New York State Attorney General Letitia James has released proposed rules that would restrict minors from exposure to addictive features on social media pursuant to the Stop Addictive Feeds Exploitation (SAFE) for Kids Act, signed into state law last year to “protect the mental health of children.” The law, which is expected to take effect sometime next year, requires social media companies that supply addictive content to use an age verification system with results “certified by a verified third-party.” Absent parental consent, platform operators must restrict users under 18 from receiving addictive or algorithmically personalized feeds and nighttime notifications.

The SAFE for Kids Act defines an addictive feed as a website, app or online service that uses data associated with a minor (or the minor’s device) to personalize and prioritize the material the minor sees. State regulators in New York and elsewhere increasingly feel compulsive social media viewing is unhealthy for young people.

“Addictive feeds and nighttime notifications are tied to depression, anxiety, eating and sleep disorders, and other mental health issues for children and teenagers,” according to a press release from James’ office. Her proposed rules explain which companies must comply with the law and outlines methods by which to determine users’ age and obtain parental consent.

“The SAFE for Kids Act would apply to companies that surface user-generated content and ‘have users who spend at least 20 percent of their time on the platform’s addictive feeds,’” writes The Verge, noting “that means it could potentially affect major platforms like Instagram, TikTok, and YouTube.”

Companies and their agents found in violation will face fines of up to $5,000 per instance, and potentially other remedies.

In order to make the law commercially viable, James is proposing an exception “for operators with fewer than 5 million users globally or fewer than 20,000 users who are covered minors” — unless the platform’s primary user base is comprised of minors.

Interestingly, while the law itself defines a platform “operator” as “any person, business, or other legal entity who operates or provides an addictive social media platform,” James’ proposed rules define a “covered operator” as “any person who operates or provides an addictive online platform and the person’s agents and affiliates involved in operating or providing an addictive online platform,” which appears to pave the way for suits against individuals as well as ISPs and others.

ABC News notes that “online age check laws — on the rise in the U.S. — have garnered opposition from groups that advocate for digital privacy and free speech,” and James’ proposed rules include numerous protective provisions, including deleting data used to substantiate age “immediately” after verification.

States including Utah and Texas have already passed age verification laws for mobile apps, while California is considering a broader approach closer to New York’s. ABC points out that “more than 20 states” have similar rules on the books, “though many face legal challenges.”

James has opened a public comment period that will run through December 1. She will then have a year to finalize the rules and the law will take effect 180 days after that.

Related:
TikTok, Instagram May Request Selfie to Verify Age Under Proposed NY Rules, Gothamist, 9/15/25