S T A T E O F N E W Y O R K
________________________________________________________________________
10561
I N A S S E M B L Y
March 13, 2026
___________
Introduced by M. of A. BORES -- read once and referred to the Committee
on Consumer Affairs and Protection
AN ACT to amend the general business law, in relation to enacting the
"SAFE platforms act"
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. This act shall be known and may be cited as the "stopping
abuse and fraud enabled by (SAFE) platforms act".
§ 2. The general business law is amended by adding a new article 48 to
read as follows:
ARTICLE 48
SAFE PLATFORMS ACT
SECTION 1705. DEFINITIONS.
1706. PROHIBITIONS.
1707. MECHANISMS TO PREVENT FRAUD.
1708. KNOW YOUR CUSTOMER REQUIREMENTS.
1709. CONSUMER TRANSPARENCY.
1710. NONDISCRIMINATION.
1711. PROHIBITION ON DARK PATTERNS.
1712. EXCEPTIONS.
1713. REMEDIES.
1714. RULEMAKING AUTHORITY.
§ 1705. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING TERMS
SHALL HAVE THE FOLLOWING MEANINGS:
1. "ADVERTISER" MEANS ANY PERSON OR ENTITY THAT PAYS A COVERED PLAT-
FORM TO DISPLAY, PROMOTE, OR OTHERWISE DISSEMINATE CONTENT TO USERS OF
SUCH PLATFORM.
2. "CONSUMER" OR "CONSUMER USER" MEANS A USER IN NEW YORK STATE ON A
COVERED PLATFORM THAT IS ACTING NEITHER AS AN OPERATOR OF A COVERED
PLATFORM NOR AS AN ADVERTISER ON SUCH PLATFORM.
3. "COVERED PLATFORM" MEANS A SOCIAL MEDIA PLATFORM AS DEFINED IN
SUBDIVISION FIVE OF SECTION ELEVEN HUNDRED OF THIS CHAPTER THAT IS
ACCESSED BY OR OFFERED TO A USER AS DEFINED IN SUBDIVISION EIGHT OF THIS
SECTION.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15173-02-6
A. 10561 2
4. "FRAUD" MEANS ANY REPRESENTATION, OMISSION, OR PRACTICE THAT:
(A) IS LIKELY TO MISLEAD A CONSUMER ACTING REASONABLY UNDER THE
CIRCUMSTANCES; AND
(B) IS MATERIAL TO CONSUMER DECISION-MAKING.
5. "FRAUDULENT CONTENT" MEANS CONTENT THAT CONSTITUTES FRAUD AS
DEFINED IN SUBDIVISION FOUR OF THIS SECTION.
6. "MATERIALLY CONTRIBUTE" MEANS ENCOURAGING OR INDUCING AN ADVERTISER
OR USER TO DEVELOP OR DISSEMINATE FRAUDULENT CONTENT BY MEANS OF CONDUCT
THAT GOES BEYOND THE PROVISION OF NEUTRAL TOOLS BY A COVERED PLATFORM TO
DEVELOP OR DISSEMINATE SUCH CONTENT.
7. "OPERATOR" MEANS A PERSON, BUSINESS, OR OTHER LEGAL ENTITY WHO
OPERATES OR PROVIDES A COVERED PLATFORM.
8. "PURCHASE ADVERTISEMENTS" MEANS THAT AN ADVERTISER HAS PAID A
COVERED PLATFORM TO DISPLAY, PROMOTE, OR OTHERWISE DISSEMINATE CONTENT
TO USERS OF SUCH PLATFORM.
9. "USER" MEANS A USER OF A COVERED PLATFORM IN NEW YORK STATE THAT IS
NOT ACTING AS AN OPERATOR OR AGENT OR AFFILIATE OF SUCH OPERATOR FOR A
COVERED PLATFORM OR ANY PORTION THEREOF.
§ 1706. PROHIBITIONS. 1. NO COVERED PLATFORM SHALL MATERIALLY CONTRIB-
UTE TO THE DEVELOPMENT OF FRAUDULENT CONTENT.
2. NO COVERED PLATFORM SHALL RECOMMEND, PROMOTE, CURATE, PRIORITIZE,
OR DISPLAY FRAUDULENT CONTENT FOR DELIVERY TO A USER IF IT KNOWS OR HAS
REASON TO KNOW THAT THE CONTENT IS FRAUDULENT.
3. NO COVERED PLATFORM SHALL FAIL TO ENFORCE SUCH PLATFORM'S PUBLISHED
TERMS, POLICIES, OR COMMUNITY STANDARDS CONCERNING FRAUDULENT CONTENT
WHERE:
(A) USERS REASONABLY RELIED ON SPECIFIC REPRESENTATIONS IN SUCH TERMS
REGARDING FRAUD PREVENTION, DETECTION, OR REMOVAL; OR
(B) SUCH FAILURE DEMONSTRATES SYSTEMATIC DISREGARD FOR SUCH PLATFORM'S
COMMITMENTS TO PREVENT FRAUD.
§ 1707. MECHANISMS TO PREVENT FRAUD. 1. (A) COVERED PLATFORMS MUST
PROVIDE AN EASILY ACCESSIBLE MECHANISM FOR CONSUMER USERS TO REPORT
FRAUDULENT CONTENT THAT CONSUMER USERS BELIEVE TO BE FRAUDULENT. SUCH
MECHANISM SHALL ALLOW CONSUMER USERS TO PROVIDE THEIR IDENTITY, CONTACT
INFORMATION, AND A SPECIFIC FACTUAL BASIS FOR SUCH CONSUMER USER'S
BELIEF THAT THE CONTENT IS FRAUDULENT.
(B) COVERED PLATFORMS MUST ACKNOWLEDGE RECEIPT OF SUCH REPORTS WITHIN
THREE DAYS.
2. COVERED PLATFORMS SHALL IMPLEMENT REASONABLE MEASURES TO DETECT AND
PREVENT THE CREATION OF MULTIPLE ACCOUNTS BY THE SAME INDIVIDUAL FOR THE
PURPOSE OF DISSEMINATING FRAUDULENT CONTENT, INCLUDING:
(A) ACCOUNTS CREATED SHORTLY AFTER SUSPENSION OR REMOVAL OF ANOTHER
ACCOUNT THAT SUCH PLATFORM HAD IDENTIFIED AS DISSEMINATING FRAUDULENT
CONTENT, WHERE SUCH PLATFORM HAS REASON TO BELIEVE THAT SUCH NEWLY
CREATED ACCOUNT MAY BE ASSOCIATED WITH OR LINKED TO SUCH PREVIOUSLY
SUSPENDED OR REMOVED ACCOUNT;
(B) ACCOUNTS THAT EXHIBIT SUBSTANTIALLY SIMILAR PATTERNS OF FRAUDULENT
BEHAVIOR TO ACCOUNTS PREVIOUSLY SUSPENDED FOR DISSEMINATING FRAUDULENT
CONTENT; AND
(C) COORDINATED NETWORKS OF ACCOUNTS PROMOTING FRAUDULENT CONTENT.
3. COVERED PLATFORMS SHALL ESTABLISH AND MAINTAIN SYSTEMS AND PROCE-
DURES TO TRACK ADVERTISERS FOUND TO HAVE DISSEMINATED FRAUDULENT
CONTENT. COVERED PLATFORMS SHALL APPLY ENHANCED SCRUTINY TO NEWLY
CREATED ACCOUNTS THAT SHARE CHARACTERISTICS WITH ACCOUNTS PREVIOUSLY
SUSPENDED OR REMOVED BY SUCH PLATFORM DUE TO SUCH ACCOUNT'S DISSEM-
INATION OF FRAUDULENT CONTENT AND SHALL TAKE REASONABLE MEASURES TO
A. 10561 3
PREVENT USERS KNOWN BY THE PLATFORM TO HAVE CREATED SUCH PREVIOUSLY
SUSPENDED OR REMOVED ACCOUNTS FROM PURCHASING FUTURE ADVERTISEMENTS ON
SUCH PLATFORMS.
§ 1708. KNOW YOUR CUSTOMER REQUIREMENTS. 1. COVERED PLATFORMS SHALL
USE COMMERCIALLY REASONABLE AND TECHNICALLY FEASIBLE METHODS TO VERIFY
THE IDENTITY OF ADVERTISERS BEFORE ALLOWING SUCH ADVERTISERS TO PURCHASE
ADVERTISEMENTS ON SUCH PLATFORM. SUCH VERIFICATION METHODS SHALL GATHER,
AT A MINIMUM:
(A) THE ADVERTISER'S LEGAL NAME AND PHYSICAL ADDRESS;
(B) THE ADVERTISER'S EMAIL ADDRESS AND PHONE NUMBER;
(C) THE ADVERTISER'S TAX IDENTIFICATION NUMBER OR OTHER GOVERNMENT-IS-
SUED IDENTIFIER;
(D) TO THE EXTENT APPLICABLE BECAUSE THE ADVERTISER IS A BUSINESS
ENTITY, DOCUMENTATION ESTABLISHING THE LEGAL EXISTENCE OF SUCH ENTITY,
SUCH AS ARTICLES OF INCORPORATION, REGISTRATION CERTIFICATES, OR EQUIV-
ALENT DOCUMENTATION ISSUED BY A GOVERNMENTAL AUTHORITY; AND
(E) A DECLARATION OF THE NATURE OF THE PRODUCT, SERVICE, OR OPPORTU-
NITY BEING ADVERTISED AND TYPE OF INDUSTRY SUCH PRODUCT, SERVICE, OR
OPPORTUNITY MAY BE CATEGORIZED UNDER.
2. COVERED PLATFORMS SHALL VERIFY METHODS OF PAYMENT OF AN ADVERTISER.
3. COVERED PLATFORMS SHALL MAINTAIN RECORDS OF THE VERIFICATION INFOR-
MATION DESCRIBED HEREIN FOR A PERIOD OF AT LEAST THREE YEARS FROM THE
DATE OF THE ADVERTISER'S LAST PURCHASE OF AN ADVERTISEMENT ON SUCH PLAT-
FORM.
4. COVERED PLATFORMS SHALL PROMPTLY PROVIDE ANY RELEVANT ADVERTISER
INFORMATION UPON RECEIPT OF A VALID SUBPOENA OR COURT ORDER FROM A LAW
ENFORCEMENT AGENCY IN CONNECTION TO AN INVESTIGATION OF FRAUDULENT
ACTIVITY.
§ 1709. CONSUMER TRANSPARENCY. 1. COVERED PLATFORMS SHALL PROVIDE
CONSUMER USERS WITH INFORMATION ABOUT ADVERTISERS ON SUCH PLATFORM,
INCLUDING THE LEGAL NAME OF THE ADVERTISER, THE COUNTRY OR JURISDICTION
WHERE SUCH ADVERTISER IS BASED, AND HOW LONG THE ADVERTISER HAS MAIN-
TAINED AN ACCOUNT ON THE PLATFORM.
2. THE INFORMATION DESCRIBED IN SUBDIVISION ONE OF THIS SECTION SHALL
BE VIEWABLE THROUGH DIRECT DISPLAY ON THE ADVERTISEMENT, A CLEARLY VISI-
BLE LINK, BUTTON, ICON, OR OTHER FORM OF MANIFEST DISCLOSURE, OR THROUGH
OTHER REASONABLY ACCESSIBLE MEANS.
§ 1710. NONDISCRIMINATION. AN OPERATOR SHALL NOT WITHHOLD, DEGRADE,
LOWER THE QUALITY, OR INCREASE THE PRICE OF ANY PRODUCT, SERVICE, OR
FEATURE TO A USER DUE TO SUCH OPERATOR'S OBLIGATIONS UNDER THIS ARTICLE.
§ 1711. PROHIBITION ON DARK PATTERNS. 1. THE REPORTING PROVISIONS IN
SUBDIVISION TWO OF SECTION SEVENTEEN HUNDRED SEVEN OF THIS ARTICLE AND
THE CONSUMER TRANSPARENCY PROVISIONS IN SECTION SEVENTEEN HUNDRED NINE
OF THIS ARTICLE SHALL BE PRESENTED IN A CLEAR AND ACCESSIBLE MANNER TO A
USER ON A COVERED PLATFORM.
2. IT SHALL BE UNLAWFUL FOR SUCH PLATFORM TO DEPLOY ANY MECHANISM OR
DESIGN WHICH INTENTIONALLY INHIBITS THE PURPOSE OF THIS ARTICLE OR MAKES
IT MORE DIFFICULT FOR A CONSUMER TO EXERCISE ANY OF THEIR RIGHTS UNDER
THIS ARTICLE.
§ 1712. EXCEPTIONS. 1. NOTHING IN THIS ARTICLE SHALL BE INTERPRETED OR
CONSTRUED TO IMPOSE LIABILITY IN A MANNER THAT IS INCONSISTENT WITH 47
USC §230.
2. THIS ARTICLE SHALL NOT APPLY TO CONTENT THAT IS TRANSMITTED THROUGH
BUT NOT STORED ON A COVERED PLATFORM.
§ 1713. REMEDIES. 1. A VIOLATION OF THIS ARTICLE SHALL CONSTITUTE AN
UNFAIR, DECEPTIVE, OR ABUSIVE ACT OR PRACTICE UNDER SECTION THREE
A. 10561 4
HUNDRED FORTY-NINE OF THIS CHAPTER FOR THE PURPOSES OF A RIGHT OF ACTION
GRANTED TO THE ATTORNEY GENERAL. SUCH VIOLATION SHALL BE SUBJECT TO ALL
THE INVESTIGATORY AND ENFORCEMENT POWERS CONFERRED UPON THE ATTORNEY
GENERAL UNDER SUCH SECTION.
2. NOTWITHSTANDING SECTION THREE HUNDRED FIFTY-D OF THIS CHAPTER, THE
ATTORNEY GENERAL MAY SEEK A CIVIL PENALTY OF UP TO FIVE THOUSAND DOLLARS
PER VIOLATION PER DAY THAT SUCH VIOLATION CONTINUES. THE ATTORNEY GENER-
AL MAY FURTHER SEEK RESTITUTION FOR USERS WHO SUFFERED MONETARY HARM DUE
TO A VIOLATION OF THIS ARTICLE AS WELL AS THE RECOVERY OF REASONABLE
ATTORNEYS' FEES AND COSTS.
§ 1714. RULEMAKING AUTHORITY. THE ATTORNEY GENERAL MAY PROMULGATE SUCH
RULES AND REGULATIONS AS ARE NECESSARY TO EFFECTUATE AND ENFORCE THE
PROVISIONS OF THIS ARTICLE.
§ 3. 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
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.
§ 4. This act shall take effect on the one hundred eightieth day after
it shall have become a law. Effective immediately, the addition, amend-
ment and/or repeal of any rule or regulation necessary for the implemen-
tation of this act on its effective date are authorized to be made and
completed on or before such effective date.