Am J Law Med. 2026 Jul;52(2):262-287. doi: 10.1017/amj.2026.10103. Epub 2026 Sep 7.
ABSTRACT
In the span of just two decades, social media has transformed from a novel communication platform into an omnipresent force in modern life, fundamentally altering how we connect, communicate, and consume information. For adolescents born into this digital landscape, social media is not merely a tool but an integral component of identity formation, social development, and daily existence. Most teens ages thirteen to seventeen use social media daily, and over forty percent of Instagram’s user base is under the age of twenty-two. Yet as platforms have evolved to capture and maintain user attention with increasing sophistication, alarming patterns have emerged that mirror addictive behaviors typically associated with substances and gambling. Medical research reveals that social media use can cause neurological changes with striking similarities to those seen in substance use disorder and behavioral addictions. Some levels of social media use would be more accurately described as social media addiction, and social media use is associated with depression, anxiety, attention and sleep problems, body image issues, and low self-esteem. The neurological, psychological, and social implications of social media use pose particular concerns for adolescent (young adult) users, who are especially vulnerable to the pernicious effects of social media. The tech industry has capitalized on this by subjecting young users to addictive features designed to capture and retain their focus. By way of data collection and personalized advertising, they have turned user attention into billions of dollars of revenue. The young age at which users begin using social media, sometimes in ways that are problematic or addictive, makes clear that this is not simply a way of life in the digital age – it is a public health crisis that demands legal attention. In recent years, this legal attention has been mounting. Countries around the world, states across the United States, and numerous individuals and elected officials are taking action to address the harms of social media to minors. Social media bans have been passed and implemented, with Australia’s social media ban for those under sixteen years old becoming effective in December 2025. Multiple states in the United States have passed legislation to prohibit addictive design features for minors online, and a coalition of state attorneys general have brought lawsuits against Meta for negligent design and harm to children. Some of these children have grown up on social media, using platforms like YouTube as early as six years old, and have secured multi-million-dollar jury awards in negligence suits. The increasing recognition of the negative effects of social media use on children and adolescents and the growing political will for regulation have started to change the online landscape, though federal legislation in the United States remains elusive. Still, states and individuals have demonstrated that they can apply serious pressure to some of the largest companies in the world through legislation and litigation, providing multiple potential avenues to holding social media companies accountable in an age where social media is ubiquitous, especially for younger generations. The complexity of regulating social media companies poses substantial hurdles and inevitable litigation, but a path forward is both feasible and exigent. This Note examines the intersection of social media prevalence and negative mental health outcomes, the psychology behind addiction and addictive design, and legal and technical frameworks to address a critical question: How can the law, through legislative, judicial, or regulatory means, protect adolescent users from the harmful effects of social media addiction? First, this Note will define the problem of social media addiction, the associated mental health risks, the prevalence of social media use among adolescents, and the business model of large social media platforms. Second, I will examine the neurological pathways of addiction and the ways that social media platforms exploit these pathways through addictive design and dark patterns. Third, I will analyze the current legal frameworks that constrain and enable possible regulatory approaches and discuss novel legal solutions. Finally, I will summarize proposed company-led and third-party technical solutions to limit the addictive qualities of social media for adolescent users. This Note will argue that the harms of social media to adolescent users should be addressed by directly regulating the addictive design choices of social media platforms. Given potential challenges under the First Amendment and Section 230 of the Communications Decency Act, legislation aimed at preventing harm and addiction should focus on limiting or prohibiting these features, including algorithmic recommendations, notifications, infinite scroll, and autoplay, rather than regulating the content hosted on these platforms. Until such legislation is effective, redress for past and ongoing harm is best achieved through negligence suits against social media companies that are knowingly implementing addictive features, marketing their platforms to children, and misleading the public about the safety of their platforms. A multi-pronged approach through the courts and the legislature presents the best opportunity to hold social media companies accountable for harming children and preventing future generations from facing negative mental health outcomes and addiction.
PMID:42704232 | DOI:10.1017/amj.2026.10103
