NY State Senate Bill 2025-S4505

Current Bill Status - In Senate Committee Internet And Technology Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 06, 2025	referred to internet and technology

2025-S4505 (ACTIVE) - Details

Current Committee:: Senate Internet And Technology
Law Section:: General Business Law
Laws Affected:: Add Art 45-A §§1520 - 1526, Gen Bus L; add §7.48, Ment Hyg L

2025-S4505 (ACTIVE) - Summary

Requires warning labels on social media platforms which provide an addictive feed, autoplay, infinite scroll, like counts, and/or push notifications; directs the commissioner of mental health to design the warning label.

2025-S4505 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S4505

SPONSOR: GOUNARDES
 
TITLE OF BILL:

An act to amend the general business law and the mental hygiene law, in
relation to requiring warning labels on addictive social media platforms

 
PURPOSE OR GENERAL IDEA OF BILL::

To require addictive social media platforms with certain predatory
features to post warning labels on their platforms

 
SUMMARY OF PROVISIONS::

Section one of this bill provides legislative intent.

Section two of this bill adds a new Article 45-A to General Business Law
to require addictive social media platforms which feature predatory
features such as algorithmic feeds, push notifications, autoplay, infi-
nite scroll, and/or like counts as a significant part of the provision
of their service to post warning labels for all users upon access to the

platform. The bill features a series of specific exemptions for certain
types of notifications that fall beyond the scope of the bill (i.e.
those explicitly requested by a user or which are deployed for civic
communication). More broadly, the bill also exempts any feature which is
determined by the Attorney General via regulation to be offered for a
valid purpose unrelated to prolonging use of the addictive social media
platform.

The specific content and duration of the warning label would be deter-
mined by the Commissioner of Mental Health, as described in section
three of the bill, but social media platforms would be barred from
including the labels exclusively in the terms of service of the plat-
form, obscuring the visibility of warning labels, displaying warning
labels at a time or for a duration other than that prescribed by the
Mental Health Commissioner, or deploying any other design feature or
mechanism which serves to inhibit the purpose of this act.

The Attorney General would be responsible for enforcing violations by
pursuing a $5,000 civil penalty per violation.

Section three of this bill adds a new section 7.48 to Mental Hygiene
Law, which would require the Commissioner of Mental Health to design the
social media warning label created by this act. The Commissioner would
base the design on available medical and sociological research, includ-
ing from government publications and peer-reviewed scholarly articles,
on the impact of social media on the social, emotional, and physical
health of users. The Commissioner would be empowered to update the text
of the warning label on an annual basis so that it reflects any changing
developments or new findings in such research.

The Commissioner would also draft regulations prescribing at what point
during a user's use of the platform the label should appear and how long
such label should remain on display, based on factors such as the effec-
tiveness of the label and user response.



The Commissioner would be required to issue an annual report of their
findings and how such findings informed the drafting of the regulations
described herein.

Section four creates a severability clause.

Section five sets the effective date.

 
JUSTIFICATION::

On June 17th, 2024, the US Surgeon General Vivek H. Murthy published an
op-ed calling for an official surgeon general warning label on social
media platforms, similar to those that already exist for other poten-
tially harmful products like alcohol or tobacco (Murthy, Vivek H.
"Surgeon General: Why I'm Calling for a Warning Label on Social Media
Platforms." The New York Times, 17 June 2024,
www.nytimes.com/2024/06/17/opinion/social-media-health-warning.html.)  A
few months later, attorneys general from 42 states echoed this call,
citing the growing body of research that links young people's use of
social media with serious psychological harms such as anxiety,
depression, suicidal ideation, and insomnia (National Association of
Attorneys General. Re: Requiring a Surgeon General's Warning Label on
Social Media Platforms. National Association of Attorneys General, 9
Sept. 2024.). And a few months earlier, in June 2024, Colorado Governor
Jared Polis signed the nation's first social media warning label, HB24-
1136, into law.

In calling for social media warning labels, our nation's leading public
health official cited the well-known statistic that adolescents who
spend more than three hours a day on social media face double the risk
of anxiety and depression. The average daily use in this age group, as
of the summer of 2023, meanwhile, was 4.8 hours. Additionally, nearly
half of adolescents say social media makes them feel worse about their
bodies. About half of adolescents also claim that social media makes
them feel sad, depressed, lonely, or isolated, and teenagers with the
highest levels of social media use are nearly twice as likely to rate
their overall mental health as poor or very poor.

This bill would require the Office of Mental Health (OMH) to study these
and other documented harms in designing the text of the social media
warning label, which must be informed by the findings of the latest
available medical and sociological research. Many of the world's largest
social media companies claim that their products cannot credibly be
correlated with poor user mental health, citing conflicting studies to
poke holes in this large and growing consensus from parents, educators,
psychologists, and any sentient being that has ever observed a 15-year-
old with a smartphone. But if this is truly the case, those findings
would be reflected in the research and thus text of the warning label
that OMH designs. If, however, the Commissioner does find evidence of
harm, the warning label would communicate such harm.

Consumer warning labels are already found on a variety of different
products, such as: tobacco, where they communicate the health risk of
cancer; plastic packaging, where they communicate the risk of suffoca-
tion for small children; certain high-sugar and -sodium food products,
where they communicate the risk of diabetes, obesity, tooth decay, heart
disease, or stroke; alcohol, where they communicate the risk of birth
defects during pregnancy as well as the dangers of driving while drunk;
and video games and other types of media, where they communicate the
risk of flashing lights for users with photosensitive epilepsy. It is
therefore common sense that, if the data points to a connection between
extensive social media use and poor mental health outcomes, such health
outcomes should also be communicated to users in a way that allows them
to instinctively and easily understand the risks associated with
prolonged use.  Additionally, as this bill covers only social media
platforms that deploy addictive features such as algorithmic feeds, push
notifications, autoplay, infinite scroll, and like counts, any platform
not wishing to display a warning label could simply limit their use of
these features.

This bill represents a commonsense approach to the real and growing
threat posed by a product designed to maximize user engagement rather
than safeguard user health. If properly deployed, social media warning
labels will lead to a more informed and aware user base and healthier
social media habits, putting users back in control of their digital
destinies.

 
PRIOR LEGISLATIVE HISTORY::

None

 
FISCAL IMPLICATIONS::

None

 
EFFECTIVE DATE::

This act shall take effect on the one hundred eightieth day after the
office of the attorney general and office of mental health shall promul-
gate rules and regulations necessary to effectuate the provisions of
this act.

2025-S4505 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4505
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             February 6, 2025
                                ___________
 
 Introduced by Sen. GOUNARDES -- read twice and ordered printed, and when
   printed to be committed to the Committee on Internet and Technology
 
 AN  ACT to amend the general business law and the mental hygiene law, in
   relation to requiring warning labels on addictive social  media  plat-
   forms

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Legislative intent. On June 17th, 2024, US Surgeon  General
 Vivek  H. Murthy called for warning labels on social media platforms due
 to the "significant mental health harms" such platforms  pose  to  young
 users.  The  Surgeon  General had previously found, in a landmark public
 health advisory issued a year prior, that adolescents aged 12 -  15  who
 spend  more  than  three  hours a day on social media faced double their
 risk of anxiety and depression - yet as of summer  2023,  average  daily
 use  for  this  cohort  was 4.8 hours. The Surgeon General further found
 that social media companies were exploiting young users at  one  of  the
 most  vulnerable  periods  of  their  lives, while their "identities and
 self-worth are still forming," and they are "especially  susceptible  to
 social  pressures,  peer  opinions,  and  peer  comparison." The Surgeon
 General found that frequent social media use is associated with distinct
 changes in the amygdala of the brain, which regulates  emotional  learn-
 ing,  as  well as its prefrontal cortex, which regulates impulse control
 and moderates social behavior.
   Research  shows  that  social  media  exposure  overstimulates  reward
 centers,  creating pathways comparable to those of an individual experi-
 encing substance use or gambling addictions - findings further bolstered
 by endless national surveys wherein teenage respondents  report  feeling
 "addicted"  to social media platforms and describe the difficulties they
 encounter when they try to limit their use. Leaked internal  memos  from
 major  social  media  platforms  such as Meta, Google, and TikTok reveal
 that such companies have deployed the use of predatory features such  as
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08661-01-5

 S. 4505                             2
 
 algorithmic  feeds, endless scroll, autoplay, notifications, and "likes"
 to produce  dopamine  loops,  drawing  inspiration  from  the  "variable
 reinforcement  schedules"  produced  by gambling slot machines that keep
 users  pulling  the  lever,  or in this case, checking their screens, at
 periodic intervals for an outcome that could be intrinsically rewarding.
 Beyond the oft-cited side  effects  of  depression,  anxiety,  and  body
 dysmorphia,  leaked company documents reveal that social media companies
 knew that compulsive use of their  products  was  also  associated  with
 "loss  of  analytical  skills,  memory  formation,  contextual thinking,
 conversational depth, (and) empathy." Social media use is  also  associ-
 ated  with  sleep  disturbance, wherein spirals of insomnia and negative
 social comparisons reinforce and enhance each other in a vicious loop.
   The cumulative impact of these addictive design features, created  for
 no  other reason than to keep a user hooked to a platform for as long as
 possible, on youth mental health has been nothing short of  devastating:
 today, nearly half of adolescents say social media makes them feel worse
 about  their  bodies. Teens with the very highest levels of social media
 use are twice as likely as those with low levels of use  to  rate  their
 mental health as poor or very poor. From 2008 to 2015, the percentage of
 hospital  visits  among  young  users for suicidal ideation and attempts
 nearly doubled. The impact has been particularly acute  amongst  adoles-
 cent  girls,  as  between  2011  and  2018, self-poisonings among 10- to
 12-year-old girls quadrupled, hospital admissions  for  self-harm  among
 10- to 14-year-old girls tripled, major depressive episodes among 12- to
 17-year-old  girls  increased  52%, and suicide among 10- to 14-year-old
 girls doubled. Among female adolescent users,  the  association  between
 poor mental health and social media use is now stronger than the associ-
 ations  between  poor mental health and binge drinking, obesity, or hard
 drug use. The US Surgeon General characterizes the current youth  mental
 crisis as nothing less than a public health emergency.
   The  legislature therefore finds that requiring social media apps with
 certain particularly noxious design features to display  warning  labels
 to  all users at the point of user access, which will aim to communicate
 the latest peer-reviewed research on  the  impact  of  social  media  on
 mental  health,  is a reasonable and necessary step to take for consumer
 health and safety. These warning labels would be similar to  those  that
 the  government has already instituted for similarly high-risk products,
 such as labels that warn that tobacco products  cause  cancer,  or  that
 drinking alcohol during pregnancy may lead to birth defects.
   §  2. The general business law is amended by adding a new article 45-A
 to read as follows:
                               ARTICLE 45-A
            WARNING LABELS FOR ADDICTIVE SOCIAL MEDIA PLATFORMS
 SECTION 1520. DEFINITIONS.
         1521. REQUIREMENT FOR WARNING LABELS.
         1522. DESIGN AND TIME RESTRICTIONS.
         1523. NONDISCRIMINATION.
         1524. RULEMAKING AUTHORITY.
         1525. SCOPE.
         1526. REMEDIES.
   § 1520. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE,  THE  FOLLOWING
 TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   1.  "ADDICTIVE  FEED"  SHALL  MEAN  AS  DEFINED  IN SUBDIVISION ONE OF
 SECTION FIFTEEN HUNDRED OF THIS CHAPTER.
   2. "ADDICTIVE SOCIAL MEDIA PLATFORM"  SHALL  MEAN  A  WEBSITE,  ONLINE
 SERVICE, ONLINE APPLICATION, OR MOBILE APPLICATION THAT PRIMARILY SERVES
 S. 4505                             3

 AS  A MEDIUM FOR COVERED USERS TO INTERACT WITH MEDIA GENERATED BY OTHER
 USERS AND WHICH OFFERS OR PROVIDES COVERED USERS AN ADDICTIVE FEED, PUSH
 NOTIFICATIONS, AUTOPLAY,  INFINITE  SCROLL,  AND/OR  LIKE  COUNTS  AS  A
 SIGNIFICANT  PART  OF  THE  SERVICES  PROVIDED  BY  SUCH WEBSITE, ONLINE
 SERVICE, ONLINE APPLICATION, OR MOBILE  APPLICATION.  "ADDICTIVE  SOCIAL
 MEDIA  PLATFORM" SHALL NOT INCLUDE ANY SUCH SERVICE OR APPLICATION WHICH
 THE ATTORNEY GENERAL DETERMINES OFFERS THE FEATURES DESCRIBED HEREIN FOR
 A VALID PURPOSE UNRELATED TO PROLONGING USE OF SUCH PLATFORM.
   3. "AUTOPLAY" SHALL MEAN WHEN A PIECE OF MEDIA IS AUTOMATICALLY PLAYED
 WITHOUT ANY MANUAL INPUT FROM A COVERED USER.
   4. "COVERED OPERATOR" SHALL MEAN ANY PERSON, BUSINESS, OR OTHER  LEGAL
 ENTITY WHO OPERATES OR PROVIDES AN ADDICTIVE SOCIAL MEDIA PLATFORM.
   5.  "COVERED  USER"  SHALL  MEAN  A USER OF A WEBSITE, ONLINE SERVICE,
 ONLINE APPLICATION, OR MOBILE APPLICATION IN NEW YORK, NOT ACTING AS  AN
 OPERATOR, OR AGENT OR AFFILIATE OF THE OPERATOR, OF SUCH WEBSITE, ONLINE
 SERVICE,  ONLINE APPLICATION OR MOBILE APPLICATION OR ANY PORTION THERE-
 OF.
   6. "INFINITE SCROLL" SHALL MEAN WHEN A FEED OR LANDING  PAGE,  WHETHER
 OR  NOT  SUCH  FEED  IS  ADDICTIVE AS DEFINED IN SUBDIVISION ONE OF THIS
 SECTION, AUTOMATICALLY LOADS AND DISPLAYS ADDITIONAL MEDIA AT THE BOTTOM
 OF SUCH FEED OR LANDING PAGE WITHOUT ANY MANUAL  INPUT  FROM  A  COVERED
 USER.
   7.  "LIKE  COUNTS" SHALL MEAN THE QUANTIFICATION AND PUBLIC DISPLAY OF
 POSITIVE VOTES, SUCH AS BUT NOT LIMITED TO THOSE EXPRESSED VIA  A  HEART
 OR  THUMBS-UP  ICON, ATTACHED TO A PIECE OF MEDIA GENERATED BY A COVERED
 USER.
   8. "MEDIA" SHALL MEAN  AS  DEFINED  IN  SUBDIVISION  FIVE  OF  SECTION
 FIFTEEN HUNDRED OF THIS CHAPTER.
   9.  "PUSH  NOTIFICATION" SHALL MEAN AN ALERT GENERATED BY AN ADDICTIVE
 SOCIAL MEDIA PLATFORM FOR A COVERED USER WHEN SUCH PLATFORM  IS  NOT  IN
 USE, BUT SHALL NOT INCLUDE:
   (A) NOTIFICATIONS THAT HAVE BEEN EXPRESSLY AND UNAMBIGUOUSLY REQUESTED
 BY A COVERED USER;
   (B) NOTIFICATIONS RELATED TO USER HEALTH OR SAFETY, INCLUDING INFORMA-
 TION RELATED TO DATA SECURITY OR THREATS;
   (C) NOTIFICATIONS WHICH SERVE A PUBLIC PURPOSE;
   (D)  NOTIFICATIONS  RELATED  TO  A  USER-SELECTED SETTING OR TECHNICAL
 INFORMATION CONCERNING A USER'S DEVICE;
   (E) NOTIFICATIONS REQUIRED TO COMPLY WITH  STATE,  FEDERAL,  OR  LOCAL
 LAWS OR REGULATIONS;
   (F) NOTIFICATIONS REQUIRED TO OPERATE THE ADDICTIVE SOCIAL MEDIA PLAT-
 FORM; OR
   (G)  NOTIFICATIONS  OTHERWISE FOUND BY THE ATTORNEY GENERAL TO SERVE A
 VALID PURPOSE UNRELATED TO PROLONGING USE OF SUCH PLATFORM.
   § 1521. REQUIREMENT FOR WARNING LABELS. IT SHALL  BE  UNLAWFUL  FOR  A
 COVERED  OPERATOR  TO  PROVIDE  AN  ADDICTIVE  FEED,  AUTOPLAY, INFINITE
 SCROLL, LIKE COUNTS, AND/OR PUSH NOTIFICATIONS TO A COVERED USER  UNLESS
 SUCH OPERATOR DISPLAYS A WARNING LABEL EACH TIME THAT SUCH USER ACCESSES
 SUCH  OPERATOR'S  ADDICTIVE  SOCIAL  MEDIA  PLATFORM. SUCH WARNING LABEL
 SHALL CONTAIN NO TEXT OTHER THAN THAT PRESCRIBED BY THE COMMISSIONER  OF
 MENTAL HEALTH AND SHALL APPEAR ON SUCH PLATFORM IN THE MANNER PRESCRIBED
 BY  SUCH  COMMISSIONER, IN ACCORDANCE WITH THE PROVISION OF SECTION 7.48
 OF THE MENTAL HYGIENE LAW AND ANY REGULATIONS PROMULGATED THERETO.
   § 1522. DESIGN AND TIME RESTRICTIONS.  A  COVERED  OPERATOR  SHALL  BE
 PROHIBITED FROM:
 S. 4505                             4
 
   1. INCLUDING A WARNING LABEL EXCLUSIVELY IN THE TERMS OF SERVICE OF AN
 ADDICTIVE SOCIAL MEDIA PLATFORM;
   2.  OBSCURING THE VISIBILITY OR PROMINENCE OF A WARNING LABEL, INCLUD-
 ING VIA THE INCLUSION OF ANY  EXTRANEOUS  TEXT  NOT  PRESCRIBED  BY  THE
 COMMISSIONER  OF MENTAL HYGIENE UNDER SECTION 7.48 OF THE MENTAL HYGIENE
 LAW OR VIA CHANGES IN FONT SIZE;
   3. DISPLAYING A WARNING LABEL AT A POINT IN A COVERED  USER'S  USE  OF
 SUCH  PLATFORM  AND/OR  FOR A DURATION OTHER THAN THAT PRESCRIBED BY THE
 COMMISSIONER OF MENTAL HYGIENE UNDER SECTION 7.48 OF THE MENTAL  HYGIENE
 LAW; AND
   4. DEPLOYING ANY OTHER DESIGN FEATURE OR MECHANISM WHICH INTENTIONALLY
 SERVES TO INHIBIT OR SUBVERT THE PURPOSE OF THIS ARTICLE.
   §  1523.  NONDISCRIMINATION.  A  COVERED  OPERATOR SHALL NOT WITHHOLD,
 DEGRADE, LOWER THE QUALITY,  OR  INCREASE  THE  PRICE  OF  ANY  PRODUCT,
 SERVICE,  OR  FEATURE,  OTHER  THAN AS NECESSARY FOR COMPLIANCE WITH THE
 PROVISIONS OF THIS ARTICLE  OR  ANY  RULES  OR  REGULATIONS  PROMULGATED
 PURSUANT  TO  THIS  ARTICLE, TO A COVERED USER DUE TO THE COVERED OPERA-
 TOR'S DISPLAY OF A WARNING LABEL UNDER SECTION FIFTEEN  HUNDRED  TWENTY-
 ONE OF THIS ARTICLE.
   §  1524.  RULEMAKING  AUTHORITY. THE ATTORNEY GENERAL SHALL PROMULGATE
 SUCH RULES AND REGULATIONS AS ARE NECESSARY TO  EFFECTUATE  AND  ENFORCE
 THE PROVISIONS OF THIS ARTICLE.
   §  1525.  SCOPE. 1. THIS ARTICLE SHALL APPLY TO CONDUCT THAT OCCURS IN
 WHOLE OR IN PART IN NEW YORK. FOR THE PURPOSES OF THIS ARTICLE,  CONDUCT
 TAKES  PLACE  WHOLLY  OUTSIDE  OF  NEW  YORK  IF THE COVERED PLATFORM IS
 ACCESSED BY A USER WHO IS PHYSICALLY LOCATED OUTSIDE OF NEW YORK.
   2. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO IMPOSE LIABILITY  FOR
 COMMERCIAL  ACTIVITIES  OR  ACTIONS BY OPERATORS SUBJECT TO 15 U.S.C.  §
 6501 THAT IS INCONSISTENT WITH  THE  TREATMENT  OF  SUCH  ACTIVITIES  OR
 ACTIONS UNDER 15 U.S.C. § 6502.
   §  1526.  REMEDIES.  1.  WHENEVER  IT APPEARS TO THE ATTORNEY GENERAL,
 EITHER UPON COMPLAINT OR OTHERWISE, THAT ANY PERSON, WITHIN  OR  OUTSIDE
 THE  STATE,  HAS  ENGAGED IN OR IS ABOUT TO ENGAGE IN ANY OF THE ACTS OR
 PRACTICES STATED TO BE UNLAWFUL IN THIS ARTICLE,  THE  ATTORNEY  GENERAL
 MAY  BRING  AN ACTION OR SPECIAL PROCEEDING IN THE NAME AND ON BEHALF OF
 THE PEOPLE OF THE STATE OF NEW YORK TO  ENJOIN  ANY  VIOLATION  OF  THIS
 ARTICLE,  TO  OBTAIN  RESTITUTION  OF  ANY  MONEYS  OR PROPERTY OBTAINED
 DIRECTLY OR INDIRECTLY BY ANY SUCH VIOLATION, TO OBTAIN DISGORGEMENT  OF
 ANY  PROFITS  OR  GAINS  OBTAINED  DIRECTLY  OR  INDIRECTLY  BY ANY SUCH
 VIOLATION, TO OBTAIN DAMAGES CAUSED DIRECTLY OR INDIRECTLY BY  ANY  SUCH
 VIOLATION,  TO OBTAIN CIVIL PENALTIES OF UP TO FIVE THOUSAND DOLLARS PER
 VIOLATION, AND TO OBTAIN ANY SUCH OTHER AND FURTHER RELIEF AS THE  COURT
 MAY DEEM PROPER, INCLUDING PRELIMINARY RELIEF.
   2.   THE   ATTORNEY  GENERAL  SHALL  MAINTAIN  A  WEBSITE  TO  RECEIVE
 COMPLAINTS,  INFORMATION,  OR  REFERRALS  FROM  MEMBERS  OF  THE  PUBLIC
 CONCERNING  A  COVERED  OPERATOR'S  OR ADDICTIVE SOCIAL MEDIA PLATFORM'S
 ALLEGED COMPLIANCE OR NONCOMPLIANCE WITH THE PROVISIONS OF THIS ARTICLE.
   § 3. The mental hygiene law is amended by adding a new section 7.48 to
 read as follows:
 § 7.48. ADDICTIVE SOCIAL MEDIA PLATFORM WARNING LABELS.
   (A) THE COMMISSIONER SHALL, IN CONSULTATION WITH THE  COMMISSIONER  OF
 HEALTH  AND THE COMMISSIONER OF EDUCATION, DESIGN THE TEXT FOR THE WARN-
 ING LABEL FOR ADDICTIVE SOCIAL MEDIA  PLATFORMS  PRESCRIBED  IN  ARTICLE
 FORTY-FIVE-A  OF  THE  GENERAL  BUSINESS  LAW. THE TEXT FOR SUCH WARNING
 LABEL SHALL BE BASED UPON A REVIEW OF MEDICAL AND SOCIOLOGICAL RESEARCH,
 INCLUDING FROM GOVERNMENT PUBLICATIONS AND PEER-REVIEWED SCHOLARLY ARTI-
 S. 4505                             5
 
 CLES, THAT IS AVAILABLE AT THE TIME OF THE INITIAL DESIGN OF SUCH LABEL.
 THE COMMISSIONERS SHALL CONSIDER  FINDINGS  RELATED  TO  THE  IMPACT  OF
 ADDICTIVE  SOCIAL MEDIA PLATFORMS ON THE SOCIAL, EMOTIONAL, AND PHYSICAL
 HEALTH  OF  USERS, INCLUDING ANY PARTICULARIZED FINDINGS FOR USERS UNDER
 THE AGE OF EIGHTEEN. THE COMMISSIONERS  SHALL  REVIEW  ANY  CORRELATIONS
 BETWEEN  PROLONGED  USE OF ADDICTIVE SOCIAL MEDIA PLATFORMS AND ANXIETY,
 DEPRESSION, BODY  DYSMORPHIA,  LOW  SELF-ESTEEM,  DISRUPTIONS  IN  SLEEP
 PATTERNS,   EDUCATIONAL  OUTCOMES,  CHANGES  IN  COGNITIVE  DEVELOPMENT,
 ANALYTICAL SKILLS, CONTEXTUAL THINKING, ATTENTION  SPAN,  MEMORY  FORMA-
 TION,  AND  ANY  OTHER  PHYSICAL OR BEHAVIORAL PATTERNS UNVEILED BY SUCH
 AVAILABLE RESEARCH.
   (B) THE COMMISSIONER SHALL BE EMPOWERED TO UPDATE  THE  TEXT  OF  SUCH
 WARNING LABEL ON AN ANNUAL BASIS TO REFLECT ANY CHANGING DEVELOPMENTS IN
 THE  STATE  OF  AVAILABLE  RESEARCH DESCRIBED IN SUBDIVISION (A) OF THIS
 SECTION. THE COMMISSIONER SHALL  PROMULGATE  RULES  AND  REGULATIONS  TO
 ESTABLISH  THE  PROCESS BY WHICH THE OFFICE SHALL EFFECTUATE SUCH ANNUAL
 UPDATE.
   (C) THE COMMISSIONER SHALL FURTHER  PRESCRIBE,  VIA  RULES  AND  REGU-
 LATIONS,  AT  WHAT  POINT  DURING  A  COVERED USER'S USE OF AN ADDICTIVE
 SOCIAL MEDIA PLATFORM THE WARNING LABEL DESCRIBED HEREIN SHALL APPEAR ON
 SUCH PLATFORM, THE FREQUENCY WITH WHICH SUCH LABEL SHALL  APPEAR  DURING
 SUCH  USER'S  USE, AND THE AMOUNT OF TIME SUCH LABEL SHALL REMAIN PROMI-
 NENTLY DISPLAYED ON THE PLATFORM, BASED ON FACTORS SUCH  AS  THE  EFFEC-
 TIVENESS  OF  THE WARNING LABEL CREATED BY THIS SECTION, THE DURATION OF
 USER TIME ON AN ADDICTIVE SOCIAL MEDIA PLATFORM THAT MAY  BE  ASSOCIATED
 WITH  PARTICULAR HARMS, INCLUDING HARMS ASSOCIATED WITH CERTAIN TIMES OF
 DAY, USER RESPONSE TO SUCH LABEL, CHANGES IN USER  BEHAVIOR  RELATED  TO
 SUCH LABEL, OR ANY OTHER FACTOR DEEMED RELEVANT BY THE COMMISSIONER. THE
 COMMISSIONER  SHALL BE EMPOWERED TO UPDATE THE REGULATIONS PRESCRIBED BY
 THIS SUBDIVISION ON AN ANNUAL BASIS.
   (D) THE COMMISSIONER SHALL ISSUE AN ANNUAL REPORT TO THE GOVERNOR, THE
 ATTORNEY GENERAL, THE TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER  OF
 THE  ASSEMBLY,  THE  CHAIRS OF THE SENATE AND ASSEMBLY EDUCATION COMMIT-
 TEES, THE CHAIRS OF THE SENATE AND ASSEMBLY  MENTAL  HEALTH  COMMITTEES,
 THE CHAIR OF THE SENATE INTERNET AND TECHNOLOGY COMMITTEE, AND THE CHAIR
 OF  THE  ASSEMBLY  SCIENCE  AND  TECHNOLOGY  COMMITTEE  SUMMARIZING: THE
 EFFORTS UNDERTAKEN  BY  THE  OFFICE  TO  STUDY  THE  AVAILABLE  RESEARCH
 DESCRIBED  IN  THIS  SECTION;  HOW  SUCH  STUDY INFORMED THE REGULATIONS
 PRESCRIBING THE DESIGN, TEMPORAL APPEARANCE, AND DURATION OF THE  ADDIC-
 TIVE  SOCIAL  MEDIA  PLATFORM WARNING LABEL ON AN ADDICTIVE SOCIAL MEDIA
 PLATFORM; ANY CHANGES TO THE TEXT  OF  SUCH  LABELS  COMPARED  TO  PRIOR
 YEARS;  AND ANY RECOMMENDED LEGISLATIVE CHANGES TO THIS SECTION, ARTICLE
 FORTY-FIVE-A OF THE GENERAL BUSINESS LAW, AND ANY  SUCCESSOR  PROVISIONS
 THEREOF,  INCLUDING  BUT NOT LIMITED TO STATUTORY UPDATES RELATED TO THE
 INCLUSION OF ADDITIONAL DESIGN FEATURES DEPLOYED BY  COVERED  OPERATORS,
 AS  DEFINED IN SUBDIVISION FOUR OF SECTION FIFTEEN HUNDRED TWENTY OF THE
 GENERAL BUSINESS LAW, WHICH ARE DESIGNED TO PROLONG USE OF AN  ADDICTIVE
 SOCIAL MEDIA PLATFORM.
   (E)  SUCH REPORT SHALL ALSO BE POSTED FOR PUBLIC REVIEW IN A CLEAR AND
 CONSPICUOUS MANNER ON THE OFFICE'S WEBSITE.
   § 4. Severability. If any clause,  sentence,  paragraph,  subdivision,
 section  or part of this act shall be adjudged by any court of competent
 jurisdiction to be invalid, such judgment shall not affect,  impair,  or
 invalidate the remainder thereof, but shall be confined in its operation
 to the clause, sentence, paragraph, subdivision, section or part thereof
 directly  involved  in the controversy in which such judgment shall have
 S. 4505                             6
 
 been rendered. It is hereby declared to be the intent of the legislature
 that this act would have been enacted even if  such  invalid  provisions
 had not been included herein.
   § 5. This act shall take effect on the one hundred eightieth day after
 the  office  of  the  attorney  general shall promulgate rules and regu-
 lations necessary to effectuate the provisions  of  this  act;  provided
 that  the  office  of  the attorney general shall notify the legislative
 bill drafting commission upon the occurrence of  the  enactment  of  the
 rules and regulations necessary to effectuate and enforce the provisions
 of  section  three of this act in order that the commission may maintain
 an accurate and timely effective data base of the official text  of  the
 laws  of  the  state  of  New  York  in  furtherance of effectuating the
 provisions of section 44 of the legislative law and section 70-b of  the
 public  officers  law.  Effective  immediately,  the addition, amendment
 and/or repeal of any rule or regulation necessary for the implementation
 of this act on  its  effective  date  are  authorized  to  be  made  and
 completed on or before such effective date.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Senate Bill S4505

Sponsored By

Current Bill Status - In Senate Committee Internet And Technology Committee

2025-S4505 (ACTIVE) - Details

2025-S4505 (ACTIVE) - Summary

2025-S4505 (ACTIVE) - Sponsor Memo

2025-S4505 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S4505

Share this bill

Sponsored By

Andrew Gounardes

Current Bill Status - In Senate Committee Internet And Technology Committee

2025-S4505 (ACTIVE) - Details

2025-S4505 (ACTIVE) - Summary

2025-S4505 (ACTIVE) - Sponsor Memo

2025-S4505 (ACTIVE) - Bill Text download pdf

Comments