HB235INTRODUCED
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HB235
PWDSEEG-1
By Representatives Faulkner, DuBose, Hulsey, Collins
RFD: Children and Senior Advocacy
First Read: 06-Feb-25
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5 PWDSEEG-1 02/05/2025 THR (L)ma 2024-3243
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First Read: 06-Feb-25
SYNOPSIS:
This bill would require social media platforms
to prevent individuals under 16 years of age from
creating accounts.
This bill would require social media platforms
to use a commercially reasonable age verification
process.
This bill would also provide that a knowing or
reckless violation of this act by a social media
platform is a deceptive trade practice and would
provide for civil penalties.
A BILL
TO BE ENTITLED
AN ACT
Relating to social media; to require social media
platforms to verify the age of new users and to prohibit
individuals under 16 years of age from creating a new account;
to designate the Attorney General as the enforcing authority
of the act; and to provide penalties for violations.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. For the purposes of this act, the following
terms have the following meanings:
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terms have the following meanings:
(1) ACCOUNT HOLDER. A resident who opens, creates, or
operates a profile on a social media platform or is identified
by a social media platform by a unique identifier while using
or accessing a social media platform when the social media
platform knows or has reason to believe that the resident is
located in this state.
(2) RESIDENT. An individual who resides in this state
for at least six months out of every year.
(3) SOCIAL MEDIA PLATFORM. An online forum, website, or
application that satisfies both of the following criteria:
a. Allows users to upload content or view the content
or activity of other users.
b. Employs algorithms that analyze user data or
information on users to select content for users.
Section 2. Beginning January 1, 2026, a social media
platform shall prohibit and prevent any individual under 16
years of age from becoming an account holder.
Section 3. Beginning January 1, 2026, a social media
platform shall use a commercially reasonable process to verify
the age of any individual attempting to create an account.
Section 4. (a) Any knowing or reckless violation of
this act is deemed a deceptive trade practice actionable under
Chapter 19 of Title 8 of the Code of Alabama 1975. If the
Attorney General has reason to believe that a social media
platform is in violation of this act, the Attorney General, as
the enforcing authority, may bring an action against the
social media platform for an unfair or deceptive trade
practice. In addition to other remedies available under
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practice. In addition to other remedies available under
Chapter 19 of Title 8 of the Code of Alabama 1975, the
Attorney General may collect a civil penalty of up to fifty
thousand dollars ($50,000) per violation, reasonable attorney
fees, and court costs.
(b) If a violation described in subsection (a) is part
of a consistent pattern of knowing or reckless conduct, the
Attorney General may seek punitive damages against the social
media platform.
Section 5. This act shall become effective on January
1, 2026.
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