Regulators are clearly trying to stamp down social media usage, particularly among children. But does that apply to ‘social media’ consumption that happens on TV?
Or does YouTube have a hedge against the [coming set of] laws? And could TikTok and Instagram end up following their lead?
Those are just some of the questions I’ve had, as I’m still trying to unpack Meta’s settlement with a few dozen U.S. states – in particular the concessions that Meta agree to as long as its rivals do the same (in terms of time limits and overnight bans for younger consumers).
Let’s say that the companies mentioned – Snap, TikTok, Twitch, YouTube – all sign on. Would these new rules only apply to mobile devices?
If so, would this be a huge advantage for YouTube, which is increasingly becoming a TV-first app anyway?
I guess it depends upon what these lawsuits are fundamentally about. My non-lawyerly-read – they are primarily focused on addictive and harmful mobile apps (the settlement includes donations to teen mental health programs, for instance). Regulators (and parents, and child advocates) want to go after apps that cause kids to be unable to put down their phones, and especially apps that tap into or accelerate their anxiety.
These rulings seem less about the still-addictive, but arguably-less-harmful world of kids watching endless streams of creator content on their TVs. God knows, my parents would have loved to put technical limits on my watching endless blocks of “Brady Bunch” or “Bewitched” reruns after school.
“Smart TVs may present an interesting gap in the settlement’s scope,” said Charlie Germano, Counsel and Chief Technologist, BBB National Programs. “The agreement specifically refers to the web and app versions of Facebook and Instagram, along with other specified services and technologies, but it does not appear to expressly cover smart TV interfaces. Based on the language of the settlement, smart TVs therefore appear to fall outside its scope — at least unless the court or the independent third-party auditor determines otherwise.”
So maybe YouTube – if they agree to Meta’s settlement pressure- has nothing to worry about on TV. Execs at Google declined to comment. Would that also apply to TikTok and Instagram on TV?
For argument’s sake, let’s say that YouTube and others did have to include similar usage limits on their CTV apps. What’s stopping kids and teens from using their family accounts? After all, TV is a shared, often communal experience.
Or, why not just watch YouTube without logging in? That’s what my teens do, and the recommendation engine still surfaces the kinds of creators they like.
“As with all agreements, the devil is in the details,” said Amy Jordan, Distinguished Professor of Journalism and Media Studies at Rutgers University. In YouTube’s case, it may depend on whether the company’s app is seen as ‘social media,’ and whether that definition applies in TV.
“Since the Meta agreement is a form of self-regulation, they certainly do need others to follow suit,” said Jordan. “And they probably will, lest they be labelled the bad guy in this scenario.”
“Couldn’t teens just bypass this by just logging on through a different device? Probably, if they are very motivated. But the research we’ve done with teens shows that most don’t want to be endlessly scrolling. Put in one point of friction, and they are less likely to do so.” Again, it sort of depends on whether you consider watching YouTube on TV as ‘endlessly scrolling.”
Several industry execs, including Ari Paparo and Lightshed Media’s Rich Greenfield on a recent Marketecture podcast, have speculated that default time limits will lead to an inventory decline and some revenue hits. I’m not totally sure.
There is a misconception that because advertisers have a general preference for younger consumers that such a preference includes teens. In truth, very few brands outside of movies and candy and soda have dedicated teen media budgets – mostly because teens only have so much cash to spend. And you can reached them anyway through general market vehicles like sports, or so the thinking goes.
Getting back to Meta’s rivals – it’s true that YouTube may be a special beast. Could Instagram and TikTok find refuge on CTV? After all, each company is looking to extend their reach to the living room. Per Ad Age, Meta is working with creators to push Reels on TV. If Meta and TikTok could find teens on TV without limits, might they push even harder?
“That raises a potentially significant compliance question,” said Germano. “Could smart TVs become a way for Meta and other platforms to satisfy the settlement’s requirements while avoiding implementation of those features on smart TV interfaces? The answer appears to be yes, based on the settlement’s current language. That doesn’t necessarily mean smart TVs are intentionally being carved out, but it is a gap worth examining as the settlement is implemented.”
Interestingly, long-form content is a loophole. As Eric Goldman Associate Dean for Research and Professor, Santa Clara University School of Law, noted, while “a settlement involving YouTube might involve all logged-in video consumption, wherever it takes place…then Meta settlement’s time limits do not count [content over 22 minutes]. which might be relevant to any time limits on YouTube video watching.”
As Goldman noted, some platforms could couple age restrictions identity authentication and “then restrict consumption by identity.” Again, not-logging-in might have even more appeal.
Yeah but – as has been well chronicled, younger generations are phone-first in their media consumption, and that will be a tough dynamic to break. Watching Reels or TikTok on the big screen in the living room mostly likely won’t scratch that itch – or be as personalized.
Overall, given recent regulatory events, it’s hard not to wonder whether, well, if anything the government does even matters.
After all, isn’t this landscape likely to keep shifting?
“The broader issue is whether a settlement designed around today’s interfaces can effectively govern an ecosystem in which the way people access social media is constantly changing,” said Germano.” If the requirements are tied too narrowly to particular apps or devices, companies may be able to comply technically while leaving certain access points untouched. Smart TVs are a particularly interesting example of that potential disconnect.”
