Enacts the "Stop Addictive Feeds Exploitation (SAFE) for all act"; requires a setting which allows a social media user to turn off algorithmic recommendations and other notifications; prohibits the use of dark patterns to subvert choice or inhibit users from accessing certain mechanisms.
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
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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;
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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.
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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.
