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New York Becomes First State to Restrict Addictive Social Media Features for Minors

Client Alert | 2 min read | 08.03.26

Overview

New York is set to become the first state in the nation to restrict algorithmically-driven “addictive” social media features for users under 18. On July 29, 2026, the State published the final rules implementing the Stop Addictive Feeds Exploitation (SAFE) for Kids Act, which takes effect January 25, 2027.

Who Is Covered?

The Act applies to any website, online service, or app that:

  • Displays user-generated content designed to foster social interaction or public media sharing;
  • Uses algorithmically personalized, non-chronological feeds to maximize user engagement; and
  • Derives 20% or more of its user traffic interactions from such algorithmic feeds, measured over a rolling six-month window.

This broad definition could capture a wide range of platforms, including apps, games, and streaming services.

Key Requirements

  1. Algorithmic Feed Restrictions
    Minors under 18 may not be shown algorithmically personalized feeds by default. Instead, they will receive content only from accounts they follow or have selected, displayed in a set sequence (e.g., chronological order). Parental consent is required to unlock algorithmic feeds. Importantly, minors cannot be blocked from accessing the platform's content simply because they or their parent declines to consent.

  2. Nighttime Notification Ban
    Platforms may not send notifications to users under 18 between 12:00 a.m. and 6:00 a.m., absent parental consent.

  3. Age Assurance
    To allow users access to algorithmic feeds and/or nighttime notifications, platforms must verify that a user is 18 or older. Requirements include:

      • Offering at least one alternative to government-issued ID verification (e.g., uploaded image/video, or cross-checking email or phone number against age-reflective data);
      • Selecting methods with high accuracy rates;
      • Conducting annual testing and retaining results for a minimum of 10 years;
      • Using only the minimum data necessary, with all age-assurance data deleted or de-identified immediately after use; and
      • Providing minor users with an option to update their age status upon turning 18.

  4. Parental Consent
      • Minors must affirmatively seek access to restricted features and consent to parental notification;
      • Parents granting consent must themselves complete age assurance;
      • Platforms are not required to share a minor's search history or interests to facilitate consent; and
      • Both parents and minors may withdraw consent at any time.

Enforcement

Attorney General Letitia James holds enforcement authority under the Act and may seek civil penalties of up to $5,000 per violation.

Implications for Social Media Companies

The SAFE for Kids Act marks a significant shift in how states are approaching child online safety—moving beyond tort and consumer protection laws toward targeted, platform-specific regulation. As the first law of its kind in the United States, it establishes New York as the early standard-setter in this space.

If other states follow with similar—or more aggressive—legislation, social media companies could face a patchwork of varying state-level requirements, potentially necessitating bespoke compliance tools and features for each jurisdiction. Companies operating platforms that may fall within the Act's broad definition should begin assessing their compliance posture now, given the January 25, 2027 effective date.

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Client Alert | 3 min read | 08.03.26

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