New Yorkers will soon need to verify their age to access algorithmically curated feeds on platforms like Instagram and TikTok, or to receive notifications between midnight and 6 AM. New York Attorney General Letitia James released final rules in 2026 outlining how social media platforms must implement the SAFE for Kids Act, which Governor Kathy Hochul signed into law in June 2024. The law takes effect on January 25, 2027.
The rules apply to social media platforms that host user-generated content and where users spend at least 20 percent of their time on algorithmic feeds. Platforms must verify users’ ages before granting access to those feeds or late-night notifications. While the rules do not mandate a specific verification method, they require low false positive rates and the ability to detect circumvention attempts 98 percent of the time. Platforms may use government-issued ID but must also offer at least one alternative. Any data collected for age verification must be immediately deleted or de-identified after use.
For users under 18, the rules establish a parental consent process. Minors can request a parent’s permission to access age-gated features and must agree to their parents being notified. However, platforms cannot block minors from using non-age-gated parts of an app simply because parental consent has not been given. Both parents and minors may withdraw consent at any time, and platforms are not required to share minors’ search history or browsing topics with parents as part of the consent process.
Platforms that fail to comply after the law takes effect could face fines of up to $5,000 per violation. The final rules closely mirror the AG’s initial proposal from September 2025. Opponents have raised concerns that age verification requirements could affect users’ privacy and free speech rights, and courts have frequently sided with the tech industry in blocking similar state-level laws — though the Supreme Court’s decision upholding a Texas age verification law for adult websites may leave more room for such requirements to stand.
Source: The Verge