Bill SD.3759

 The 2024 Official Edition of the General Laws is hereby amended by inserting after chapter 93L the following chapter:-

 CHAPTER 93M.

 REGULATING THE USE OF SOCIAL MEDIA PLATFORM ACCOUNTS FOR MINORS

 SECTION 1. As used in this chapter, the following words shall have the following meanings unless the context clearly requires otherwise:

 (a) “Social media platform” means a website or internet application that a social media company makes available for an individual to create an account to communicate with other account holders or users through posts, messages, comments, images, videos, livestreams, or other content, whether publicly or privately, and that includes features designed to enable social interaction, content sharing, and algorithmic content feeds.

 (b) “Minor” means any individual younger than eighteen years of age.

 (c) “Parent or guardian” means a person having legal custody of a minor, including a biological or adoptive parent, legal guardian, or court-appointed custodian.

 (d) “Account” means a persistent, user-specific identity created on a social media platform enabling posting, messaging, following, subscribing, or other interactive features.

 (e) “Hours of use” means cumulative active usage time of a social media platform account measured by the platform, excluding time spent solely on age-verification prompts or consent processes.

 (f) “Department” means the department of elementary and secondary education.

 SECTION 2. AGE-BASED ELIGIBILITY AND ACCESS.

 (a) Commencing November 1, 2026, a social media platform may not permit a minor under the age of fifteen to be an account holder. Social media platforms shall implement reasonable age-verification mechanisms to prevent account creation by such individuals.

 (b) For those age fifteen and sixteen, a social media platform may permit account creation only upon verified parental or guardian consent and must enforce a cap on hours not to exceed a baseline daily maximum of two hours of use per calendar day.

 (c) For those age seventeen, a social media platform may permit account creation only upon verified parental or guardian consent and must enforce a cap on hours not to exceed a baseline daily maximum of three hours of use per calendar day.

 (d) Upon an account holder’s eighteenth birthday, as recorded by the initial birthdate selected during account creation, the platform shall notify the user that all minor restrictions have been lifted and cease enforcement of the minor-specific requirements herein, except as otherwise required by law.

 SECTION 3. PENALTIES

 (a) Civil penalties. A social media platform that knowingly or negligently permits account creation or continued use in violation of section 2 shall be subject to a civil penalty not to exceed $10,000 per violation.

 SECTION 4. ENFORCEMENT

 The department shall promulgate regulations to enforce this act and shall:

 (a) Establish processes or means by which a social media company may meet the age verification requirements of this chapter; provided, however, that social media platforms shall collect only the minimum personal data necessary to verify age and parental consent

 (b) Establish acceptable forms or methods of identification

 (c) Establish requirements for providing confirmation of the receipt of any information provided by a person seeking to verify age under this chapter

 (d) Establish processes or means to confirm that a parent or guardian has provided consent for the minor to open or use an account pursuant to the provisions of this chapter

 (e) Establish requirements for retaining, protecting, and securely disposing of any information obtained by a social media company or its agent as a result of compliance with the requirements of this chapter

 (f) Require that information obtained by a social media company or its agent in order to comply with age verification requirements may not be used for any other purpose; provided, however, that if the department permits an agent to process verification requirements, that the agent have its principal place of business in the United States of America

 (g) Promulgate these regulations consistent with state and federal law

 SECTION 5. This act shall take effect on July 1, 2026.

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