NY becomes first state to ban algorithm-based social media feeds to young people

ALBANY — New York on Thursday became the first state in the nation to ban social media platforms such as Facebook, Instagram and TikTok from offering addictive, algorithm-based social media feeds to promote content to young people under legislation signed by Gov. Kathy Hochul.

The “Stop Addictive Feeds Exploitation for Kids Act,” or SAFE for Kids Act, restricts social media platforms from providing algorithm-based feeds to those under the age of 18 without parental consent. It also requires parental consent for social media platforms to send notifications to minors between midnight and 6 a.m.

Hochul also signed into law the New York Child Data Protection Act, which starting next year will ban — except in certain instances — online sites from collecting, using, sharing or selling personal data of anyone under the age of 18 without consent. Parental consent will be required for those under age 13.

 The measures, which have been a major priority for Hochul and Attorney General Letitia James, aim to protect young people’s data and mental health by limiting the potential negative effects of social media. 

"We have a moral responsibility to protect young New Yorkers from harm and from addictive forces trying to transport them from happy-go-lucky kids into teenagers who are depressed, isolating themselves from human contact, and in some extreme cases, contemplating ending their own lives," Hochul said Thursday at a bill signing event in Manhattan. "The damaging effect of social media’s addictive algorithms, weaponized to use children’s personal information ... to hold them captive with a barrage of unsolicited images and messages, and that must be stopped right now."

The bills were approved by the State Legislature earlier this month despite the fierce opposition of Big Tech groups, which have cited concerns particularly with the algorithm bill.

"Lawmakers clearly have good intentions with these bills, but some significant unresolved issues — including how age verification will work, which websites will be impacted, and whether algorithms used to filter out harmful content will be banned — could prevent them from being fulfilled," said Julie Samuels, president and CEO of Tech: NYC, a nonprofit industry group that has been lobbying on behalf of its members, including Google, Yahoo and Meta, formerly known as Facebook. Samuels in a statement said they also are concerned with the rule-making process and will continue to engage with the attorney general's office on this issue. 

The attorney general’s office will be in charge of creating rules and regulations for the implementation of the algorithm law, which will take effect 180 days after the rules are created.

At the bill signing, James touted both measures saying they will take on the "most dangerous aspects of social media."

Both laws allow the attorney general to bring legal action and online platforms could face penalties of up to $5,000 per violation.