Legislation
SECTION 1500
Definitions
General Business (GBS) CHAPTER 20, ARTICLE 45
* § 1500. Definitions. For the purposes of this article, the following
terms shall have the following meanings:
1. "Addictive feed" shall mean a website, online service, online
application, or mobile application, or a portion thereof, in which
multiple pieces of media generated or shared by users of a website,
online service, online application, or mobile application, either
concurrently or sequentially, are recommended, selected, or prioritized
for display to a user based, in whole or in part, on information
associated with the user or the user's device, unless any of the
following conditions are met, alone or in combination with one another:
(a) the recommendation, prioritization, or selection is based on
information that is not persistently associated with the user or user's
device, and does not concern the user's previous interactions with media
generated or shared by other users;
(b) the recommendation, prioritization, or selection is based on
user-selected privacy or accessibility settings, or technical
information concerning the user's device;
(c) the user expressly and unambiguously requested the specific media,
media by the author, creator, or poster of media the user has subscribed
to, or media shared by users to a page or group the user has subscribed
to, provided that the media is not recommended, selected, or prioritized
for display based, in whole or in part, on other information associated
with the user or the user's device that is not otherwise permissible
under this subdivision;
(d) the user expressly and unambiguously requested that specific
media, media by a specified author, creator, or poster of media the user
has subscribed to, or media shared by users to a page or group the user
has subscribed to pursuant to paragraph (c) of this subdivision, be
blocked, prioritized or deprioritized for display, provided that the
media is not recommended, selected, or prioritized for display based, in
whole or in part, on other information associated with the user or the
user's device that is not otherwise permissible under this subdivision;
(e) the media are direct and private communications;
(f) the media are recommended, selected, or prioritized only in
response to a specific search inquiry by the user;
(g) the media recommended, selected, or prioritized for display is
exclusively next in a pre-existing sequence from the same author,
creator, poster, or source; or
(h) the recommendation, prioritization, or selection is necessary to
comply with the provisions of this article and any regulations
promulgated pursuant to this article.
2. "Addictive social media platform" shall mean a website, online
service, online application, or mobile application, that offers or
provides users an addictive feed as a significant part of the services
provided by such website, online service, online application, or mobile
application.
3. "Covered minor" shall mean a user of a website, online service,
online application, or mobile application in New York when the operator
has actual knowledge the user is a minor.
4. "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
thereof.
5. "Media" shall mean text, an image, or a video.
6. "Minor" shall mean an individual under the age of eighteen.
7. "Covered operator" shall mean any person, business, or other legal
entity, who operates or provides an addictive social media platform.
8. "Parent" shall mean parent or legal guardian.
* NB Effective on the 180th day after the office of the attorney
general promulgates rules and regulations necessary (see chapter 120 of
2024 § 5)
terms shall have the following meanings:
1. "Addictive feed" shall mean a website, online service, online
application, or mobile application, or a portion thereof, in which
multiple pieces of media generated or shared by users of a website,
online service, online application, or mobile application, either
concurrently or sequentially, are recommended, selected, or prioritized
for display to a user based, in whole or in part, on information
associated with the user or the user's device, unless any of the
following conditions are met, alone or in combination with one another:
(a) the recommendation, prioritization, or selection is based on
information that is not persistently associated with the user or user's
device, and does not concern the user's previous interactions with media
generated or shared by other users;
(b) the recommendation, prioritization, or selection is based on
user-selected privacy or accessibility settings, or technical
information concerning the user's device;
(c) the user expressly and unambiguously requested the specific media,
media by the author, creator, or poster of media the user has subscribed
to, or media shared by users to a page or group the user has subscribed
to, provided that the media is not recommended, selected, or prioritized
for display based, in whole or in part, on other information associated
with the user or the user's device that is not otherwise permissible
under this subdivision;
(d) the user expressly and unambiguously requested that specific
media, media by a specified author, creator, or poster of media the user
has subscribed to, or media shared by users to a page or group the user
has subscribed to pursuant to paragraph (c) of this subdivision, be
blocked, prioritized or deprioritized for display, provided that the
media is not recommended, selected, or prioritized for display based, in
whole or in part, on other information associated with the user or the
user's device that is not otherwise permissible under this subdivision;
(e) the media are direct and private communications;
(f) the media are recommended, selected, or prioritized only in
response to a specific search inquiry by the user;
(g) the media recommended, selected, or prioritized for display is
exclusively next in a pre-existing sequence from the same author,
creator, poster, or source; or
(h) the recommendation, prioritization, or selection is necessary to
comply with the provisions of this article and any regulations
promulgated pursuant to this article.
2. "Addictive social media platform" shall mean a website, online
service, online application, or mobile application, that offers or
provides users an addictive feed as a significant part of the services
provided by such website, online service, online application, or mobile
application.
3. "Covered minor" shall mean a user of a website, online service,
online application, or mobile application in New York when the operator
has actual knowledge the user is a minor.
4. "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
thereof.
5. "Media" shall mean text, an image, or a video.
6. "Minor" shall mean an individual under the age of eighteen.
7. "Covered operator" shall mean any person, business, or other legal
entity, who operates or provides an addictive social media platform.
8. "Parent" shall mean parent or legal guardian.
* NB Effective on the 180th day after the office of the attorney
general promulgates rules and regulations necessary (see chapter 120 of
2024 § 5)