SB 758

This bill creates certain prohibitions related to social media platforms’ treatment of minors. “Social media platform” is defined in the bill to mean a public or semipublic online website, service, or application that 1) is used by a minor in this state; 2) allows users to construct a public or semipublic profile for the purposes of using the website, service, or application; 3) allows users to create or post content that is viewable by other users, including on message boards, in chat rooms, or through a landing page or main feed that presents the user with content generated by other users; and 4) allows users to privately message each other as a significant part of the provision of the website, service, or application.

The bill prohibits social media platforms from gathering, using, selling, offering, or retaining data relating to a minor’s use of or interaction with a social media platform. The bill also prohibits social media platforms from selecting, prioritizing, deprioritizing, or recommending content for a minor based on data gathered about the minor or from a device used by the minor to access the Internet. The bill contains certain exceptions to these prohibitions, including that a social media platform may gather and retain the data necessary for a minor to establish and maintain the minor’s social media platform account, and a social media platform may suggest content for a minor in response to a specific search conducted by the minor on the social media platform. The bill requires social media platforms to employ a reliable, industry-accepted method approved by the Department of Justice that determines whether a user of the social media platform is a minor, and requires social media platforms to prevent targeted advertising from being shown to a minor user of the social media platform.

The bill requires DOJ to create and maintain a website to receive complaints, information, or referrals from the public regarding a social media platform’s alleged compliance or noncompliance with the bill. DOJ may investigate violations of the provisions in the bill and may bring an action in the name of the state seeking a civil forfeiture of not more than $5,000 per violation, attorney fees, court costs, injunctive relief, and other relief or course of action that a court deems reasonable.