Prohibits social media platforms from using certain practices or features that cause child users to become addicted to platform.
Summary
S4035 would prohibit social media platforms from using practices, designs, features, or affordances that the platform knew or reasonably should have known would cause child users to become addicted to the platform. The bill defines addiction in terms of compulsive use accompanied by physical, mental, emotional, developmental, or material harm to users under 18. It applies to public or semi-public internet-based services that allow users to create profiles, connect with other users, and post content, while excluding certain business communication tools and some email or direct-messaging functionality by itself.
The bill creates a compliance-based safe harbor: a platform would not be deemed in violation if it maintains a quarterly internal audit program, hires an independent third party for an annual audit, and corrects any identified addictive practice within 30 days after the audit. It also exempts platforms controlled by businesses with less than $100 million in gross revenue in the prior year and platforms whose primary function is video gaming. The measure expressly limits liability for user-generated content, third-party content passively displayed, content not created or developed by the platform, and conduct protected by federal law or constitutional free-speech provisions.
Impact
If enacted, the bill would add a new consumer-protection-style restriction to Title 56 of the Revised Statutes aimed specifically at social media design features affecting minors. It would expose covered platforms to civil penalties of up to $250,000 per violation, enforceable through summary proceedings under the Penalty Enforcement Law of 1999 in Superior Court or municipal court. The bill would likely affect platform product design, internal auditing, and compliance practices, while leaving smaller companies and video-game-focused platforms outside its scope.
Sentiment
The available materials show a generally protective, child-safety-oriented purpose, with the bill framed as a response to addictive social media practices affecting minors. Because there are no committee transcripts or recorded votes in the provided context, there is no documented public debate or formal vote history to indicate broader support or opposition. The text itself suggests an intent to balance regulation with exemptions and liability limits, which may be designed to make the proposal more defensible and targeted.
Contention
The main points of contention likely center on whether the bill is too broad or too vague in targeting platform features that may contribute to addiction, and whether it could conflict with federal Section 230 protections or First Amendment rights. Social media companies may object to the audit mandates, the 30-day remediation requirement, and the per-violation penalty structure, while child-safety advocates would likely support those same provisions as necessary safeguards. The exemptions for smaller platforms and video game services suggest an effort to narrow the bill’s reach and address concerns about overregulation.