Georgia 2023-2024 Regular Session

Georgia House Bill HB1296 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	24 LC 48 1254S
2		-	The House Committee on Judiciary offers the following substitute to HB 1296:
	1	+	24 LC 56 0116
	2	+	House Bill 1296
	3	+	By: Representatives Hilton of the 48
	4	+	th
	5	+	, Ballinger of the 23
	6	+	rd
	7	+	, New of the 64
	8	+	th
	9	+	, Sainz of the
	10	+	180
	11	+	th
	12	+	, Momtahan of the 17
	13	+	th
	14	+	, and others
3	15		A BILL TO BE ENTITLED
4	16		AN ACT
5		-	To amend Chapter 5 of Title 39 of the Official Code of Georgia Annotated, relating to online1
	17	+	To amend Chapter 5 of Title 39 of the Official Code of Georgia Annotated, relating to online
	18	+	1
6	19		internet safety, so as to provide for social media age verification; to provide for definitions;2
7	20		to provide for parental permission; to provide for restrictions on minor's social media account3
8	21		activity; to provide for parental supervision; to provide for the Consumer Protection Division4
9	22		of the Department of Law to investigate complaints; to provide for civil remedies; to provide5
10	23		for annual reporting; to provide for exceptions; to provide for redesignation of certain Code6
11		-	sections~~; to provide for limitations~~; to provide for related matters; to provide an ~~effective7~~
12		-	~~date; to repeal conflicting~~ laws; and for other purposes.8
	24	+	sections; to provide for related matters; to provide an effective date; to repeal conflicting7
	25	+	laws; and for other purposes.8
13	26		BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:9
14	27		SECTION 1.10
15	28		Chapter 5 of Title 39 of the Official Code of Georgia Annotated, relating to online internet11
16	29		safety, is amended by designating the existing provisions of Chapter 5 as Article 1 of said12
17	30		chapter and adding a new article to read as follows:13
18		-	H. B. 1296 ~~(SUB)~~
19		-	- 1 - 24 LC ~~48 1254S~~
	31	+	H. B. 1296
	32	+	- 1 - 24 LC 56 0116
20	33		"ARTICLE 214
21	34		39-5-10.15
22	35		As used in this article, the term:16
23	36		(1) 'Account holder' means a person who has, or opens, an account or profile to use a17
24	37		social media company's platform.18
25	38		(2) 'Division' means the Consumer Protection Division of the Department of Law.19
26	39		(3) 'Georgia account holder' means a person who is a resident of this state and an account20
27	40		holder, including a Georgia minor account holder.21
28	41		(4) 'Georgia minor account holder' means a Georgia account holder who is a minor.22
29	42		(5) 'Georgia resident' means an individual who currently resides in this state.23
30	43		(6) 'Interactive computer service' means an information service, information system, or24
31	44		information access software provider that provides or enables computer access by25
32	45		multiple users to a computer server and provides access to the internet. An interactive26
33	46		computer service includes a web service, a web system, a website, a web application, or27
34	47		a web portal.28
35	48		(7) 'Minor' means an individual under circumstances where a social media company29
36	49		reasonably believes or has actual knowledge that the individual is under the age of 16 and30
37	50		is not emancipated or married. A social media company shall treat an individual as a31
38	51		minor if the social media company verifies that the individual is under the age of 16, as32
39	52		provided in this article.33
40	53		(8) 'Post' means content that an account holder makes available on a social media34
41	54		platform for other account holders or users to view.35
42	55		(9) 'Social media company' means a person or entity that provides a social media36
43	56		platform and is an interactive computer service.37
44	57		(10)(A) 'Social media platform' means a public or semipublic internet based service or38
45	58		application that:39
46		-	H. B. 1296 ~~(SUB)~~
47		-	- 2 - 24 LC ~~48 1254S~~
	59	+	H. B. 1296
	60	+	- 2 - 24 LC 56 0116
48	61		(i) Has users in Georgia;40
49	62		(ii) Connects users in order to allow them to interact socially with each other within41
50	63		the service or application; and42
51	64		(iii) Allows users to:43
52	65		(I) Construct a public or semipublic profile for purposes of signing into and using44
53	66		the service or application;45
54	67		(II) Populate a list of other users with whom an individual shares a social or virtual46
55	68		connection within the system, including subscribing to content related to another47
56	69		user; and48
57	70		(III) Create or post content viewable by other users, including, but not limited to,49
58	71		on message boards, in chat rooms, on video channels, or through a landing page or50
59	72		main feed that presents the user with content generated by other users.51
60	73		(B) Such term shall not include an online service, website, or application where the52
61	74		predominant or exclusive function is:53
62	75		(i) Email;54
63	76		(ii) A service that, pursuant to its terms of use, does not permit minors to use the55
64	77		platform and utilizes commercially reasonable age assurance mechanisms to attempt56
65	78		to prohibit minors from becoming account holders or users;57
66	79		(iii) A streaming service that provides only licensed media in a continuous flow from58
67	80		the service, website, or application to the end user and does not obtain a license to the59
68	81		media from a user or account holder by agreement to its terms of service;60
69	82		(iv) News, sports, entertainment, or other content that is preselected by the provider61
70	83		and not user generated, and any chat, comment, or interactive functionality that is62
71	84		provided incidental to, directly related to, or dependent upon provisions of the63
72	85		content;64
73	86		(v) Online shopping or ecommerce, if the interaction with other users or account65
74	87		holders is generally limited to the ability to upload a post and comment on reviews,66
75		-	H. B. 1296 ~~(SUB)~~
76		-	- 3 - 24 LC ~~48 1254S~~
	88	+	H. B. 1296
	89	+	- 3 - 24 LC 56 0116
77	90		the ability to display lists or collections of goods for sale or wish lists, and any other67
78	91		function that is focused on online shopping or ecommerce rather than interaction68
79	92		between users or account holders;69
80	93		(vi) Interactive gaming, virtual gaming, or an online service that allows the creation70
81	94		and uploading of content and the communication related to that content for the71
82	95		purpose of interactive gaming, educational entertainment, or associated entertainment;72
83	96		(vii) Photograph editing that has an associated photograph hosting service if the73
84	97		interaction with other users or account holders is generally limited to liking or74
85	98		commenting;75
86	99		(viii) Single purpose community groups for public safety if the interaction with other76
87	100		users or account holders is limited to that single purpose and the community group77
88	101		has guidelines or policies against illegal content;78
89	102		(ix) Career development opportunities, including professional networking, job skills,79
90	103		learning certifications, and job posting and application services;80
91	104		(x) Business-to-business software;81
92	105		(xi) A teleconferencing or videoconferencing service that allows reception and82
93	106		transmission of audio and video signals for real-time communication;83
94	107		(xii) Cloud storage;84
95	108		(xiii) Shared document collaboration;85
96	109		(xiv) Cloud computing services, which may include cloud storage and shared86
97	110		document collaboration;87
98	111		(xv) Providing access to or interacting with data visualization platforms, libraries, or88
99	112		hubs;89
100	113		(xvi) Permitting comments on a digital news website if the news content is posted by90
101	114		only the provider of the digital news website;91
102	115		(xvii) Providing or obtaining technical support for a platform, product, or service;92
103	116		(xviii) Academic, scholarly, or genealogical research;93
104		-	H. B. 1296 ~~(SUB)~~
105		-	- 4 - 24 LC ~~48 1254S~~
	117	+	H. B. 1296
	118	+	- 4 - 24 LC 56 0116
106	119		(xix) Internet access and broadband service;94
107	120		(xx) A classified advertising service in which the user is limited to providing the95
108	121		ability to chat, comment, or interact with other users only if it is directly related to the96
109	122		sale of goods; and97
110	123		(xxi) An online, service, website, or application that is used by or under the direction98
111	124		of an educational entity, including a learning management system, a student99
112	125		engagement program, or a subject or skill-specific program, where the majority of the100
113	126		content is created or posted by the provider of the online service, website, or101
114	127		application and the ability to chat, comment, or interact with other users is directly102
115	128		related to the provider's content.103
116	129		(11) 'User' means a person who has access to view all or some of the posts on a social104
117	130		media platform.105
118	131		39-5-11.106
119	132		(a) A social media company shall make commercially reasonable efforts to verify the age107
120	133		of Georgia account holders with a level of certainty appropriate to the risks that arise from108
121	134		the information management practices of the social media company or apply the109
122	135		accommodations afforded to minors pursuant to this article to all account holders.110
123	136		(b) A social media company shall not permit a Georgia resident who is a minor to be an111
124	137		account holder on the social media company's social media platform unless the minor has112
125	138		the express consent of a parent or guardian. Acceptable methods of obtaining express113
126	139		consent from a parent or guardian include:114
127	140		(1) Providing a form for the minor's parent or guardian to sign and return to the digital115
128	141		service provider by common carrier, facsimile, or electronic scan;116
129	142		(2) Providing a toll-free telephone number for the minor's parent or guardian to call to117
130	143		consent;118
131		-	H. B. 1296 ~~(SUB)~~
132		-	- 5 - 24 LC ~~48 1254S~~
	144	+	H. B. 1296
	145	+	- 5 - 24 LC 56 0116
133	146		(3) Coordinating a call with a minor's parent or guardian over video conferencing119
134	147		technology;120
135	148		(4) Collecting information related to the government issued identification of the minor's121
136	149		parent or guardian and deleting that information after confirming the identity of the122
137	150		minor's parent or guardian;123
138	151		(5) Allowing the minor's parent or guardian to provide consent by responding to an email124
139	152		and taking additional steps to verify the identity of the minor's parent or guardian; and125
140	153		(6) Any other commercially reasonable method of obtaining consent in light of available126
141	154		technology.127
142	155		(c) Notwithstanding any other provision of this article, a social media company shall not128
143	156		permit a Georgia resident who is a minor to hold or open an account on a social media129
144	157		platform if the minor is ineligible to hold or open an account pursuant to any other130
145	158		provision of state or federal law.131
146	159		39-5-12.132
147	160		For a Georgia minor account holder, a social media company shall prohibit:133
148	161		(1) Adults from direct messaging a Georgia minor account holder unless the minor is134
149	162		already connected to the adult on the service;135
150	163		(2) The display of any advertising in the account based on the Georgia minor account136
151	164		holder's personal information, except age and location; and137
152	165		(3) The collection or use of personal information from the posts, content, messages, text,138
153	166		or usage activities of the account other than information beyond what is adequate,139
154	167		relevant, and reasonably necessary in relation to the purposes for which such information140
155	168		is collected, as disclosed.141
156		-	H. B. 1296 ~~(SUB)~~
157		-	- 6 - 24 LC ~~48 1254S~~
	169	+	H. B. 1296
	170	+	- 6 - 24 LC 56 0116
158	171		39-5-13.142
159	172		A social media company shall provide a parent or guardian who has given parental consent143
160	173		for a Georgia minor account holder as provided in this article with a means for the minor144
161	174		account holder or the parent or guardian to initiate account supervision. Such supervision145
162	175		shall include the ability for the parent or guardian to view privacy settings of the minor's146
163	176		account, set daily time limits for the service, schedule breaks, and offer the minor the147
164	177		option to set up parental notifications when the minor reports a person or issue.148
165	178		39-5-14.149
166	179		(a) The division shall receive consumer complaints alleging any violation of this article,150
167	180		and any person may file a consumer complaint with the division that alleges a violation of151
168	181		this article.152
169	182		(b) The division shall investigate a consumer complaint to determine whether a violation153
170	183		of this article has occurred.154
171	184		39-5-15.155
172	185		(a) The division has exclusive authority to administer and enforce the requirements of this156
173	186		article.157
174	187		(b) Subject to the ability to cure an alleged violation of subsection (d) of this Code section,158
175	188		the Attorney General may impose an administrative fine of up to $2,500.00 for each159
176	189		violation of this article, and the division may bring an action in a court of competent160
177	190		jurisdiction to enforce any provision of this article.161
178	191		(c) In a court action by the division to enforce any provision of this article, the court may:162
179	192		(1) Declare that the act or practice violates a provision of this article;163
180	193		(2) Issue an injunction for a violation of this article;164
181	194		(3) Order any profits, gains, gross receipts, or benefit from a violation of this article to165
182	195		be forfeited and paid to the aggrieved person;166
183		-	H. B. 1296 ~~(SUB)~~
184		-	- 7 - 24 LC ~~48 1254S~~
	196	+	H. B. 1296
	197	+	- 7 - 24 LC 56 0116
185	198		(4) Impose a civil penalty of up to $2,500.00 for each violation of this article;167
186	199		(5) Award damages to the aggrieved person; or168
187	200		(6) Award any other relief that the court considers reasonable and necessary.169
188	201		(d)(1) At least 45 days before the day on which the division initiates an enforcement170
189	202		action against a person who is subject to the requirements of this article, the division shall171
190	203		provide the person with a written notice that identifies each alleged violation and an172
191	204		explanation of the basis for each allegation.173
192	205		(2) Except as provided in paragraph (3) of this subsection, the division shall not initiate174
193	206		an action if the person cures the noticed violation within 45 days after the date on which175
194	207		the person receives the notice by providing the division with a written statement176
195	208		indicating the violation is cured and no further violations will occur.177
196	209		(3) The division may initiate a civil action against a person who:178
197	210		(A) Fails to cure a violation after receiving the written notice described in179
198	211		paragraph (1) of this subsection; or180
199	212		(B) Commits another violation of the same provision after curing a violation and181
200	213		providing a written statement in accordance with paragraph (2) of this subsection.182
201	214		(4) If a court of competent jurisdiction grants judgment or injunctive relief to the183
202	215		division, the court shall award the division:184
203	216		(A) Reasonable attorney fees;185
204	217		(B) Court costs; and186
205	218		(C) Investigative costs.187
206	219		(5) A person who violates an administrative order or court order issued for a violation188
207	220		of this article shall be subject to a civil penalty of not more than $5,000.00 for each189
208	221		violation. A civil penalty in accordance with this Code section may be imposed in any190
209	222		civil action brought by the division.191
210		-	H. B. 1296 ~~(SUB)~~
211		-	- 8 - 24 LC ~~48 1254S~~
	223	+	H. B. 1296
	224	+	- 8 - 24 LC 56 0116
212	225		(6) All moneys received from the payment of a fine or civil penalty imposed and192
213	226		collected pursuant to the provisions of this Code section shall be used by the division to193
214	227		promote consumer protection and education.194
215	228		39-5-16.195
216	229		(a) The division shall compile an annual report that contains:196
217	230		(1) An evaluation of the liability and enforcement provisions of this article, including,197
218	231		but not limited to, the effectiveness of the division's efforts to enforce this article and any198
219	232		recommendations for revisions to this article, including proposals for legislation;199
220	233		(2) A summary of the consumer interactions, protected and not protected by this article,200
221	234		including a list of alleged violations the division has received; and201
222	235		(3) An accounting of:202
223	236		(A) All administrative fines and civil penalties assessed during the year;203
224	237		(B) All administrative fines and civil penalties collected during the year; and204
225	238		(C) The use of funds from all administrative fines and civil penalties collected during205
226	239		the year.206
227	240		(b) The division may update or correct the report as new information becomes available.207
228	241		(c) The division shall maintain the report, which shall be published on its website.208
229	242		39-5-17.209
230	243		Notwithstanding any contract or choice of law provision in a contract, a waiver or210
231	244		limitation, or purported waiver or limitation, shall be void and unenforceable as contrary211
232	245		to public policy, and a court or arbitrator shall not enforce or give effect to any waiver of212
233		-	a protection or requirement pursuant to this article.213
234		-	H. B. 1296 (SUB)
235		-	- 9 - 24 LC 48 1254S
236		-	39-5-18.214
237		-	The provisions of this chapter shall be construed as in addition to and in no way limit or215
238		-	abridge any other rights or remedies available at law or equity."216
239		-	SECTION 2.217
240		-	Said chapter is further amended by replacing "chapter" with "article" wherever the former218
241		-	term occurs in:219
242		-	(1) Code Section 39-5-1, relating to definitions; and220
243		-	(2) Code Section 39-5-3, relating to immunity for computer service providers.221
244		-	SECTION 3.222
245		-	This Act shall become effective on July 1, 2025.223
246		-	SECTION 4.224
247		-	All laws and parts of laws in conflict with this Act are repealed.225
248		-	H. B. 1296 (SUB)
	246	+	a protection or requirement pursuant to this article."213
	247	+	H. B. 1296
	248	+	- 9 - 24 LC 56 0116
	249	+	SECTION 2.
	250	+	214
	251	+	Said chapter is further amended by replacing "chapter" with "article" wherever the former215
	252	+	term occurs in:216
	253	+	(1) Code Section 39-5-1, relating to definitions; and217
	254	+	(2) Code Section 39-5-3, relating to immunity for computer service providers.218
	255	+	SECTION 3.219
	256	+	This Act shall become effective on July 1, 2025.220
	257	+	SECTION 4.221
	258	+	All laws and parts of laws in conflict with this Act are repealed.222
	259	+	H. B. 1296
249	260		- 10 -