South Carolina S 268: Children and Social Media

Bill Text

2025-2026 Bill 268 Text of Previous Version (May. 01, 2025) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 268

Indicates Matter Stricken
Indicates New Matter

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

Indicates Matter Stricken

Indicates New Matter

Committee Amendment Adopted

April 30, 2025

S. 268

Introduced 
by Senators Bennett, Leber and Kennedy 

S. Printed 4/30/25--S. [SEC 
5/1/2025 1:28 PM]

Read the first time January 28, 2025

________

A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING CHAPTER 
80 TO TITLE 39 SO AS TO PROVIDE THAT A COVERED ONLINE SERVICE SHALL TAKE CARE 
IN THE USE OF A MINOR'S PERSONAL DATA AND IN THE DESIGN AND IMPLEMENTATION OF 
THE SERVICE TO PREVENT HARM TO MINORS, TO PROVIDE THAT THE ONLINE SERVICE MUST 
PROVIDE MINORS WITH EASILY ACCESSIBLE TOOLS TO LIMIT TIME SPENT ON THE SERVICE 
AND PROTECT PERSONAL DATA, TO PROVIDE LIMITS ON HOW MUCH OF A MINOR'S DATA THE 
SERVICE MAY COLLECT AND RESTRICT THE USE OF SUCH DATA, TO PROVIDE THAT ONLINE 
SERVICES MUST OFFER PARENTS TOOLS TO HELP THEM PROTECT MINORS USING THE SERVICE 
AND TO ENABLE THEM TO REPORT HARMS TO MINORS ON ONLINE SERVICES, TO PROVIDE 
THAT ONLINE SERVICES MUST ISSUE A PUBLIC REPORT ON THE SERVICE'S PRACTICES 
PERTAINING TO MINORS, AND TO DEFINE NECESSARY TERMS.

 Amend Title To Conform

Be it enacted by the 
General Assembly of the State of South Carolina:

SECTION 1. Title 39 of the S.C. Code is amended by adding:

CHAPTER 80

Age-Appropriate Code Design

 Section 
39-80-10. As used in this chapter:

 (1) "Child" 
means a consumer who is less than thirteen years of age.

 (2) 
"Compulsive usage" means the persistent and repetitive use of a covered online 
service that substantially limits one or more of a child's major life 
activities including, but not limited to, sleeping eating, learning, reading, 
concentrating, communicating, or working.

 (3) 
"Covered design feature" means any feature or component of a covered online 
service that will encourage or increase a child's frequency, time-spent, or 
activity on a covered online service including, but not limited to:

 (a) 
infinite scroll;

 (b) 
rewards or incentives for the frequency of visits, time spent on, or 
participation in activities on the covered online service;

 (c) 
notifications and push alerts;

 (d) 
in-game purchases; or

 (e) 
appearance altering filters.

 (4)(a) "Covered online service" means:

 (i) 
a sole proprietorship, partnership, limited liability company, corporation, 
association, or other legal entity that owns, operates, controls, or provides 
an online service that conducts business in this State, is reasonably likely to 
be accessed by a child, determines the purposes and means of the processing of a 
consumer's personal data alone, or jointly with its affiliates, subsidiaries, 
or parent company;

 (ii) 
the online service conducts business in the State;

 (iii) 
the online service is reasonably likely to be accessed by minors;

 (iv) 
alone, or jointly with its affiliates or subsidiaries or parent companies, the 
online service determines the purposes and means of the processing of 
consumers' personal data; and

 (v) 
the online service either:

 (A) 
has annual gross revenues in excess of twenty-five million dollars, adjusted 
every odd-numbered year to reflect changes in the Consumer Price Index;

 (B) 
annually buys, receives, sells, or shares the personal data of fifty thousand 
or more consumers, households, or devices alone or in combination with its 
affiliates, subsidiaries, or parent company; or

 (C) 
derives at least fifty percent of its annual revenue from the sale or sharing 
of consumers' personal data; and

 (b) 
"Covered online services" include:

 (i) 
an entity that controls or is controlled by a business that shares a name, 
service mark, or trademark that would cause a reasonable consumer to understand 
that two or more entities are commonly owned; and

 (ii) 
a joint venture or partnership composed of businesses in which each business 
has at least a forty percent interest in the joint venture or partnership.

 (5) 
"Educational entity" means a South Carolina public school, charter school, the 
South Carolina School for the Deaf and Blind, a private school, a community 
college, a state college, a state university, or a non-public postsecondary 
educational institution.

 (6) 
"Interactive gaming platform" means a platform that is predominantly or 
exclusively designed to allow consumers to play or create video games. An 
interactive gaming platform must comply with the requirements of the Children's 
Online Privacy Protection Act, 15 U.S.C. Section 6501, and the regulations, 
rules, guidance, and exemptions under that act.

 (7) 
"Know to be a minor" means the covered online service has actual knowledge that 
a particular consumer is a minor. For purposes of this act, actual knowledge