First Regular Session Seventy-fifth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 25-0476.01 Richard Sweetman x4333 HOUSE BILL 25-1287 House Committees Senate Committees Health & Human Services A BILL FOR AN ACT C ONCERNING TOOLS TO PROTECT MI NOR USERS OF SOCIAL MEDIA .101 Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov .) The bill establishes certain requirements for social media companies and social media platforms in order to protect Colorado minor users. Specifically, the bill: ! Relocates, with amendments, certain language requiring a social media platform to include a function that provides minor users information about their engagement in social media, which language was enacted in 2024 by House Bill 24-1136; HOUSE SPONSORSHIP Caldwell and Lukens, SENATE SPONSORSHIP Pelton B. and Michaelson Jenet, Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment. Capital letters or bold & italic numbers indicate new material to be added to existing law. Dashes through the words or numbers indicate deletions from existing law. ! Requires a social media company to implement an age assurance system to determine whether a current or prospective Colorado user on the social media company's social media platform is a minor; ! Requires a social media company to provide tools and settings for a minor user to control their own experience using a social media platform; ! Requires a social media company to provide tools and settings for parents to support a minor user of a social media platform; ! Specifies minimum capabilities for the tools and settings; ! Requires a social media company to take additional specific measures to maximize the privacy and security of minor users; ! Prohibits a social media platform from leading or encouraging a minor or parent to provide personal information, provide consent, disable safeguards or parental tools, or forgo privacy or security protections using a mechanism or interface that is designed to substantially subvert or impair, or that is manipulated with the effect of substantially subverting or impairing, user autonomy, decision-making, or choice; ! Deems the use of a design, algorithm, or feature to increase, sustain, or extend a minor user's engagement with, or use of, a social media platform to be processing that presents a heightened risk of harm to minors, as defined in existing law, and therefore subject to certain data analysis requirements; and ! Authorizes the attorney general to adopt rules to implement the bill. Be it enacted by the General Assembly of the State of Colorado:1 SECTION 1. Legislative declaration. (1) The general assembly2 finds and declares that:3 (a) Colorado has a compelling interest in safeguarding the4 well-being and privacy of minors in the state;5 (b) More than 90% of United States teenagers have smartphones6 and use social media, with nearly half stating they are online almost7 constantly. Almost 40% of children ages 8 to 12 use social media, and the8 HB25-1287-2- number is growing.1 (c) Social media platforms use addictive design features that cause2 young users to spend more time on social media than they otherwise3 would, impacting sleep patterns, academic performance, and overall4 health. Prolonged and unregulated social media use has been linked to5 adverse effects on the mental health of minors, including significantly6 higher rates of depression, anxiety, suicidal ideation, and self-harm.7 (d) As the United States surgeon general has reported, recent8 evidence has identified reasons for concern about social media usage by9 children and adolescents. This evidence includes a study concluding that10 the risk of poor mental health outcomes doubles for children and11 adolescents who use social media at least 3 hours a day and research12 finding that social media usage is linked to a variety of negative health13 outcomes, including low self-esteem and disordered eating, for adolescent14 girls.15 (e) Colorado and the entire nation are facing an ongoing youth16 mental health crisis, with rates of adolescent suicides, depressive17 episodes, and feelings of sadness and hopelessness on the rise in recent18 years; 19 (f) The proliferation of social media services also has led to the20 widespread collection and utilization of personal information, exposing21 minors to potential privacy and identity-related harms;22 (g) Creating a safer social media environment for minors requires23 that Colorado take action to protect minors from negative mental health24 impacts and safeguard their privacy and personal information;25 (h) Colorado has a long history of enacting safeguards around26 products and activities that pose risks to minors, including regulations on27 HB25-1287 -3- motor vehicles, medications, addictive substances, and products and1 services targeted to children;2 (i) Social media platforms are designed without sufficient tools to3 allow minors to manage their use of the platforms or to allow for4 adequate parental support;5 (j) Age-appropriate tools are needed to allow minors and their6 parents to set appropriate boundaries, particularly for features and settings7 that cause excessive use. In addition, it is critical that the security and8 privacy of minors using social media are adequately protected.9 (k) To ensure minors and their parents have access to tools and10 safeguards for a safer social media environment, age assurance is needed.11 (2) Therefore, the general assembly declares that it is essential that12 Colorado act to require that social media companies provide13 common-sense protections for minor users in this state.14 SECTION 2. In Colorado Revised Statutes, amend with15 amended and relocated provisions part 16 of article 1 of title 6 as16 follows:17 6-1-1601. Definitions. A S USED IN THIS PART 16, UNLESS THE18 CONTEXT OTHERWISE REQUIRES :19 (1) "A GE ASSURANCE SYSTEM" MEANS MEASURES REASONABLY20 CALCULATED TO ENABLE A SOCIAL MEDIA COMPANY TO IDENTIFY WITH AN21 ACCURACY RATE OF AT LEAST NINETY-FIVE PERCENT WHETHER A CURRENT22 OR PROSPECTIVE COLORADO USER IS A MINOR.23 (2) "C OLORADO MINOR USER" MEANS A COLORADO RESIDENT WHO24 IS UNDER EIGHTEEN YEARS OF AGE AND WHO HAS , REGISTERS,25 ESTABLISHES, OR OPENS AN ACCOUNT OR PROFILE TO USE A SOCIAL MEDIA26 PLATFORM.27 HB25-1287 -4- (3) "COLORADO USER" MEANS A COLORADO RESIDENT WHO HAS ,1 REGISTERS, ESTABLISHES, OR OPENS AN ACCOUNT OR PROFILE TO USE A2 SOCIAL MEDIA PLATFORM.3 (4) "C ONNECTED ACCOUNT" MEANS AN ACCOUNT OR USER ON A4 SOCIAL MEDIA PLATFORM, WHICH ACCOUNT OR USER IS CONNECTED TO5 ANOTHER ACCOUNT OR USER BY :6 (a) S ENDING A REQUEST TO CONNECT TO ANOTHER ACCOUNT OR7 USER AND HAVING THE REQUEST TO CONNECT ACCEPTED BY THE OTHER8 ACCOUNT HOLDER OR USER ; OR9 (b) R ECEIVING A REQUEST TO CONNECT FROM ANOTHER ACCOUNT10 OR USER AND ACCEPTING THE REQUEST TO CONNECT .11 (5) "C OVERED FEATURE" MEANS:12 (a) A N AUTO-PLAY FEATURE, INCLUDING AUTOMATIC PLAYING OF13 MEDIA CONTENT;14 (b) S CROLLING OR PAGINATION THAT LOADS ADDITIONAL CONTENT15 AS LONG AS THE USER CONTINUES SCROLLING ;16 (c) E PHEMERAL CONTENT FEEDS ;17 (d) N OTIFICATION AND ALERT FEATURES;18 (e) R EWARDS FEATURES, INCLUDING REWARDS FOR TIME SPENT ON19 A SOCIAL MEDIA PLATFORM;20 (f) A PERSONALIZED RECOMMENDATION SYSTEM ;21 (g) C OMMENTS, LIKES, TAGS, AND OTHER FORMS OF FEEDBACK FOR22 INTERACTING WITH CONTENT AND OTHER USERS ; AND23 (h) G EOLOCATION FEATURES THAT SHARE OR PROVIDE24 INFORMATION ABOUT THE GEOLOCATION OF A MINOR USER TO OTHER25 USERS ON A SOCIAL MEDIA PLATFORM .26 (6) "D EVICE" HAS THE MEANING SET FORTH IN SECTION27 HB25-1287 -5- 24-37.5-902 (3).1 (7) "I DENTIFIED OR IDENTIFIABLE INDIVIDUAL" HAS THE MEANING2 SET FORTH IN SECTION 6-1-1303 (16).3 (8) "M INOR" MEANS AN INDIVIDUAL WHO IS UNDER EIGHTEEN4 YEARS OF AGE.5 (9) "P ARENT" MEANS A PARENT OR LEGAL GUARDIAN OF A MINOR .6 (10) "P ERSONAL DATA" MEANS INFORMATION THAT IS LINKED OR7 REASONABLY LINKABLE TO AN IDENTIFIED OR IDENTIFIABLE INDIVIDUAL .8 (11) "P ERSONALIZED RECOMME NDATION SYSTEM " MEANS A FULLY9 OR PARTIALLY AUTOMATED SYSTEM USED TO SUGGEST , PROMOTE, OR10 RANK CONTENT, INCLUDING OTHER USERS OR POSTS , BASED ON THE11 PERSONAL DATA OF USERS.12 (12) "S OCIAL MEDIA COMPANY" MEANS A PERSON THAT OWNS OR13 OPERATES ONE OR MORE SOCIAL MEDIA PLATFORMS .14 (13) (a) "S OCIAL MEDIA PLATFORM" MEANS AN INTERNET-BASED15 SERVICE OR APPLICATION THAT HAS USERS IN COLORADO AND MEETS16 BOTH OF THE FOLLOWING CRITERIA:17 (I) A SUBSTANTIAL FUNCTION OF THE SERVICE OR APPLICATION IS18 TO ALLOW USERS TO INTERACT SOCIALLY WITH EACH OTHER WITHIN THE19 SERVICE OR APPLICATION; AND20 (II) T HE SERVICE OR APPLICATION ALLOWS A USER TO :21 (A) B ECOME A REGISTERED USER , ESTABLISH AN ACCOUNT ,22 CONSTRUCT A PUBLIC OR SEMIPUBLIC PROFILE FOR PURPOSES OF SIGNING23 INTO AND USING THE SERVICE OR APPLICATION , OR POPULATE A LIST OF24 OTHER USERS OR ACCOUNTS WITH WHOM AN INDIVI DUAL SHARES A SOCIAL25 CONNECTION WITHIN THE SERVICE OR APPLICATION ; AND26 (B) C REATE OR POST CONTENT THAT IS VIEWABLE BY OTHER27 HB25-1287 -6- USERS.1 (b) "S OCIAL MEDIA PLATFORM " DOES NOT INCLUDE AN2 INTERNET-BASED SERVICE OR APPLICATION IF THE PREDOMINANT OR3 EXCLUSIVE FUNCTION OF THE SERVICE OR APPLICATION IS :4 (I) P ROVIDING INTERNET ACCESS OR BROADBAND SERVICE ;5 (II) P ROVIDING ELECTRONIC MAIL;6 (III) P ROVIDING DIRECT MESSAGING WHEREBY MESSAGES ARE7 SENT BETWEEN DEVICES BY ELECTRONIC MEANS , ARE SHARED BETWEEN8 A SENDER AND A RECIPIENT, ARE VISIBLE ONLY TO THE SENDER AND THE9 RECIPIENT, ARE NOT POSTED PUBLICLY, AND ARE NOT EMBEDDED INTO A10 SOCIAL MEDIA PLATFORM;11 (IV) F ACILITATING COMMUNICATION WITHIN A BUSINESS OR AN12 ENTERPRISE AMONG EMPLOYEES OR AFFILIATES OF THE BUSINESS OR13 ENTERPRISE, SO LONG AS ACCESS TO THE SERVICE OR APPLICATION IS14 RESTRICTED TO EMPLOYEES OR AFFILIATES OF THE BUSINESS OR15 ENTERPRISE;16 (V) S ELLING ENTERPRISE SOFTWARE TO BUSINESSES ,17 GOVERNMENTS, OR NONPROFIT ORGANIZATIONS;18 (VI) P ROVIDING CLOUD-BASED ELECTRONIC STORAGE, INCLUDING19 CLOUD-BASED STORAGE THAT ALLOWS COLLABORATIVE EDITING BY20 INVITED USERS;21 (VII) F ACILITATING TELECONFERENCING AND VIDEO22 CONFERENCING FEATURES THAT ARE LIMITED TO CERTAIN PARTICIPANTS23 IN THE TELECONFERENCE OR VIDEO CONFERENCE AND ARE NOT POSTED24 PUBLICLY OR FOR BROAD DISTRIBUTION TO OTHER USERS ;25 (VIII) F ACILITATING CROWD-SOURCED CONTENT FOR REFERENCE26 GUIDES, SUCH AS ENCYCLOPEDIAS , EDUCATIONAL MATERIALS , AND27 HB25-1287 -7- DICTIONARIES;1 (IX) F ACILITATING ONLINE SHOPPING OR E -COMMERCE IF THE2 RELATED INTERACTIONS BETWEEN USERS OR ACCOUNT HOLDERS ARE3 LIMITED TO:4 (A) T HE ABILITY TO POST AND VIEW COMMENTS AS PART OF5 RATINGS AND REVIEWS OF PRODUCTS ;6 (B) T HE ABILITY TO DISPLAY LISTS OR COLLECTIONS OF GOODS FOR7 SALE OR WISH LISTS; AND8 (C) O THER FUNCTIONS THAT ARE FOCUSED ON ONLINE SHOPPING9 OR E-COMMERCE RATHER THAN OTHER INTERACTIONS BETWEEN USERS OR10 ACCOUNT HOLDERS;11 (X) P ROVIDING A STREAMING SERVICE THAT :12 (A) S TREAMS ONLY LICENSED AND NOT USER -GENERATED MEDIA13 CONTENT IN A CONTINUOUS FLOW FROM THE SERVICE , WEBSITE, OR14 APPLICATION TO THE END USER; AND15 (B) D OES NOT REQUIRE A USER OR ACCOUNT HOLDER TO AGREE TO16 THE SERVICE'S OR APPLICATION'S TERMS OF SERVICE IN ORDER TO OBTAIN17 A LICENSE TO ACCESS THE MEDIA CONTENT ;18 (XI) P ROVIDING NEWS, SPORTS, ENTERTAINMENT, OR OTHER19 CONTENT THAT IS PRESELECTED BY THE PROVIDER AND NOT20 USER-GENERATED;21 (XII) P ROVIDING AN ONLINE SERVICE, WEBSITE, OR APPLICATION22 THAT IS USED BY OR UNDER THE DIRECTION OF AN EDUCATIONAL ENTITY ,23 INCLUDING A LEARNING MANAGEMENT SYSTEM , A STUDENT ENGAGEMENT24 PROGRAM, OR A SUBJECT- OR SKILL-SPECIFIC PROGRAM, WHERE THE25 CONTENT IS PREDOMINANTLY CREATED OR POSTED BY THE PROVIDER OF26 THE ONLINE SERVICE, WEBSITE, OR APPLICATION, AND THE ABILITY TO27 HB25-1287 -8- CHAT, COMMENT, OR INTERACT WITH OTHER USERS IS DIRECTLY RELATED1 TO THE PROVIDER'S CONTENT;2 (XIII) P ROVIDING OR OBTAINING TECHNICAL SUPPORT FOR A3 SOFTWARE PLATFORM, PRODUCT, OR SERVICE;4 (XIV) P ROVIDING CAREER DEVELOPMENT OPPORTUNITIES ,5 INCLUDING PROFESSIONAL NETWORKING , JOB SKILLS, LEARNING6 CERTIFICATIONS, AND JOB POSTING AND APPLICATION SERVICES ;7 (XV) F ACILITATING ACADEMIC OR SCHOLARLY RESEARCH ;8 (XVI) P ROVIDING INTERACTIVE GAMING, VIRTUAL GAMING, OR AN9 ONLINE SERVICE THAT ALLOWS THE CREATION AND UPLOADING OF10 CONTENT FOR THE PURPOSE OF INTERACTIVE GAMING , EDUCATIONAL11 ENTERTAINMENT, OR OTHER ENTERTAINMENT, AND THE COMMUNICATION12 RELATED TO THAT CONTENT; OR13 (XVII) R EPORTING OR DISSEMINATING NEWS INFORMATION FOR A14 MASS MEDIUM, AS DEFINED IN SECTION 13-90-119 (1)(a).15 (c) "S OCIAL MEDIA PLATFORM " DOES NOT INCLUDE AN16 INTERNET-BASED SERVICE OR APPLICATION IF:17 (I) T HE CONTENT THAT IS POSTED OR CREATED IS PREDOMINANTLY18 POSTED OR CREATED BY THE PROVIDER OF THE INTERNET -BASED SERVICE19 OR APPLICATION AND NOT USER-GENERATED; AND20 (II) T HE ABILITY TO CHAT, COMMENT, OR INTERACT WITH OTHER21 USERS IS DIRECTLY RELATED TO THE PROVIDER 'S CONTENT.22 (14) "V ERIFIABLE PARENTAL CONSENT" OR "VERIFIABLE CONSENT"23 MEANS AUTHORIZATION FROM A PARENT OBTAINED USING A METHOD24 REASONABLY DESIGNED TO ENSURE THE INDIVIDUAL GIVING CONSENT IS25 A MINOR'S PARENT.26 6-1-1602. [Formerly 6-1-1601] Social media platform - minor27 HB25-1287 -9- users. (1) On or after January 1, 2026, a social media platform must1 establish INCLUDE a function that either:2 (a) Meets the criteria in subsection (2) of this section and be IS3 informed by the standards established in subsection (5) SUBSECTION (4)4 of this section; or5 (b) Displays a pop-up or full screen notification to a user who6 attests to being under the age of eighteen YEARS OF AGE when the user:7 (I) Has spent one cumulative hour on the social media platform8 during a twenty-four-hour period; or9 (II) Is on a social media platform between the hours of 10 p.m.10 and 6 a.m.11 (2) The function established pursuant to DESCRIBED IN subsection12 (1) of this section must provide users who are under the age of eighteen13 YEARS OF AGE with information about their engagement in social media14 that helps the user understand the impact of social media on the15 developing brain and the mental and physical health of youth MINOR16 users. The information must be supported by data from peer-reviewed17 scholarly articles or the sources included in the mental health and18 technology resource bank established in section 22-2-127.8 (1).19 (3) If the social media platform establishes INCLUDES the function20 described in subsection (1)(b) of this section, the function must repeat at21 least every thirty minutes after the initial notification.22 (4) (a) As used in this section, "social media platform" means an23 internet-based service, website, or application that:24 (I) Has more than one hundred thousand active users in Colorado;25 (II) Permits a person to become a registered user, establish an26 account, or create a public or semipublic profile for the purpose of27 HB25-1287 -10- allowing users to create, share, and view user-generated content through1 the account or profile;2 (III) Enables one or more users to create or post content that can3 be viewed by other users of the medium; and4 (IV) Includes a substantial function to allow users to interact5 socially with each other within the service or application. A service or6 application that provides electronic mail or direct messaging services7 does not meet the criterion described in this subsection (4) on the basis of8 that function alone.9 (b) "Social media platform" does not include an internet-based10 service or application in which the predominant or exclusive function is:11 (I) Providing electronic mail;12 (II) Facilitating commercial transactions, if the interaction with13 other users or account holders is generally limited to:14 (A) The ability to upload a post and comment on reviews or the15 ability to display lists or collections of goods for sale or wish lists; and16 (B) The primary function of the platform is focused on online17 shopping or e-commerce rather than interactions between users or18 account holders;19 (III) Facilitating teleconferencing and video conferencing features20 that are limited to certain participants in the teleconference or video21 conference and are not posted publicly or for broad distribution to other22 users;23 (IV) Facilitating crowd-sourced content for reference guides such24 as encyclopedias and dictionaries;25 (V) Providing cloud-based electronic services, including26 cloud-based services that allow collaborative editing by invited users;27 HB25-1287 -11- (VI) Consisting primarily of news, sports, entertainment, or other1 content that is preselected by the provider and not user generated and any2 chat, comment, or interactive functionality that is provided incidental to,3 directly related to, or dependent upon provision of the content;4 (VII) Interactive gaming, virtual gaming, or an online service that5 allows the creation and uploading of content for the purpose of interactive6 or virtual gaming;7 (VIII) Providing information concerning businesses, products, or8 travel information, including user reviews or rankings of businesses or9 products;10 (IX) Facilitating communication within a business or an enterprise11 among employees or affiliates of the business or enterprise, so long as12 access to the service or application is restricted to employees or affiliates13 of the business or enterprise;14 (X) Selling enterprise software to businesses, governments, or15 nonprofit organizations;16 (XI) Providing a streaming service that streams only licensed17 media in a continuous flow from the service, website, or application to the18 end user and does not require a user or account holder to obtain a license19 for the media by agreement with a social media platform's terms of20 service;21 (XII) Providing an online service, website, or application that is22 used by or under the direction of an educational entity, including a23 learning management system, a student engagement program, or a24 subject- or skill-specific program, for which the majority of the content25 is created or posted by the provider of the online service, website, or26 application and the ability to chat, comment, or interact with other users27 HB25-1287 -12- is directly related to the provider's content;1 (XIII) Providing or obtaining technical support for a platform,2 product, or service;3 (XIV) Providing career development opportunities, including4 professional networking, job skills, learning certifications, and job5 posting and application services;6 (XV) Focused on facilitating academic or scholarly research; or7 (XVI) Reporting or disseminating news information for a mass8 medium, as defined in section 13-90-119.9 (5) (4) The chief information officer in the office of information10 technology, in consultation with the director of the center for health and11 environmental data division of the Colorado department of public health12 and environment and the temporary stakeholder group established in13 section 22-2-127.8, shall establish standards for a user tool or function14 that meets the requirements of subsection (1) of this section for a social15 media platform. The standards must:16 (a) Recommend intervals for notification frequency that are17 similar to those in subsection (3) of this section;18 (b) Provide sample messaging for the content of the notification;19 (c) Be informed by data and research on the efficacy of20 notifications; and21 (d) Recommend the age range of users who would most benefit22 from notifications.23 6-1-1603. Age assurance system required - requirements for24 social media companies - review process - storage and use of personal25 data prohibited. (1) A SOCIAL MEDIA COMPANY SHALL IMPLEMENT AN26 AGE ASSURANCE SYSTEM TO DETERMINE WHETHER A CURRENT OR27 HB25-1287 -13- PROSPECTIVE COLORADO USER ON THE SOCIAL MEDIA COMPANY 'S SOCIAL1 MEDIA PLATFORM IS A MINOR.2 (2) A SOCIAL MEDIA COMPANY SHALL PROVIDE A COLORADO USER3 THAT THE SOCIAL MEDIA COMPANY IDENTIFIES AS A MINOR THROUGH THE4 USE OF AN AGE ASSURANCE SYSTEM WITH TOOLS FOR COLORADO MINOR5 USERS, PARENTAL SUPERVISORY TOOLS, AND SAFEGUARDS FOR COLORADO6 MINOR USERS, INCLUDING THOSE TOOLS AND SAFEGUARDS DESCRIBED IN7 SECTIONS 6-1-1602, 6-1-1604, 6-1-1605, AND 6-1-1606.8 (3) A SOCIAL MEDIA COMPANY SHALL :9 (a) I MPLEMENT A REVIEW PROCESS ALLOWING A COLORADO USER10 TO APPEAL THE COLORADO USER'S AGE DESIGNATION BY SUBMITTING11 DOCUMENTARY EVIDENCE TO ESTABLISH THE COLORADO USER'S AGE12 RANGE; AND13 (b) R EVIEW DOCUMENTARY EVIDENCE SUBMITTED BY SUCH A14 C OLORADO USER PURSUANT TO SUBSECTION (3)(a) OF THIS SECTION AND15 MAKE A DETERMINATION WITHIN THIRTY DAYS AFTER THE COLORADO16 USER'S SUBMISSION OF DOCUMENTARY EVIDENCE .17 (4) A SOCIAL MEDIA COMPANY SHALL SEGREGATE ANY PERSONAL18 DATA GATHERED FOR THE PURPOSES OF THIS SECTION AND SHALL NOT19 STORE OR USE SUCH PERSONAL DATA FOR ANY PURPOSE OTHER THAN THE20 PURPOSE FOR WHICH THE PERSONAL DATA WAS OBTAINED , EXCEPT AS21 NECESSARY TO COMPLY WITH STATE LAW OR RULES ADOPTED PURSUANT22 TO STATE LAW.23 6-1-1604. Tools for Colorado minor users required - minimum24 capabilities - default setting. (1) A SOCIAL MEDIA COMPANY SHALL25 PROVIDE A COLORADO MINOR USER WITH READILY ACCESSIBLE AND26 EASY-TO-USE TOOLS AND SETTINGS TO PROTECT THE COLORADO MINOR27 HB25-1287 -14- USER'S HEALTH AND SAFETY, WHICH TOOLS AND SETTINGS , AT A MINIMUM,1 INCLUDE THE ABILITY TO:2 (a) D ISABLE COVERED FEATURES , INCLUDING THE ABILITY TO3 DISABLE A PERSONALIZED RECOMME NDATION SYSTEM WHILE STILL4 ALLOWING THE DISPLAY OF CONTENT IN A CHRONOLOGICAL OR OTHER5 NONPERSONALIZED FORMAT ;6 (b) S ET TIME LIMITS FOR THE MINOR'S DAILY USAGE OF A SOCIAL7 MEDIA PLATFORM ACROSS DEVICES ;8 (c) S CHEDULE MANDATORY BREAKS FOR THE MINOR DURING9 SELECTED DAYS AND TIMES ACROSS DEVICES ;10 (d) M ANAGE VERIFIABLE CONSENT REQUIREMENTS AS DESCRIBED11 IN SECTIONS 6-1-1308.5 (3)(a) AND 6-1-1606 (2)(c); AND12 (e) R EPORT PROBLEMS , UNWANTED CONTACT , AND13 POLICY-VIOLATIVE CONTENT AND ACTIVITY TO THE SOCIAL MEDIA14 COMPANY.15 (2) A SOCIAL MEDIA PLATFORM SHALL ENABLE THE ABILITY16 DESCRIBED IN SUBSECTION (1)(a) OF THIS SECTION BY DEFAULT.17 6-1-1605. Parental supervisory tools required - minimum18 capabilities - notice of tools required - default setting. (1) A SOCIAL19 MEDIA COMPANY SHALL PROVIDE READILY ACCESSIBLE AND EASY -TO-USE20 SUPERVISORY TOOLS AND SETTINGS FOR PARENTS TO SUPPORT A21 C OLORADO MINOR USER OF A SOCIAL MEDIA PLATFORM . THE SUPERVISORY22 TOOLS AND SETTINGS SHALL, AT A MINIMUM, INCLUDE THE CAPABILITY TO:23 (a) I N THE CASE OF A COLORADO MINOR USER THAT THE SOCIAL24 MEDIA PLATFORM KNOWS IS UNDER THIRTEEN YEARS OF AGE :25 (I) C HANGE AND CONTROL ACCOUNT SETTINGS , INCLUDING26 PRIVACY, CONTENT SENSITIVITY, AND DIRECT MESSAGING SETTINGS AND27 HB25-1287 -15- PERMISSIONS;1 (II) D ISABLE COVERED FEATURES , INCLUDING THE ABILITY TO2 DISABLE A PERSONALIZED RECOMMENDATION SYSTEM WHILE STILL3 ALLOWING THE DISPLAY OF CONTENT IN A CHRONOLOGICAL OR OTHER4 NONPERSONALIZED FORMAT ;5 (III) V IEW METRICS DETAILING THE MINOR'S TOTAL AND AVERAGE6 DAILY TIME SPENT ON THE SOCIAL MEDIA PLATFORM ACROSS DEVICES ;7 (IV) S ET TIME LIMITS FOR THE MINOR'S DAILY USAGE OF A SOCIAL8 MEDIA PLATFORM ACROSS DEVICES ;9 (V) S CHEDULE MANDATORY BREAKS FOR THE MINOR DURING10 SELECTED DAYS AND TIMES ACROSS DEVICES ;11 (VI) R ESTRICT PURCHASES AND FINANCIAL TRANSACTIONS BY THE12 MINOR, WHERE APPLICABLE;13 (VII) R ECEIVE NOTIFICATIONS WHEN THE MINOR CHANGES AN14 ACCOUNT SETTING;15 (VIII) V IEW A LIST OF THE MINOR'S CONNECTED ACCOUNTS ON THE16 SOCIAL MEDIA PLATFORM;17 (IX) V IEW A LIST OF ACCOUNTS BLOCKED BY THE MINOR ;18 (X) M ANAGE VERIFIABLE CONSENT REQUIREMENTS AS DESCRIBED19 IN SECTIONS 6-1-1308.5 (3)(a) AND 6-1-1606 (2)(c);20 (XI) D ELETE PERSONAL DATA COLLECTED FROM , OR SHARED BY,21 THE MINOR ON THE SOCIAL MEDIA PLATFORM ; AND22 (XII) R EPORT PROBLEMS , UNWANTED CONTACT , AND23 POLICY-VIOLATIVE CONTENT AND ACTIVITY TO THE SOCIAL MEDIA24 COMPANY; AND25 (b) I N THE CASE OF A COLORADO MINOR USER THAT THE SOCIAL26 MEDIA PLATFORM KNOWS IS AT LEAST THIR TEEN YEARS OF AGE BUT UNDER27 HB25-1287 -16- EIGHTEEN YEARS OF AGE:1 (I) V IEW ACCOUNT SETTINGS, INCLUDING PRIVACY, CONTENT2 SENSITIVITY, AND DIRECT MESSAGING SETTINGS AND PERMISSIONS ;3 (II) V IEW THE ACCOUNT SETTINGS FOR COVERED FEATURES ;4 (III) V IEW METRICS DETAILING THE MINOR'S TOTAL AND AVERAGE5 DAILY TIME SPENT ON THE SOCIAL MEDIA PLATFORM ACROSS DEVICES ;6 (IV) S ET TIME LIMITS FOR THE MINOR'S DAILY USAGE OF A SOCIAL7 MEDIA PLATFORM ACROSS DEVICES ;8 (V) R ESTRICT PURCHASES AND FINANCIAL TRANSACTIONS BY THE9 MINOR, WHERE APPLICABLE;10 (VI) R ECEIVE NOTIFICATIONS WHEN THE MINOR CHANGES AN11 ACCOUNT SETTING;12 (VII) V IEW A LIST OF THE MINOR'S CONNECTED ACCOUNTS ON THE13 SOCIAL MEDIA PLATFORM;14 (VIII) V IEW A LIST OF ACCOUNTS BLOCKED BY THE MINOR ;15 (IX) M ANAGE VERIFIABLE CONSENT REQUIREMENTS AS DESCRIBED16 IN SECTIONS 6-1-1308.5 (3)(a) AND 6-1-1606 (2)(c); AND17 (X) R EPORT PROBLEMS , UNWANTED CONTACT , AND18 POLICY-VIOLATIVE CONTENT AND ACTIVITY TO THE SOCIAL MEDIA19 COMPANY.20 (2) A SOCIAL MEDIA PLATFORM SHALL PROVIDE CLEAR AND21 CONSPICUOUS NOTICE TO A COLORADO MINOR USER REGARDING WHEN22 TOOLS DESCRIBED IN THIS SECTION ARE IN EFFECT AND WHAT SETTINGS OR23 CONTROLS HAVE BEEN APPLIED.24 (3) A SOCIAL MEDIA PLATFORM SHALL ENABLE THE TOOLS25 DESCRIBED IN THIS SECTION BY DEFAULT.26 6-1-1606. Colorado minor user accounts - requirements for27 HB25-1287 -17- social media companies - safeguards - default settings. (1) A SOCIAL1 MEDIA COMPANY SHALL TAKE MEASURES TO MAXIMIZE THE PRIVACY AND2 SECURITY OF COLORADO MINOR USERS, INCLUDING MEASURES TO:3 (a) C OMPLY WITH ALL PROVISIONS WITHIN PART 13 OF THIS4 ARTICLE 1, INCLUDING RESTRICTIONS ON DATA COLLECTION FROM MINOR5 USER ACCOUNTS AND MEASURES TO PROTECT THE CONFIDENTIALITY ,6 SECURITY, AND INTEGRITY OF PERSONAL INFORMATION COLLECTED FROM7 A MINOR USER;8 (b) P ROVIDE AN EASILY ACCESSIBLE AND UNDERSTANDABLE9 NOTICE, AS DESCRIBED IN SECTION 6-1-1308 (1), SPECIFICALLY FOR MINOR10 USERS, WHICH NOTICE:11 (I) D ESCRIBES ANY INFORMATION THE SOCIAL MEDIA COMPANY12 COLLECTS FROM A MINOR USER, INCLUDING GEOLOCATION INFORMATION ;13 AND14 (II) E XPLAINS HOW THE INFORMATION MAY BE USED OR15 DISCLOSED;16 (c) P REVENT OTHER USERS, WHETHER REGISTERED OR NOT, FROM17 VIEWING A MINOR'S PERSONAL DATA COLLECTED BY OR SHARED ON THE18 SOCIAL MEDIA PLATFORM, IN PARTICULAR RESTRICTING PUBLIC ACCESS TO19 PERSONAL DATA;20 (d) D ISABLE SEARCH ENGINE INDEXING OF MINOR PROFILES OR21 ACCOUNTS;22 (e) R ESTRICT THE VISIBILITY OF A MINOR USER 'S ACCOUNT TO23 ONLY CONNECTED ACCOUNTS ;24 (f) P REVENT THE RECOMMENDATION OR DISPLAY OF A MINOR25 USER'S ACCOUNT TO ADULT USERS TO WHOM THE MINOR IS NOT26 CONNECTED;27 HB25-1287 -18- (g) LIMIT A MINOR USER'S ABILITY TO SHARE CONTENT WITH ONLY1 CONNECTED ACCOUNTS ;2 (h) L IMIT A MINOR USER'S DIRECT MESSAGING CAPABILITIES TO3 ALLOW DIRECT MESSAGING ONLY WITH CONNECTED ACCOUNTS ;4 (i) P ROVIDE A MINOR USER WITH CLEAR AND CONSPICUOUS5 WARNINGS WHEN CONTENT SHARED BY THE MINOR ON THE SOCIAL MEDIA6 PLATFORM MAY CONTAIN THE MINOR 'S GEOLOCATION INFORMATION ;7 (j) A LLOW A MINOR TO DOWNLOAD A FILE WITH ALL INFORMATION8 ASSOCIATED WITH THE MINOR USER 'S ACCOUNT; AND9 (k) U PON REQUEST OF A MINOR USER:10 (I) D ELETE THE MINOR USER'S ACCOUNT; OR11 (II) D ELETE ANY INFORMATION OR MATERIAL THE MINOR USER12 MADE PUBLICLY AVAILABLE ON OR THROUGH THE SOCIAL MEDIA13 PLATFORM.14 (2) A SOCIAL MEDIA COMPANY SHALL ENSURE THAT :15 (a) T HE PROTECTIONS DESCRIBED IN SUBSECTION (1) OF THIS16 SECTION ARE ACTIVATED AS THE DEFAULT SETTING FOR COLORADO MINOR17 USERS;18 (b) T HE DEFAULT SETTING FOR ANY MEASURE DESCRIBED IN THIS19 SECTION IS THE OPTION AVAILABLE ON THE SOCIAL MEDIA PLATFORM THAT20 PROVIDES THE MOST PROTECTIVE LEVEL OF CONTROL OVER PRIVACY AND21 SECURITY FOR THAT USER; AND22 (c) A COLORADO MINOR USER THAT A SOCIAL MEDIA PLATFORM23 KNOWS IS UNDER SIXTEEN YEARS OF AGE CANNOT CHANGE A DEFAULT24 PRIVACY OR SECURITY SETTING DESCRIBED IN THIS SECTION OR OTHERWISE25 MADE AVAILABLE BY A SOCIAL MEDIA PLATFORM WITHOUT FIRST26 OBTAINING VERIFIABLE PARENTAL CONSENT .27 HB25-1287 -19- 6-1-1607. Social media platforms - user autonomy. A SOCIAL1 MEDIA PLATFORM SHALL NOT LEAD OR ENCOURAGE A COLORADO MINOR2 USER OR A PARENT OF A COLORADO MINOR USER TO PROVIDE PERSONAL3 INFORMATION, PROVIDE CONSENT, DISABLE SAFEGUARDS OR PARENTAL4 TOOLS, OR FORGO PRIVACY OR SECURITY PROTECTIONS REQUIRED UNDER5 THIS PART 16 USING ANY MECHANISM OR INTERFACE THAT IS DESIGNED TO6 SUBSTANTIALLY SUBVERT OR IMPAIR, OR THAT IS MANIPULATED WITH THE7 EFFECT OF SUBSTANTIALLY SUBVERTING OR IMPAIRING , USER AUTONOMY,8 DECISION-MAKING, OR CHOICE.9 6-1-1608. Social media companies - use of engagement designs,10 algorithms, and features. T HE USE OF A DESIGN, ALGORITHM, OR11 FEATURE TO INCREASE, SUSTAIN, OR EXTEND A COLORADO MINOR USER'S12 ENGAGEMENT WITH , OR USE OF, A SOCIAL MEDIA PLATFORM IS13 CONSIDERED PROCESSING THAT PRESENTS A HEIGHTENED RISK OF HARM14 TO MINORS, AS DEFINED IN SECTION 6-1-1303 (14.5), AND IS SUBJECT TO15 THE REQUIREMENTS OF SECTION 6-1-1309.5.16 6-1-1609. Violations - unfair or deceptive trade practice. A17 PERSON THAT KNOWINGLY OR RECKLESSLY VIOLATES THIS PART 16 OR18 AIDS OR ABETS A VIOLATION OF THIS PART 16 COMMITS A DECEPTIVE19 TRADE PRACTICE, AS DESCRIBED IN SECTION 6-1-105 (1)(iiii).20 6-1-1610. Duties and obligations not exclusive - remedies not21 exclusive. (1) T HE DUTIES AND OBLIGATIONS IMPOSED BY THIS PART 1622 ARE IN ADDITION TO ANY OTHER DUTIES OR OBLIGATIONS IMPOSED UNDER23 LOCAL, STATE, OR FEDERAL LAW, AND THIS PART 16 DOES NOT RELIEVE24 ANY PARTY FROM ANY DUTIES OR OBLIGATIONS IMPOSED UNDER LAW .25 (2) T HE REMEDIES OR PENALTIES PROVIDED BY THIS PART 16 ARE26 IN ADDITION TO ANY OTHER REMEDIES OR PENALTIES AVAILABLE UNDER27 HB25-1287 -20- LOCAL, STATE, OR FEDERAL LAW.1 6-1-1611. Severability. I F ANY PROVISION OF THIS PART 16 OR THE2 APPLICATION OF THIS PART 16 TO ANY PERSON OR CIRCUMSTANCE IS HELD3 INVALID, SUCH INVALIDITY DOES NOT AFFECT OTHER PROVISIONS OR4 APPLICATIONS OF THIS PART 16 THAT CAN BE GIVEN EFFECT WITHOUT THE5 INVALID PROVISION OR APPLICATION, AND TO THIS END THE PROVISIONS OF6 THIS PART 16 ARE DECLARED TO BE SEVERABLE.7 6-1-1612. Rules. T HE ATTORNEY GENERAL MAY ADOPT RULES TO8 IMPLEMENT THIS PART 16.9 SECTION 3. In Colorado Revised Statutes, 6-1-105, add (1)(iiii)10 as follows:11 6-1-105. Unfair or deceptive trade practices - definitions.12 (1) A person engages in a deceptive trade practice when, in the course of13 the person's business, vocation, or occupation, the person:14 (iiii) K NOWINGLY OR RECKLESSLY VIOLATES OR AIDS OR ABETS15 THE COMMISSION OF A VIOLATION OF PART 16 OF THIS ARTICLE 1.16 SECTION 4. Act subject to petition - effective date. Section17 6-1-1608, Colorado Revised Statutes, as added in section 2 of this act,18 takes effect October 1, 2025, and the remainder of this act takes effect at19 12:01 a.m. on the day following the expiration of the ninety-day period20 after final adjournment of the general assembly; except that, if a21 referendum petition is filed pursuant to section 1 (3) of article V of the22 state constitution against this act or an item, section, or part of this act23 within such period, then the act, item, section, or part will not take effect24 unless approved by the people at the general election to be held in25 November 2026 and, in such case, will take effect on the date of the26 official declaration of the vote thereon by the governor.27 HB25-1287 -21-