STATE OF NEW YORK ________________________________________________________________________ 6974 2025-2026 Regular Sessions IN ASSEMBLY March 18, 2025 ___________ Introduced by M. of A. BORES -- read once and referred to the Committee on Consumer Affairs and Protection AN ACT to amend the general business law, in relation to enacting the Stop Addictive Feeds Exploitation (SAFE) for all act The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. This act shall be known and may be cited as the "stop 2 addictive feeds exploitation (safe) for all act". 3 § 2. The general business law is amended by adding a new article 45-A 4 to read as follows: 5 Article 45-A 6 SAFE for All Act 7 Section 1509. Definitions. 8 1510. Required settings. 9 1511. Prohibition of dark patterns. 10 1512. Applicability of SAFE for kids act. 11 1513. Scope. 12 1514. Rulemaking authority. 13 1515. Remedies. 14 § 1509. Definitions. For the purposes of this article, the following 15 terms shall have the following meanings: 16 1. "Addictive feed" shall mean a regularly updated stream of algorith- 17 mic recommendations that a user encounters on a website, online service, 18 online application, mobile application, or portion thereof. 19 2. "Addictive social media platform" shall mean a website, online 20 service, online application, or mobile application, that offers or 21 provides users with addictive feeds as a significant part of the 22 provision of such website, online service, online application, or mobile 23 application. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09051-01-5
A. 6974 2 1 3. "Algorithmic recommendation" shall mean when a website, online 2 service, online application, or mobile application, or a portion there- 3 of, containing multiple pieces of media generated or shared by users, 4 recommends, selects, or prioritizes certain media for display to a user, 5 either concurrently or sequentially, based in whole or in part on infor- 6 mation associated with such user or such user's device, but shall not 7 include the following: 8 (a) recommendations, prioritizations, or selections based on informa- 9 tion that is not persistently associated with the user or user's device, 10 and does not concern the user's previous interactions with media gener- 11 ated or shared by other users; 12 (b) recommendations, prioritizations, or selections based on user-se- 13 lected privacy or accessibility settings, or technical information 14 concerning the user's device; 15 (c) where the user expressly and unambiguously requested the specific 16 media, media by the author, creator, or poster of media the user has 17 subscribed to, or media shared by users to a page or group the user has 18 subscribed to, provided that the media is not recommended, selected, or 19 prioritized for display based, in whole or in part, on other information 20 associated with the user or the user's device that is not otherwise 21 permissible under this subdivision; 22 (d) where the user expressly and unambiguously requested that specific 23 media, media by a specified author, creator, or poster of media the user 24 has subscribed to, or media shared by users to a page or group the user 25 has subscribed to pursuant to paragraph (c) of this subdivision, be 26 blocked, prioritized, or deprioritized for display, provided that the 27 media is not recommended, selected, or prioritized for display based, in 28 whole or in part, on other information associated with the user or the 29 user's device that is not otherwise permissible under this subdivision; 30 (e) where the media are direct and private communications; 31 (f) where the media are recommended, selected, or prioritized only in 32 response to a specific search inquiry by the user; 33 (g) where the media recommended, selected, or prioritized for display 34 is exclusively next in a pre-existing sequence from the same author, 35 creator, poster, or source; or 36 (h) where the recommendation, prioritization, or selection is neces- 37 sary to comply with the provisions of this article and any regulations 38 promulgated pursuant to this article. 39 4. "Autoplay" shall mean when a website, online service, online appli- 40 cation, or mobile application plays one or more pieces of embedded media 41 automatically, without the user explicitly selecting a play icon, on 42 such service or application or a portion thereof. 43 5. "Covered minor" shall have the meaning set forth in subdivision 44 three of section fifteen hundred of this chapter. 45 6. "Media" shall mean text, an image, or a video. 46 7. "Operator" shall mean any person, business, or other legal entity, 47 who operates or provides an addictive social media platform. 48 8. "User" shall mean a user of a website, online service, online 49 application, or mobile application in New York, not acting as an opera- 50 tor, or agent or affiliate of the operator, of such website, online 51 service, online application, or mobile application, or any portion ther- 52 eof. 53 § 1510. Required settings. It shall be unlawful for an operator to 54 provide an addictive social media platform to a user in this state 55 unless such platform offers mechanisms through which a user may: 56 1. Turn off algorithmic recommendations;
A. 6974 3 1 2. Turn off notifications concerning an addictive feed, provided 2 further that such mechanism shall, at a minimum, provide the user with 3 the ability to turn off notifications overall or to turn off notifica- 4 tions between the hours of 12 AM Eastern and 6 AM Eastern; 5 3. Turn off autoplay on such platform; and 6 4. Limit such user's access to such platform to any length of day 7 specified by such user, provided further that any mechanism which solely 8 reminds such user of time spent on a platform rather than allowing such 9 user to limit such user's access shall not be in compliance with this 10 subdivision. 11 § 1511. Prohibition of dark patterns. 1. The settings required in 12 section fifteen hundred ten of this article shall be presented in a 13 clear and accessible manner on an addictive social media platform. It 14 shall be unlawful for such platform to deploy any mechanism or design 15 which intentionally inhibits the purpose of this article, subverts user 16 choice or autonomy, or makes it more difficult for a user to exercise 17 their rights under any of the prescribed settings in section fifteen 18 hundred ten of this article. 19 2. It shall be unlawful for an addictive social media platform to 20 deploy any mechanism or design which intentionally serves to make it 21 more difficult for a user to deactivate, reactivate, suspend, or cancel 22 such user's account or profile. 23 § 1512. Applicability of the SAFE for kids act. Nothing in this arti- 24 cle shall be construed or interpreted to override, supplant, or conflict 25 with any of the provisions of the SAFE for kids act contained in article 26 forty-five of this chapter. 27 § 1513. Scope. 1. This article shall apply to conduct that occurs in 28 whole or in part in New York. For purposes of this article, conduct 29 takes place wholly outside of New York if the addictive social media 30 platform is accessed by a user who is physically located outside of New 31 York. 32 2. Nothing in this article shall be construed to impose liability for 33 commercial activities or actions by operators subject to 15 USC § 6501 34 that is inconsistent with the treatment of such activities or actions 35 under 15 USC § 6502. 36 § 1514. Rulemaking authority. The attorney general shall promulgate 37 rules and regulations to effectuate and enforce the provisions of this 38 article. 39 § 1515. Remedies. 1. On or after the effective date of this article, 40 whenever it appears to the attorney general, upon complaint or other- 41 wise, that any person, within or outside the state, has violated the 42 provisions of this article, the attorney general may bring an action or 43 special proceeding in the name and on behalf of the people of the state 44 of New York to enjoin any such violation, to obtain restitution of any 45 moneys or property obtained directly or indirectly by any such 46 violation, to obtain disgorgement of any profits or gains obtained 47 directly or indirectly by any such violation, to obtain damages caused 48 directly or indirectly by any such violation, to obtain civil penalties 49 of up to five thousand dollars per violation, and to obtain any such 50 other and further relief as the court may deem proper, including prelim- 51 inary relief. 52 2. The attorney general shall maintain a website to receive 53 complaints, information, and/or referrals from members of the public 54 concerning an operator's or addictive social media platform's alleged 55 compliance or noncompliance with the provisions of this article.
A. 6974 4 1 § 3. Severability. If any clause, sentence, paragraph, subdivision, 2 section, or part of this act shall be adjudged by any court of competent 3 jurisdiction to be invalid, such judgment shall not affect, impair, or 4 invalidate the remainder thereof, but shall be confined in its operation 5 to the clause, sentence, paragraph, subdivision, section, or part there- 6 of directly involved in the controversy in which such judgment shall 7 have been rendered. It is hereby declared to be the intent of the legis- 8 lature that this act would have been enacted even if such invalid 9 provisions had not been included herein. 10 § 4. This act shall take effect on the one hundred eightieth day after 11 the office of the attorney general shall promulgate rules and regu- 12 lations necessary to effectuate the provisions of this act; provided 13 that the office of the attorney general shall notify the legislative 14 bill drafting commission upon the occurrence of the enactment of the 15 rules and regulations necessary to effectuate and enforce the provisions 16 of section three of this act in order that the commission may maintain 17 an accurate and timely effective database of the official text of the 18 laws of the state of New York in furtherance of effectuating the 19 provisions of section 44 of the legislative law and section 70-b of the 20 public officers law. Effective immediately, the addition, amendment 21 and/or repeal of any rule or regulation necessary for the implementation 22 of this act on its effective date are authorized to be made and 23 completed on or before such effective date.