NY State Senate Bill 2025-S4561

Senate Bill S4561

2025-2026 Legislative Session

Prevents interactive computer service providers from knowingly or negligently promoting developed content that is dangerous or otherwise injurious to minors

download bill text pdf

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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 07, 2025	referred to internet and technology

2025-S4561 (ACTIVE) - Details

See Assembly Version of this Bill:: A3335
Current Committee:: Senate Internet And Technology
Law Section:: General Business Law
Laws Affected:: Add §394-cccc, Gen Bus L
Versions Introduced in Other Legislative Sessions:: 2021-2022: S8316, A8558
2023-2024: S2319, A927

2025-S4561 (ACTIVE) - Summary

Prevents interactive computer service providers from knowingly or negligently promoting developed content that is dangerous or otherwise injurious to minors; assesses a civil penalty to social media networks that knowingly or negligently promote such content.

2025-S4561 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S4561

SPONSOR: BAILEY
 
TITLE OF BILL:

An act to amend the general business law, in relation to preventing
interactive computer service providers from knowingly or negligently
promoting developed content that is dangerous or otherwise injurious to
minors

 
PURPOSE OR GENERAL IDEA OF BILL:

To prevent interactive computer service providers from knowingly or
negligently promoting developed content that is dangerous or otherwise
injurious to minors.

 
SUMMARY OF SPECIFIC PROVISIONS:

The bill amends the general business law by adding a new section
proscribing interactive computer service providers from knowingly or
negligently injuring a "targeted minor" with promoted content developed
by said provider. The bill contains definitions for the terms to be

used, including content deemed to be "developed or developing," and
allows civil actions against such providers for actual, physical, and
emotional harm. Includes punitive damages and civil penalties.

 
JUSTIFICATION:

Interactive computer service providers wield immeasurable power in our
society and are free to act in ways that are at odds with our society's
principles. Under Section 230 of the Communications Decency Act, these
service providers are protected from being considered as the publisher
or speaker of user-generated content. As a result, they are not account-
able for any content hosted on their platforms. This is particularly
troubling in the case of impressionable youth who are exposed to a
barrage of exploitative, inflammatory, and predatory content. Worse yet,
most major interactive computer service providers do not take any steps
to verify the age of users, leading to the high risk of children under
the age of 10 being exposed to these types of messages. However, when an
interactive computer service provider develops content "in whole or in
part," it loses its protection under Section 230. This bill aims to hold
interactive computer service providers civilly liable for damages
resulting from content they develop in accordance with Section 230.

The content that an interactive computer service provider directly
alters or creates is referred to as "developed content." However, when
user-generated content is targeted towards an individual based on their
specific characteristics, and in specified ways such as time, location,
and placement of content on a platform, it can also be considered devel-
oped content. For example, social media platforms can promote content
generated by influencers who encourage disordered eating to a targeted
minor based on their personal data. Whether intended or not, the message
can be interpreted by the minor to mean that influential people have
highly restrictive diets.

The purpose of this act is to hold interactive computer service provid-
ers responsible for generating messages that cause actual, physical, or
emotional harm to minors. The act is not intended to hold interactive
computer service providers responsible for targeting users with content
based solely on their location and/or time data, because such informa-
tion, by itself, cannot be employed to knowingly or negligently injure a
targeted minor.

 
PRIOR LEGISLATIVE HISTORY:

2021-22: S8316 - Referred to Internet and Technology

2023-24: S2319 - Referred to Internet and Technology

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect on the one hundred twentieth day after it
shall have become a law.

2025-S4561 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4561
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             February 7, 2025
                                ___________
 
 Introduced  by  Sen.  BAILEY -- 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,  in  relation  to  preventing
   interactive  computer  service providers from knowingly or negligently
   promoting developed content that is dangerous or  otherwise  injurious
   to minors
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The general business law is amended by adding a new section
 394-cccc to read as follows:
   § 394-CCCC. INTERACTIVE COMPUTER SERVICE PROVIDERS; DEVELOPING INJURI-
 OUS CONTENT; MINORS. 1. AS USED IN THIS  SECTION,  THE  FOLLOWING  TERMS
 SHALL HAVE THE FOLLOWING MEANINGS:
   (A)  "INTERACTIVE  COMPUTER  SERVICE  PROVIDERS"  SHALL MEAN A SERVICE
 PROVIDER WHO OPERATES IN THE STATE OF NEW YORK, WHICH, FOR PROFIT-MAKING
 PURPOSES, OPERATES AN INTERNET PLATFORM THAT IS DESIGNED TO  DISSEMINATE
 PUBLIC CONTENT GENERATED BY THIRD PARTIES;
   (B) "CONTENT" SHALL MEAN THE TEXTUAL, VISUAL OR AURAL INFORMATION THAT
 IS GENERATED BY A THIRD PARTY OR AN INTERACTIVE COMPUTER SERVICE PROVID-
 ER;
   (C)  "PROMOTE"  SHALL  MEAN  TO  PRESENT,  OR  OTHERWISE CONVEY, THIRD
 PARTY-GENERATED  OR  INTERACTIVE  COMPUTER  SERVICE   PROVIDER-GENERATED
 CONTENT TO A TARGETED MINOR;
   (D)  "MINOR"  SHALL  MEAN  ANY PERSON UNDER THE AGE OF EIGHTEEN WHO IS
 LOCATED IN THE STATE OF NEW YORK;
   (E) "PLATFORM" MEANS AN APPLICATION OR WEBSITE THAT SERVES AS  A  BASE
 FROM WHICH THE INTERACTIVE COMPUTER SERVICE IS PROVIDED;
   (F)  "TARGETED  MINOR" MEANS A MINOR WHO USES THE INTERACTIVE COMPUTER
 SERVICE, AND WHO THE INTERACTIVE COMPUTER SERVICE PROVIDER  TARGETS  FOR
 THE PURPOSE OF SENDING A DEVELOPED MESSAGE;

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06933-01-5
 S. 4561                             2

 
   (G)  "TARGET,  TARGETS,  TARGETED,  OR TARGETING" SHALL MEAN CONVEYING
 CONTENT TO A TARGETED MINOR SOLELY ON THE BASIS OF THEIR  PERSONAL  DATA
 WHICH INCLUDES, BUT IS NOT LIMITED TO, THE TARGETED MINOR'S:
   (I) LOCATION DATA, WHETHER GENERAL OR PRECISE, INCLUDING:
   (A)  THE  TIME  OF  DAY  IN  THE  MINOR'S  CURRENT OR PREDICTED FUTURE
 LOCATION;
   (B) THE WEATHER IN THE MINOR'S CURRENT OR PREDICTED FUTURE LOCATION;
   (C) THE LOCAL BUSINESSES IN THE MINOR'S CURRENT  OR  FUTURE  PREDICTED
 LOCATION;
   (D) THE NATURAL, ARTIFICIAL, OR PLANNED EVENTS IN THE USERS CURRENT OR
 FUTURE PREDICATED LOCATION;
   (E)  POLITICAL  PREFERENCES IN THE MINOR'S CURRENT OR FUTURE PREDICTED
 LOCATION; AND/OR
   (F) LANDMARKS IN THE MINOR'S CURRENT OR FUTURE PREDICTED LOCATION.
   (II) INCOME RELATED ACTIVITIES, INCLUDING THE MINOR'S:
   (A) INCOME LEVEL;
   (B) PROFESSION;
   (C) EMPLOYMENT STATUS;
   (D) SOURCE OF INCOME; AND/OR
   (E) INVESTMENTS.
   (III) RELATIONSHIP STATUS, INCLUDING WHETHER THE USER IS:
   (A) SINGLE;
   (B) MARRIED;
   (C) DIVORCED;
   (D) ENGAGING IN AN AFFAIR;
   (E) IN A DOMESTIC PARTNERSHIP;
   (F) ENGAGED;
   (G) IN A ROMANTIC OR INTIMATE SOCIAL RELATIONSHIP; AND/OR
   (H) IS CONTEMPLATING OR IS IN THE PROCESS OF TERMINATING  A  RELATION-
 SHIP.
   (IV) SOCIAL STATUS, INCLUDING WHETHER THE USER:
   (A) IS A PUBLIC OFFICIAL;
   (B) IS A PUBLIC FIGURE;
   (C) IS A LIMITED PURPOSE PUBLIC FIGURE;
   (D) IS INVOLUNTARILY THRUST INTO THE PUBLIC DOMAIN;
   (E)  RECEIVES  A  SIGNIFICANT AMOUNT OF ENGAGEMENTS ON THE INTERACTIVE
 COMPUTER SERVICE PROVIDER'S PLATFORM; AND/OR
   (F) RECEIVES AN INSIGNIFICANT AMOUNT OF ENGAGEMENTS  OR  IS  WITHIN  A
 SPECIFIC  THRESHOLD  OF  ENGAGEMENTS  ON AN INTERACTIVE COMPUTER SERVICE
 PROVIDER'S PLATFORM.
   (V) PSYCHOLOGICAL PROFILE, WHETHER GENERATED  BASED  ON  PSYCHOLOGICAL
 CONDITIONS  SET  BY THE INTERACTIVE COMPUTER SERVICE PROVIDER, OR UNIQUE
 OR GENERALLY ACCEPTED PSYCHOLOGICAL CONDITIONS;
   (VI) VETERAN STATUS, INCLUDING WHETHER THE USER:
   (A) HAS SERVED IN THE ARMED FORCES OF THE  UNITED  STATES  OR  ANOTHER
 COUNTRY;
   (B)  IS  CURRENTLY SERVING IN THE ARMED FORCES OF THE UNITED STATES OR
 ANOTHER COUNTRY;
   (C) HAS BEEN DISCHARGED, WHETHER HONORABLY,  FOR  MEDICAL  REASONS  OR
 OTHERWISE; AND/OR
   (D)  IS  NOT  A VETERAN NOR A MEMBER OF THE ARMED FORCES OF THE UNITED
 STATES OR ANOTHER COUNTRY.
   (VII) MEDICAL CONDITION OR STATUS, INCLUDING THE MINOR'S:
   (A) MENTAL STATE;
   (B) PHYSICAL STATE;
   (C) EMOTIONAL STATE; AND/OR
 S. 4561                             3
 
   (D) FREQUENCY OF THEIR RECEIPT OF MEDICAL CARE.
   (VIII) SEX;
   (IX) GENDER;
   (X) NATIONAL ORIGIN;
   (XI) AGE;
   (XII) RACE;
   (XIII) RELIGION; AND
   (XIV) FAMILIAL DEMOGRAPHICS, INCLUDING:
   (A) WHETHER THE USER IS PREGNANT OR EXPECTING A CHILD;
   (B) THE DEMOGRAPHIC MAKEUP OF THE MINOR'S FAMILY;
   (C) THE NUMBER OF PEOPLE IN THE MINOR'S FAMILY;
   (D) THE EMOTIONAL RELATIONSHIP BETWEEN FAMILY MEMBERS; AND/OR
   (E)  AN  IMMEDIATE OR DISTANT RELATIVE'S PERSONAL DATA AS DESCRIBED IN
 SUBPARAGRAPHS (I)-(XIII) OF THIS PARAGRAPH OR THEIR FAMILIAL  DEMOGRAPH-
 ICS STATUS AS DESCRIBED IN CLAUSES(A)-(D) OF THIS SUBPARAGRAPH; AND
   (H) "DEVELOPED OR DEVELOPING" SHALL MEAN:
   (I)  THE  INTERACTIVE COMPUTER SERVICE PROVIDER GENERATING OR ALTERING
 VISIBLE PORTIONS OF CONTENT OR A GROUP OF CONTENT; OR
   (II) THE INTERACTIVE COMPUTER SERVICE PROVIDER  SUFFICIENTLY  ALTERING
 THE  MEANING OF CONTENT OR A GROUP OF CONTENT GENERATED BY THIRD PARTIES
 THROUGH THE CALCULATED TARGETING OF THE SPECIFIC MINOR SUCH THAT  A  NEW
 MESSAGE  IS  DEEMED  TO  BE  CREATED BY THE INTERACTIVE COMPUTER SERVICE
 PROVIDER.
   2. AN INTERACTIVE COMPUTER SERVICE PROVIDER THAT CONDUCTS BUSINESS  IN
 THE  STATE  SHALL  NOT  KNOWINGLY OR NEGLIGENTLY INJURE A TARGETED MINOR
 WITH PROMOTED CONTENT THAT THE  INTERACTIVE  COMPUTER  SERVICE  PROVIDER
 DEVELOPED.
   THE  INTERACTIVE  COMPUTER  SERVICE  PROVIDER  SHALL  BE LIABLE TO THE
 TARGETED MINOR IN A CIVIL ACTION FOR ANY ACTUAL, PHYSICAL, AND EMOTIONAL
 HARM INCURRED FROM A VIOLATION OF THIS  SECTION,  AS  WELL  AS  PUNITIVE
 DAMAGES. SUCH INTERACTIVE COMPUTER SERVICES PROVIDER SHALL INCUR A CIVIL
 PENALTY OF UP TO ONE HUNDRED THOUSAND DOLLARS PER OFFENSE.
   3.  IT  IS NOT A DEFENSE TO THIS SECTION THAT THE INTERACTIVE COMPUTER
 SERVICE PROVIDER INCORRECTLY DETERMINED THE TARGETED MINOR'S DATA.
   4. NOTHING IN THIS SECTION SHALL BE CONSTRUED AS:
   (A) AN OBLIGATION IMPOSED ON AN INTERACTIVE COMPUTER SERVICE  PROVIDER
 THAT  ADVERSELY  AFFECTS  THE RIGHTS OR FREEDOMS OF ANY PERSONS, SUCH AS
 EXERCISING THE RIGHT OF FREE SPEECH PURSUANT TO THE FIRST  AMENDMENT  TO
 THE UNITED STATES CONSTITUTION;
   (B)  AN  ADDITIONAL  OR INCREASED LIABILITY OF AN INTERACTIVE COMPUTER
 SERVICE PROVIDER  FOR  ANYTHING  OTHER  THAN  KNOWINGLY  OR  NEGLIGENTLY
 PROMOTING CONTENT THAT IS DETRIMENTAL TO MINORS WHO USE SUCH INTERACTIVE
 COMPUTER SERVICE PROVIDER PROMOTING CONTENT TO NON-TARGETED MINORS BASED
 SOLELY ON THEIR LOCATION AND/OR TIME DATA;
   (C) CREATING ANY LIABILITY FOR AN INTERACTIVE COMPUTER SERVICE PROVID-
 ER FOR PROMOTING CONTENT THAT IS NOT SUFFICIENTLY DEVELOPED TO BE DEEMED
 A VIOLATION OF THE PROVISIONS OF SUBDIVISION TWO OF THIS SECTION; OR
   (D) CREATING ANY LIABILITY FOR AN INTERACTIVE COMPUTER SERVICE PROVID-
 ER  FOR  PROMOTING DANGEROUS OR OTHERWISE INJURIOUS DEVELOPED CONTENT IN
 ANOTHER STATE.
   5. IN DETERMINATION OF ANY SUCH VIOLATION, THE ATTORNEY GENERAL  SHALL
 BE  AUTHORIZED  TO  TAKE  PROOF AND MAKE A DETERMINATION OF THE RELEVANT
 FACTS AND TO ISSUE SUBPOENAS IN ACCORDANCE WITH THE CIVIL  PRACTICE  LAW
 AND RULES.
   § 2. This act shall take effect on the one hundred twentieth day after
 it shall have become a law.

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