of a nonprofit
49	49	17organization that advocates for the prevention of online harms including, cyberbullying, sexual
50	50	18exploitation and access to content that is harmful to children; 1 of whom shall be a representative
51	51	19of a research or academic institution with experience in artificial intelligence and information
52	52	20technology; 1 of whom shall be a representative of a behavioral health services program housed
53	53	21at a community hospital; 1 of whom shall have experience in addiction; 1 of whom shall be
54	54	22someone with clinical experience working with children; 1 of whom shall be an organization that
55	55	23deals with child-targeted marketing; 1 of whom shall be a parent of a child who has experienced
56	56	24cyberbulling and has engaged a school system regarding cyberbullying; 1 of whom shall be a
57	57	25youth who has experienced cyberbulling by their peers; 1 of whom shall have experience
58	58	26working for a social media platform; and 1 of whom shall have experience conducting
59	59	27independent audits of social media platforms and social media algorithms.
60	60	28 The commission shall:
61	61	29 (i) investigate, assess, advise and report on the risk of harm or actual harms children
62	62	30encounter on social media platforms, including but not limited to:
63	63	31 (1) the effect of social media on children’s mental health, including but not limited to the
64	64	32promotion or exacerbation of self-harm, suicide, eating disorders, addiction and substance use
65	65	33disorder; physical violence, online bullying and harassment; sexual exploitation, including
66	66	34enticement, sex trafficking, and sexual abuse of minors and trafficking of online child sexual
67	67	35abuse material; promotion and marketing of narcotic drugs, tobacco products, gambling, or 3 of 5
68	68	36alcohol to a child; or predatory, unfair, or deceptive marketing practices, or other financial
69	69	37harms; and
70	70	38 (2) the use and impact on children of online design features that increase, sustain, or
71	71	39extend use of covered platforms, such as the automatic playing of media, the use of infinite
72	72	40scrolling, rewards for time spent, paid ad placement and notifications;
73	73	41 (ii) study, review, advise and recommend a legal framework for the commonwealth to
74	74	42receive and review independent algorithm audits of social media platforms likely to be accessed
75	75	43by children, including but not limited to:
76	76	44 (1) the information that a state agency may require a social media platform submit in an
77	77	45independent algorithm audit, including but not limited to: (A) transparency audits; (B) system
78	78	46risk assessments; and (C) mitigation accounting and planning;
79	79	47 (2) criteria for vetting and approving professional auditors to conduct independent third-
80	80	48party algorithm audits of social media platforms;
81	81	49 (3) criteria for defining what social media platforms may be reasonably required to
82	82	50submit an independent algorithm audit;
83	83	51 (4) organizational and fiscal models that would ensure effective operations of a state
84	84	52agency tasked with receiving and reviewing independent algorithm audits; and
85	85	53 (5) definitions for key terms not already defined in the General Laws, including
86	86	54algorithm, social media platform, likely to be accessed;
87	87	55 (iii) identify best practices social media platforms may implement to promote the health
88	88	56and safety of children using social media platforms, including but not limited to: 4 of 5
89	89	57 (1) acceptable standards for the mitigation or elimination of harms children may
90	90	58encounter on social media platforms;
91	91	59 (2) methods to ensure privacy in age verification;
92	92	60 (3) data management best practices to mitigate the unauthorized access of a child’s
93	93	61personal information or data; and
94	94	62 (4) tools and features that social media platforms may provide to prevent children from
95	95	63harm while using the covered platform and that ensure the privacy of children, especially the
96	96	64privacy of children between the ages of 13 and 18;
97	97	65 (iv) Develop recommendations to encourage the safe social media use of children,
98	98	66including:
99	99	67 (1) recommendations for parents relative to the safe use of social media platforms among
100	100	68children;
101	101	69 (2) model guidelines for school districts on the use of social media by students during
102	102	70school hours and how to address issues that arise inside schools due to the use of social media
103	103	71outside of school hours; and
104	104	72 (3) public awareness campaigns the department of public health may conduct to promote
105	105	73the above recommendations.
106	106	74 The commission may solicit public input through public hearings and testimony.
107	107	75 Not later than December 31, 2024, the commission shall submit a detailed report with its
108	108	76findings and recommendations, along with drafts of legislation necessary to carry out its 5 of 5
109	109	77recommendations, to the governor, the joint committee on public health; the joint committee on
110	110	78mental health, substance use and recovery; the joint committee on children, families and persons
111	111	79with disabilities; and the house and senate committee on ways and means.