S T A T E O F N E W Y O R K
________________________________________________________________________
6974
2025-2026 Regular Sessions
I N A S S E M B L Y
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:
Section 1. This act shall be known and may be cited as the "stop
addictive feeds exploitation (safe) for all act".
§ 2. The general business law is amended by adding a new article 45-A
to read as follows:
ARTICLE 45-A
SAFE FOR ALL ACT
SECTION 1509. DEFINITIONS.
1510. REQUIRED SETTINGS.
1511. PROHIBITION OF DARK PATTERNS.
1512. APPLICABILITY OF SAFE FOR KIDS ACT.
1513. SCOPE.
1514. RULEMAKING AUTHORITY.
1515. REMEDIES.
§ 1509. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE, THE FOLLOWING
TERMS SHALL HAVE THE FOLLOWING MEANINGS:
1. "ADDICTIVE FEED" SHALL MEAN A REGULARLY UPDATED STREAM OF ALGORITH-
MIC RECOMMENDATIONS THAT A USER ENCOUNTERS ON A WEBSITE, ONLINE SERVICE,
ONLINE APPLICATION, MOBILE APPLICATION, OR PORTION THEREOF.
2. "ADDICTIVE SOCIAL MEDIA PLATFORM" SHALL MEAN A WEBSITE, ONLINE
SERVICE, ONLINE APPLICATION, OR MOBILE APPLICATION, THAT OFFERS OR
PROVIDES USERS WITH ADDICTIVE FEEDS AS A SIGNIFICANT PART OF THE
PROVISION OF SUCH WEBSITE, ONLINE SERVICE, ONLINE APPLICATION, OR MOBILE
APPLICATION.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09051-01-5
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3. "ALGORITHMIC RECOMMENDATION" SHALL MEAN WHEN A WEBSITE, ONLINE
SERVICE, ONLINE APPLICATION, OR MOBILE APPLICATION, OR A PORTION THERE-
OF, CONTAINING MULTIPLE PIECES OF MEDIA GENERATED OR SHARED BY USERS,
RECOMMENDS, SELECTS, OR PRIORITIZES CERTAIN MEDIA FOR DISPLAY TO A USER,
EITHER CONCURRENTLY OR SEQUENTIALLY, BASED IN WHOLE OR IN PART ON INFOR-
MATION ASSOCIATED WITH SUCH USER OR SUCH USER'S DEVICE, BUT SHALL NOT
INCLUDE THE FOLLOWING:
(A) RECOMMENDATIONS, PRIORITIZATIONS, OR SELECTIONS BASED ON INFORMA-
TION THAT IS NOT PERSISTENTLY ASSOCIATED WITH THE USER OR USER'S DEVICE,
AND DOES NOT CONCERN THE USER'S PREVIOUS INTERACTIONS WITH MEDIA GENER-
ATED OR SHARED BY OTHER USERS;
(B) RECOMMENDATIONS, PRIORITIZATIONS, OR SELECTIONS BASED ON USER-SE-
LECTED PRIVACY OR ACCESSIBILITY SETTINGS, OR TECHNICAL INFORMATION
CONCERNING THE USER'S DEVICE;
(C) WHERE THE USER EXPRESSLY AND UNAMBIGUOUSLY REQUESTED THE SPECIFIC
MEDIA, MEDIA BY THE AUTHOR, CREATOR, OR POSTER OF MEDIA THE USER HAS
SUBSCRIBED TO, OR MEDIA SHARED BY USERS TO A PAGE OR GROUP THE USER HAS
SUBSCRIBED TO, PROVIDED THAT THE MEDIA IS NOT RECOMMENDED, SELECTED, OR
PRIORITIZED FOR DISPLAY BASED, IN WHOLE OR IN PART, ON OTHER INFORMATION
ASSOCIATED WITH THE USER OR THE USER'S DEVICE THAT IS NOT OTHERWISE
PERMISSIBLE UNDER THIS SUBDIVISION;
(D) WHERE THE USER EXPRESSLY AND UNAMBIGUOUSLY REQUESTED THAT SPECIFIC
MEDIA, MEDIA BY A SPECIFIED AUTHOR, CREATOR, OR POSTER OF MEDIA THE USER
HAS SUBSCRIBED TO, OR MEDIA SHARED BY USERS TO A PAGE OR GROUP THE USER
HAS SUBSCRIBED TO PURSUANT TO PARAGRAPH (C) OF THIS SUBDIVISION, BE
BLOCKED, PRIORITIZED, OR DEPRIORITIZED FOR DISPLAY, PROVIDED THAT THE
MEDIA IS NOT RECOMMENDED, SELECTED, OR PRIORITIZED FOR DISPLAY BASED, IN
WHOLE OR IN PART, ON OTHER INFORMATION ASSOCIATED WITH THE USER OR THE
USER'S DEVICE THAT IS NOT OTHERWISE PERMISSIBLE UNDER THIS SUBDIVISION;
(E) WHERE THE MEDIA ARE DIRECT AND PRIVATE COMMUNICATIONS;
(F) WHERE THE MEDIA ARE RECOMMENDED, SELECTED, OR PRIORITIZED ONLY IN
RESPONSE TO A SPECIFIC SEARCH INQUIRY BY THE USER;
(G) WHERE THE MEDIA RECOMMENDED, SELECTED, OR PRIORITIZED FOR DISPLAY
IS EXCLUSIVELY NEXT IN A PRE-EXISTING SEQUENCE FROM THE SAME AUTHOR,
CREATOR, POSTER, OR SOURCE; OR
(H) WHERE THE RECOMMENDATION, PRIORITIZATION, OR SELECTION IS NECES-
SARY TO COMPLY WITH THE PROVISIONS OF THIS ARTICLE AND ANY REGULATIONS
PROMULGATED PURSUANT TO THIS ARTICLE.
4. "AUTOPLAY" SHALL MEAN WHEN A WEBSITE, ONLINE SERVICE, ONLINE APPLI-
CATION, OR MOBILE APPLICATION PLAYS ONE OR MORE PIECES OF EMBEDDED MEDIA
AUTOMATICALLY, WITHOUT THE USER EXPLICITLY SELECTING A PLAY ICON, ON
SUCH SERVICE OR APPLICATION OR A PORTION THEREOF.
5. "COVERED MINOR" SHALL HAVE THE MEANING SET FORTH IN SUBDIVISION
THREE OF SECTION FIFTEEN HUNDRED OF THIS CHAPTER.
6. "MEDIA" SHALL MEAN TEXT, AN IMAGE, OR A VIDEO.
7. "OPERATOR" SHALL MEAN ANY PERSON, BUSINESS, OR OTHER LEGAL ENTITY,
WHO OPERATES OR PROVIDES AN ADDICTIVE SOCIAL MEDIA PLATFORM.
8. "USER" SHALL MEAN A USER OF A WEBSITE, ONLINE SERVICE, ONLINE
APPLICATION, OR MOBILE APPLICATION IN NEW YORK, NOT ACTING AS AN OPERA-
TOR, OR AGENT OR AFFILIATE OF THE OPERATOR, OF SUCH WEBSITE, ONLINE
SERVICE, ONLINE APPLICATION, OR MOBILE APPLICATION, OR ANY PORTION THER-
EOF.
§ 1510. REQUIRED SETTINGS. IT SHALL BE UNLAWFUL FOR AN OPERATOR TO
PROVIDE AN ADDICTIVE SOCIAL MEDIA PLATFORM TO A USER IN THIS STATE
UNLESS SUCH PLATFORM OFFERS MECHANISMS THROUGH WHICH A USER MAY:
1. TURN OFF ALGORITHMIC RECOMMENDATIONS;
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2. TURN OFF NOTIFICATIONS CONCERNING AN ADDICTIVE FEED, PROVIDED
FURTHER THAT SUCH MECHANISM SHALL, AT A MINIMUM, PROVIDE THE USER WITH
THE ABILITY TO TURN OFF NOTIFICATIONS OVERALL OR TO TURN OFF NOTIFICA-
TIONS BETWEEN THE HOURS OF 12 AM EASTERN AND 6 AM EASTERN;
3. TURN OFF AUTOPLAY ON SUCH PLATFORM; AND
4. LIMIT SUCH USER'S ACCESS TO SUCH PLATFORM TO ANY LENGTH OF DAY
SPECIFIED BY SUCH USER, PROVIDED FURTHER THAT ANY MECHANISM WHICH SOLELY
REMINDS SUCH USER OF TIME SPENT ON A PLATFORM RATHER THAN ALLOWING SUCH
USER TO LIMIT SUCH USER'S ACCESS SHALL NOT BE IN COMPLIANCE WITH THIS
SUBDIVISION.
§ 1511. PROHIBITION OF DARK PATTERNS. 1. THE SETTINGS REQUIRED IN
SECTION FIFTEEN HUNDRED TEN OF THIS ARTICLE SHALL BE PRESENTED IN A
CLEAR AND ACCESSIBLE MANNER ON AN ADDICTIVE SOCIAL MEDIA PLATFORM. IT
SHALL BE UNLAWFUL FOR SUCH PLATFORM TO DEPLOY ANY MECHANISM OR DESIGN
WHICH INTENTIONALLY INHIBITS THE PURPOSE OF THIS ARTICLE, SUBVERTS USER
CHOICE OR AUTONOMY, OR MAKES IT MORE DIFFICULT FOR A USER TO EXERCISE
THEIR RIGHTS UNDER ANY OF THE PRESCRIBED SETTINGS IN SECTION FIFTEEN
HUNDRED TEN OF THIS ARTICLE.
2. IT SHALL BE UNLAWFUL FOR AN ADDICTIVE SOCIAL MEDIA PLATFORM TO
DEPLOY ANY MECHANISM OR DESIGN WHICH INTENTIONALLY SERVES TO MAKE IT
MORE DIFFICULT FOR A USER TO DEACTIVATE, REACTIVATE, SUSPEND, OR CANCEL
SUCH USER'S ACCOUNT OR PROFILE.
§ 1512. APPLICABILITY OF THE SAFE FOR KIDS ACT. NOTHING IN THIS ARTI-
CLE SHALL BE CONSTRUED OR INTERPRETED TO OVERRIDE, SUPPLANT, OR CONFLICT
WITH ANY OF THE PROVISIONS OF THE SAFE FOR KIDS ACT CONTAINED IN ARTICLE
FORTY-FIVE OF THIS CHAPTER.
§ 1513. SCOPE. 1. THIS ARTICLE SHALL APPLY TO CONDUCT THAT OCCURS IN
WHOLE OR IN PART IN NEW YORK. FOR PURPOSES OF THIS ARTICLE, CONDUCT
TAKES PLACE WHOLLY OUTSIDE OF NEW YORK IF THE ADDICTIVE SOCIAL MEDIA
PLATFORM IS ACCESSED BY A USER WHO IS PHYSICALLY LOCATED OUTSIDE OF NEW
YORK.
2. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO IMPOSE LIABILITY FOR
COMMERCIAL ACTIVITIES OR ACTIONS BY OPERATORS SUBJECT TO 15 USC § 6501
THAT IS INCONSISTENT WITH THE TREATMENT OF SUCH ACTIVITIES OR ACTIONS
UNDER 15 USC § 6502.
§ 1514. RULEMAKING AUTHORITY. THE ATTORNEY GENERAL SHALL PROMULGATE
RULES AND REGULATIONS TO EFFECTUATE AND ENFORCE THE PROVISIONS OF THIS
ARTICLE.
§ 1515. REMEDIES. 1. ON OR AFTER THE EFFECTIVE DATE OF THIS ARTICLE,
WHENEVER IT APPEARS TO THE ATTORNEY GENERAL, UPON COMPLAINT OR OTHER-
WISE, THAT ANY PERSON, WITHIN OR OUTSIDE THE STATE, HAS VIOLATED THE
PROVISIONS OF THIS ARTICLE, THE ATTORNEY GENERAL MAY BRING AN ACTION OR
SPECIAL PROCEEDING IN THE NAME AND ON BEHALF OF THE PEOPLE OF THE STATE
OF NEW YORK TO ENJOIN ANY SUCH VIOLATION, TO OBTAIN RESTITUTION OF ANY
MONEYS OR PROPERTY OBTAINED DIRECTLY OR INDIRECTLY BY ANY SUCH
VIOLATION, TO OBTAIN DISGORGEMENT OF ANY PROFITS OR GAINS OBTAINED
DIRECTLY OR INDIRECTLY BY ANY SUCH VIOLATION, TO OBTAIN DAMAGES CAUSED
DIRECTLY OR INDIRECTLY BY ANY SUCH VIOLATION, TO OBTAIN CIVIL PENALTIES
OF UP TO FIVE THOUSAND DOLLARS PER VIOLATION, AND TO OBTAIN ANY SUCH
OTHER AND FURTHER RELIEF AS THE COURT MAY DEEM PROPER, INCLUDING PRELIM-
INARY RELIEF.
2. THE ATTORNEY GENERAL SHALL MAINTAIN A WEBSITE TO RECEIVE
COMPLAINTS, INFORMATION, AND/OR REFERRALS FROM MEMBERS OF THE PUBLIC
CONCERNING AN OPERATOR'S OR ADDICTIVE SOCIAL MEDIA PLATFORM'S ALLEGED
COMPLIANCE OR NONCOMPLIANCE WITH THE PROVISIONS OF THIS ARTICLE.
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§ 3. Severability. If any clause, sentence, paragraph, subdivision,
section, or part of this act shall be adjudged by any court of competent
jurisdiction to be invalid, such judgment shall not affect, impair, or
invalidate the remainder thereof, but shall be confined in its operation
to the clause, sentence, paragraph, subdivision, section, or part there-
of directly involved in the controversy in which such judgment shall
have been rendered. It is hereby declared to be the intent of the legis-
lature that this act would have been enacted even if such invalid
provisions had not been included herein.
§ 4. This act shall take effect on the one hundred eightieth day after
the office of the attorney general shall promulgate rules and regu-
lations necessary to effectuate the provisions of this act; provided
that the office of the attorney general shall notify the legislative
bill drafting commission upon the occurrence of the enactment of the
rules and regulations necessary to effectuate and enforce the provisions
of section three of this act in order that the commission may maintain
an accurate and timely effective database of the official text of the
laws of the state of New York in furtherance of effectuating the
provisions of section 44 of the legislative law and section 70-b of the
public officers law. Effective immediately, the addition, amendment
and/or repeal of any rule or regulation necessary for the implementation
of this act on its effective date are authorized to be made and
completed on or before such effective date.