New Jersey Enacts Kids Code Act to Mandate 'Safe by Default' Social Media

Governor Mikie Sherrill signed a three-bill legislative package on August 11, 2026, designed to shield children from the harmful effects of social media. The move establishes the New Jersey Kids Code Act, shifting the burden of safety from parents to technology companies.

At the center of the package is the New Jersey Kids Code Act (S-3413), which mandates that any online service likely to be used by minors must set the highest available privacy and safety protections as the default settings. Beyond these configurations, the law restricts advertising directed toward children and places strict limits on how companies collect and utilize the personal information of minors.

Complementing these regulatory mandates, bills S-3411 and S-3412 authorize the creation of a Social Media Research Center. This center, to be hosted at a New Jersey public college or university, is tasked with studying addictive social media behaviors in youth and recommending evidence-based public policies to the state government.

The Push for State-Level Accountability

The legislation, sponsored by State Senators Raj Mukherji and Linda Greenstein, arrives during a period of escalating concern over youth mental health. State officials have specifically pointed to the rise of anxiety and depression linked to social media consumption as a primary driver for the laws.

Governor Sherrill framed the legislation as a necessary response to a perceived lack of federal oversight. "Big Tech might have stopped politicians in Washington from holding them accountable, but they won’t stop us here in New Jersey," Sherrill stated. State Senator Raj Mukherji echoed this urgency, noting that young people are facing "unprecedented mental health challenges" and that the state has a responsibility to understand the contributing factors.

Implications for Big Tech

This legislative shift represents a move toward "age-appropriate design" mandates. Rather than relying solely on age verification—which has proven difficult to enforce—New Jersey is requiring platforms to be safe by default for all potential minor users. This approach targets the algorithmic influence and data-harvesting practices that critics argue contribute to addictive usage patterns.

By pairing these mandates with a dedicated research center, New Jersey is building a data-driven pipeline. The findings from the state-funded research center will likely provide the empirical justification for further regulatory restrictions on the algorithmic practices of major technology firms.

What to Watch

As the state begins the process of selecting a host institution for the Social Media Research Center, the industry will be watching how the state defines "likely to be used by minors." This definition will determine the scope of companies required to overhaul their default settings. While the laws are now signed, the specific implementation guidelines and the timeline for compliance for tech companies remain the primary points of focus.