With bi-partisan support, the New York State Legislature passed the SAFE for Kids Act and the New York Child Data Privacy Act, legislation designed to protect children and teens on social media from addictive algorithms and exploitative data collection. The legislation now heads to Governor Kathy Hochul’s desk for signature.
The SAFE for Kids Act will require social media companies to restrict addictive feeds on their platforms for users under 18. Unless parental consent is granted, users under 18 will not receive addictive feeds. Users may still search for specific topics of interest. It will also prohibit social media platforms from sending notifications regarding addictive feeds to minors from 12 a.m. to 6 a.m. without parental consent. The legislation will authorize the Office of the Attorney General (OAG) to bring an action to enjoin violations of the new law as well as seek civil penalties of up to $5,000 per violation, among other remedies. And finally, it calls for the establishment of acceptable age verification and parent consent methods, to be determined by the OAG as part of a rulemaking process once the legislation is enacted.
The New York Child Data Protection Act will prohibit online sites from collecting, using, sharing or selling personal data of anyone under the age of 18, unless they receive informed consent or unless doing so is strictly necessary for the purpose of the website. It also authorizes the OAG to enforce the law and enjoin and seek damages or civil penalties of up to $5,000 per violation.
“New York is sending a clear message to Big Tech: your profits are not more important than our kids’ privacy and wellbeing. As the father of two young kids, this win is personal, and I am particularly grateful to the young people, parents, educators, and organizations from across the state who fought back against the industry’s lobbying and lies, and demanded a safer digital world,” said State Senator Andrew Gounardes who sponsored the bills.
This legislative approach, backed by Governor Kathy Hochul and Attorney General Letitia James, does not restrict children’s access to content on social apps; it simply allows them to choose how the content they view will be delivered to them. And while there are critical First Amendment protections forbidding discrimination on the basis of viewpoint or content, this legislation regulates technology, not speech. The legislation aims to empower young people to explore, learn, and stay connected through social media on their terms, without being pushed into harmful content, and is designed to pass Supreme Court scrutiny.
“On behalf of parents across our state, we express our immense gratitude to the legislators and advocates who worked tirelessly to pass this groundbreaking legislation to protect our children from social media’s harmful algorithms and invasive data collection,” said Julianna Arnold, NY Parent and member of Parents for Safe Online Spaces. “Social media’s algorithms push harmful and often deadly content to innocent and vulnerable children and teens just like my daughter-content promoting the use and sale of illicit and lethal drugs, self-harm, eating disorders, and suicide. This legislation is a crucial step toward safeguarding our children and giving control back to parents. Now, we urge Senator Schumer to take action on the national level and bring the Kids Online Safety Act to the Senate floor for a vote, making America a leader in protecting kids online.”
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