New York is proposing new rules restricting “addictive” features used by social media platforms in an effort to keep children safe online.
The proposed rules would be created under the Stop Addictive Feeds Exploitation (SAFE) for Kids Act, signed into law by Gov. Kathy Hochul last year. The act was championed by Attorney General Letitia James and sponsored by Sen. Andrew Gounardes, who represents western Brooklyn, and Assemblymember Nily Rozic, who represents northeast Queens.
The law requires social media companies to restrict algorithmically personalized feeds, or addictive feeds, and nighttime notifications for users under the age of 18, unless parental consent is granted.
“Children and teenagers are struggling with high rates of anxiety and depression because of addictive features on social media platforms,” said James. “… The proposed rules released by my office today will help us tackle the youth mental health crisis and make social media safer for kids and families. This is an issue that affects all of us, and I encourage parents, educators, young people, industry groups, and others to review the proposed rules and submit a comment during the public comment period.”
Addictive feeds and nighttime notifications are tied to depression, anxiety, eating and sleep disorders, and other mental health issues for children and teenagers, according to the attorney general’s office.
The new proposed rules explain which companies must comply with the law and outline standards to determine users’ age and obtain parental consent.
“I was proud to sign the nation’s leading legislation targeting addictive social media feeds, the SAFE for Kids Act, that protects New York’s young people from social media’s damaging effects,” said Hochul. “We know that kids are happier and healthier when they’re learning and growing, not clicking and scrolling. I thank Attorney General James and her team for their work on drafting the regulations for this critically important legislation.”
Here are some of the proposed regulations.
Age assurance
For users above the age of 18, social media companies must ascertain that the user is an adult before allowing them to access algorithmic feeds and/or nighttime notifications.
Companies must confirm a user’s age using methods like requesting an uploaded image or video or verifying a user’s email address or phone number to cross-check other information that reflects a user’s age.
Any information used to determine age or obtain parental consent cannot be used for any other purpose and must be deleted.
Young users who turn 18 must have an option to update their age status on the platform.
Parental consent
Social media companies must first receive a minor’s approval to request parental consent for algorithmic feeds and/or nighttime notifications. Once a minor approves, the platform may seek verifiable parental consent to allow a minor to access those options.
The platform may not block the minor from generally accessing the platform or its content simply because they or their parent has refused to consent.
Parents and minors must have the option to withdraw consent at any time.
You can view the full set of proposed rules at the attorney general’s website at ag.ny.gov.
These proposed rules apply to companies that display user-generated content and have users who spend at least 20% of their time on the platform’s addictive feeds, according to the attorney general’s office.
A public comment period on the proposed rules is open for 60 days. Submit your comments to ProtectNYKidsOnline@ag.ny.gov.