The Social Media NUDGE Act and Content Moderation

On Wednesday, a new bipartisan bill was introduced in Congress that would let the Federal Trade Commission (FTC) regulate how social media companies, like Meta, address the amplification of harmful content and social media addiction. And it takes a different approach to existing efforts that aim to stop the spread of harmful content. The Nudging Users to Drive Good Experiences on Social Media (Social Media NUDGE) Act, authored by Sens. Amy Klobuchar and Cynthia Lummis, would work with federal agencies such as the National Science Foundation (NSA) and private institutions like the National Academy of Sciences, Engineering, and Medicine (NASEM). Together, they would examine and recommend features for "content-neutral" interventions to curb negative experiences on social media. It's currently unclear how this will look in action. Based on the research and recommendations received, the FTC would then push recommendations to mandate social media platforms like Twitter and Instagram to implement them. “For too long, tech companies have said ‘Trust us, we’ve got this.’ But we know that social media platforms have repeatedly put profits over people, with algorithms pushing dangerous content that hooks users and spreads misinformation,” said Klobuchar in a statement. “It’s past time to pass meaningful reforms that address social media’s harms to our communities head-on.” Only 2% of Sites Meet Accessibility Standards. Let’s Change That. For some time, platforms have built up their own content moderation guidelines, with varying degrees of success and with varying degrees of interest from advertisers, who are concerned with harmful content appearing on platforms, but not always at the expense of prolonging a boycott. Given explosive revelations from Meta whistleblower Frances Haugen, regulators believe the platforms are not going far enough to protect people online. This bill is different in its approach to content moderation since it doesn't focus on blocking categories of harmful content, but instead, on how that content spreads. On a small scale, platforms have been testing out ways to stop this spread. Twitter has urged people to consider before posting inflammatory tweets while Facebook and Instagram have given people the control to limit comments in cases when conversations get nefarious. In case of violations or unfair practices, the bill authorizes the FTC to hold tech platforms accountable and handle enforcement. It's unclear what exactly do these penalties entail. Further, these platforms will be required to share information about their compliance with these rules and the impact of recommended interventions. Klobuchar, a senior member of the Senate Commerce Committee and Chairwoman of the Senate Judiciary Subcommittee on Competition Policy, Antitrust, and Consumer Rights, has often challenged big tech platforms to protect users and competition. Previously, she highlighted the urgent need for reforms on platforms like Instagram that "profits off kids’ and teenagers’ data.” Klobuchar has also called for increased transparency into algorithms on social media and updated antitrust laws to curb big techs from often treating small businesses unfairly. With the NUDGE Act, Klobuchar aims to implement changes that increase transparency and improve user experience on social media.

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The Social Media NUDGE Act Takes a Different Tack With Content Moderation

The bill is authored by Sens. Amy Klobuchar and Cynthia Lummis

Trishla Ostwal

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Trishla Ostwal