Social media accounts for minors and providing a penalty

1. A social media platform must set the default privacy settings for a minor’s account at the most private levels and may not change these settings unless it obtains verifiable parental consent to do so. To obtain verifiable parental consent, the social media platform must provide an option for the parent to receive a separate password allowing the parent to monitor and set controls on the minor’s account.

2. A social media platform may not present specified addictive features in the display or feed of a minor, including infinite scrolling; a profile-based feed; push notifications; autoplay video; displaying the number of “likes,” shares, or repostings of the minor’s posted content; or any award or recognition related to the minor’s number of followers or postings or other metrics of usage or performance.

3. A social media platform must prevent profile-based, paid commercial advertising in the display or feed of a minor.

4. A social media platform must terminate an account if it concludes, or obtains information from which it reasonably should conclude, that the account holder is a minor, unless the social media platform obtains verifiable parental consent for the account. A social media platform must terminate an account of a minor within seven days of receiving a request for termination from the minor or within 14 days of receiving a request for termination from the minor’s parent. The social media platform must also provide clear, simple, and easy-to-locate means for a minor’s parent to request termination of a minor’s account.

The bill requires the Department of Agriculture, Trade and Consumer Protection to investigate alleged violations of the bill’s provisions. DATCP, or the Department of Justice or a district attorney in consultation with DATCP, may bring an action to enforce the provisions of the bill and may seek a civil forfeiture of $100 per violation, injunctive relief, an order to pay damages to an injured minor or the minor’s parent, disgorgement of money received by the social media platform, attorney fees, and other costs of investigation and prosecution. In addition, a minor, or the minor’s parent, aggrieved by a negligent, reckless, or knowing violation may bring a civil action against the social media platform. If the violation was reckless or knowing, the minor or parent may recover damages of $10,000 or actual damages, whichever is greater, for each violation. If the violation was part of a pattern of reckless or knowing conduct, the court may award punitive damages. A prevailing minor or parent may also recover court costs and reasonable attorney fees. However, a social media platform is not liable to a minor or parent for a violation if it used reasonable means and efforts to comply with the requirements of the bill. In addition, if a social media platform permits a minor to open or continue an account without verifiable parental consent, any contract pertaining to the account is void and unenforceable.