{"id":13502,"date":"2026-09-04T09:23:13","date_gmt":"2026-09-04T13:23:13","guid":{"rendered":"https:\/\/fosi.org\/?post_type=policy-list&p=13502"},"modified":"2026-09-04T09:24:43","modified_gmt":"2026-09-04T13:24:43","slug":"explained-new-kids-code-in-new-jersey","status":"publish","type":"policy-list","link":"https:\/\/fosi.org\/policy\/explained-new-kids-code-in-new-jersey\/","title":{"rendered":"Explained: New Kids Code in New Jersey"},"content":{"rendered":"\n

Background<\/strong><\/p>\n\n\n\n

New Jersey joins Maryland, California, Nebraska, and Vermont as the latest states to pass the Age-Appropriate Design Code (NJAADC). Governor Mikie Sherrill began advocating for kids\u2019 online safety measures during her campaign in 2025, and has followed through on those campaign promises. As Governor, she has signed a package of Executive Orders including Executive Order 6 which, among other directives, would establish the Office of Youth and Mental Health Safety and Awareness. This department would prioritize children\u2019s mental health in digital environments, engage with expert stakeholders, and establish more collaboration across departments.  <\/p>\n\n\n\n

In 2025, FOSI wrote a comprehensive summary outlining the key similarities and differences in the Codes across the states in Cracking the Codes: What Age Appropriate Design Means for Parents and Families<\/a>. This brief provides an update on the most recent Kids Code and how it could impact New Jersey families.<\/p>\n\n\n\n

Overview<\/strong><\/p>\n\n\n\n

The NJAADC protects kids and teens by requiring strong default privacy and safety settings for minors. The knowledge standard – if and how a platform knows the age of a user – is important to determine how data is collected and which accounts belong to minors. <\/p>\n\n\n\n

Who is Covered?<\/strong><\/p>\n\n\n\n

Some of the biggest issues in the kids online safety debate are: what platforms are going to be in scope of the law, what ages do the regulations apply to, and subsequently, what do other users (adults) have to do to satisfy the law. For instance, definitions of covered platforms that exclude popular apps that children use could make a law ineffective. Definitions that include platforms that do not pose the same risks could impose burdensome requirements on users unnecessarily. Here is how the NJAADC defines the platforms it will cover and the ages the regulations would apply to.<\/p>\n\n\n\n

Users<\/p>\n\n\n\n

The New Jersey Kids Code defines \u201cminor users\u201d as anyone under the age of 18, while “child\u201d refers to anyone under the age of 13. This means that the provisions of the law, including the features designated safe or unsafe for kids, would apply to anyone under the age of 18. While the law defines these two age groups separately, there are no differences in the online experiences or safety mandates for either group and they are essentially treated the same.<\/p>\n\n\n\n

Potential impact<\/em><\/p>\n\n\n\n

FOSI believes in a proportional, tiered approach to children\u2019s online experiences, similar to what is mirrored in the real world. Just as children develop and have new experiences in the real world, they should also be able to do so online in ways that reflect their increasing maturity and agency. Applying the same guidelines to all minors may not always be appropriate. It remains to be seen if these definitions will come into play in the future, but for now 13 to 17 year olds will share the same privacy and safety settings by default.<\/p>\n\n\n\n

Platforms<\/p>\n\n\n\n

The law applies to platforms that conduct business in New Jersey, generate more than $25 million in revenue annually, and are \u201creasonably likely to be accessed by a child or a minor.\u201d This is defined by three factors: if a platform is directed to a child as defined by the Children\u2019s Online Privacy Protection Act, if at least 2% of the platform consists of users between the ages of two and seventeen, or if the platform knew or should have known that the online service was being accessed by a 2 to 17 year old. This definition covers the major social media platforms. The law explicitly excludes, however, telecommunications companies and apps that are used exclusively for sending private and direct messages. <\/p>\n\n\n\n

Age Assurance<\/strong><\/p>\n\n\n\n

Age assurance is a key component of all kids\u2019 online safety bills. The NJAADC broadly explains the ways in which platforms should determine a user’s age. The law uses an \u201cactual knowledge\u201d standard for companies. In this instance, it is a broad definition meaning that an online service provider must use all information available to them. This includes a commercially-reasonable age assurance mechanism, age flags, and\/or inferences made by the platform for marketing and advertising purposes, to determine the age of the user. This inclusive definition could help avoid some of the challenges previously faced by laws that explicitly required age verification to access social media, such as privacy concerns and limiting access to protected speech. Platforms would have to use all information reasonably available to them to infer the age of a user.<\/p>\n\n\n\n

What the law will do and what this will look like for children and families<\/strong><\/p>\n\n\n\n

The NJAADC outlines several safeguards companies, specifically those with algorithmic recommendation systems, must comply with. They include:<\/p>\n\n\n\n