Combating Manipulation on Social Media Platforms

Bipartisan Legislation Targets Social Media “Dark Patterns” with Support from Psychological Association

APA Services has officially endorsed a package of bipartisan legislation aimed at protecting social media users, particularly children, from manipulative design techniques known as “dark patterns.” The bills seek to curtail practices that platforms use to encourage compulsive usage and excessive sharing of personal information.

The centerpiece legislation, known as the Deceptive Experiences To Online Users Reduction Act (DETOUR Act), has gained traction in both chambers of Congress. In the Senate, it’s being championed by a bipartisan coalition including Senators Mark Warner (D-VA), Deb Fischer (R-NE), Amy Klobuchar (D-MN), and John Thune (R-SD). Representatives Blunt Rochester (D-DE) and Anthony Gonzalez (R-OH) have introduced companion legislation in the House.

For several months, APA Services has worked closely with the Senate Commerce Committee, providing expert guidance on the psychological science behind trauma caused by deceptive social media practices.

“The American Psychological Association supports the efforts of legislators to reduce harmful practices and deceptive tactics by social media companies,” said APA Chief Science Officer Mitch Prinstein, Ph.D. “These practices can be especially harmful to children, but adults are also susceptible. Through my research and that of my colleagues in psychological science, we increasingly understand how these companies can mislead individuals.”

The DETOUR Act specifically targets “large online platforms” with 100 million or more monthly active users. If passed, the legislation would establish a professional standards body registered with the Federal Trade Commission to develop and enforce guidelines around best practices for user interface design.

One significant provision would prevent companies from conducting behavioral experiments on users without informed consent. This would restrict the common practice of A/B testing, where platforms deploy new features to small user segments to compare engagement metrics before wider rollouts.

The timing of this legislation comes amid growing concerns about social media’s impact on mental health, particularly among young users. Major platforms like Facebook, Instagram, TikTok, and YouTube would all fall under the legislation’s purview based on their user numbers.

Tech policy experts note that dark patterns have become increasingly sophisticated, using psychological principles to keep users engaged longer and sharing more personal information than they might otherwise intend. Common examples include confusing toggle settings, deliberately complicated privacy menus, and interface designs that make opting out of data collection more difficult than opting in.

Consumer advocacy groups have welcomed the legislation, arguing that social media companies have prioritized engagement metrics over user wellbeing. They point to internal documents from various tech companies that suggest these firms are well aware of potential harms but have continued pursuing design practices that maximize usage time and data collection.

The tech industry has pushed back on some aspects of the proposed regulations, arguing that A/B testing is a standard practice across many industries for improving products and that overly strict regulations could hamper innovation.

The legislation represents part of a broader regulatory effort to address concerns about social media’s societal impact. Last month, APA Services endorsed two additional bills also aimed at reducing potential harms to children from social media platforms, signaling a comprehensive approach to addressing digital wellbeing.

With rare bipartisan support in an otherwise polarized Congress, observers note that the DETOUR Act has a realistic path forward, though the timeline for potential passage remains unclear. The involvement of the APA adds scientific credibility to concerns that have been raised by parents, educators, and mental health professionals for years.

As regulatory scrutiny of tech platforms continues to intensify, this legislation could represent a significant shift in how social media companies are permitted to design their user experiences, particularly for vulnerable populations.