24 LC 49 1909S
The House Committee on Education offers the following substitute to SB 351:
A BILL TO BE ENTITLED
AN ACT
To amend Titles 20 and 39 of the Official Code of Georgia Annotated, relating to education1
and minors, respectively, so as to provide for social media platform access by minors; to2
provide for social media policies in public schools; to include promotion of safe and3
appropriate use of technology and responsible digital citizenship in the state's comprehensive4
character education program; to require the Department of Education to develop and5
periodically update model programs for educating students regarding online safety; to6
provide for required and optional instruction regarding social media for such programs; to7
require public school local governing bodies to adopt, implement, and enforce social media8
policies; to authorize the Department of Education to consult with and assist local governing9
bodies in the development and implementation of such policies; to require local governing10
bodies to submit such policies to the Department of Education for review; to authorize the11
State Board of Education to withhold state funds from local governing bodies for failure to12
comply with certain social media policy requirements; to provide for appeals; to provide for13
venue; to revise provisions relating to the prohibition of bullying and cyberbullying in public14
schools; to require social media platforms to verify the age of account holders and to refuse15
account services to minors without parental consent; to require social medial platforms to16
provide certain information to parents upon request; to provide for enforcement authority of17
the Attorney General; to prohibit certain waivers; to create a civil remedy for damages18
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against commercial entities that distribute material harmful to minors without performing age19
verification methods; to provide for reasonable age verification process requirements for20
commercial entities; to provide for standards for liability; to provide for exceptions; to21
provide that age verification information shall not be retained by commercial entities; to22
provide for the Attorney General's imposition of fines; to provide for definitions; to provide23
for an effective date; to provide for a short title; to provide for related matters; to repeal24
conflicting laws; and for other purposes.25
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:26
PART I27
SECTION 1-1.28
This Act shall be known and may be cited as the "Protecting Georgia's Children on Social29
Media Act of 2024."30
PART II31
SECTION 2-1.32
Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and33
secondary education, is amended in Part 2 of Article 6, relating to competencies and core34
curriculum under the "Quality Basic Education Act," by revising Code Section 20-2-145,35
relating to the comprehensive character education program, as follows:36
"20-2-145.37
(a) The State Board of Education shall develop by the start of the 1997-1998 school year38
a comprehensive character education program for levels K-12. This comprehensive39
character education program shall be known as the 'character curriculum' and shall focus40
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on the students' development of the following character traits: courage, patriotism,41
citizenship, honesty, fairness, respect for others, kindness, cooperation, self-respect,42
self-control, courtesy, compassion, tolerance, diligence, generosity, punctuality,43
cleanliness, cheerfulness, school pride, respect for the environment, respect for the creator,44
patience, creativity, sportsmanship, loyalty, perseverance, and virtue. Such program shall45
also address, by the start of the 1999-2000 2025-2026 school year, methods of discouraging46
bullying and violent acts against fellow students and methods of promoting responsible47
digital citizenship and the safe and appropriate use of technology, the internet, and social48
media. Local boards governing bodies shall implement such a program in all grade levels49
at the beginning of the 2000-2001 2025-2026 school year and shall provide opportunities50
for parental involvement in establishing expected outcomes of the character education51
program.52
(b) The Department of Education shall develop character education program workshops53
designed for public school employees of local school systems."54
SECTION 2-2.55
Said chapter is further amended in said part by revising Code Section 20-2-149, relating to56
program for educating students regarding online internet safety, as follows:57
"20-2-149.58
(a)(1) The Department of Education shall develop a model program model programs for59
educating students regarding online safety while using the Internet internet, taking into60
consideration educational materials on this topic developed by other states as well as any61
other materials suggested by education experts, child psychologists, and technology62
companies that promote child online safety issues.63
(2) The model programs provided for in this subsection shall include one or more model64
programs for students in grades six through 12 which:65
(A) Shall include instruction regarding:66
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(i) The social, emotional, and physical effects of social media on users;67
(ii) The effects of social media on the mental health of users, particularly teenagers;68
(iii) The distribution of disinformation and misinformation on social media;69
(iv) How social media influences thoughts and behaviors;70
(v) The permanency and risks of sharing materials online;71
(vi) How to maintain personal security and identify cyberbullying, predatory72
behavior, and human trafficking on the internet and social media; and73
(vii) How to report suspicious behavior encountered on the internet and social media74
to appropriate persons and authorities; and75
(B) May include information regarding the benefits of social media use, such as76
supporting career readiness for future academic or employment opportunities, sharing77
information with familiar family and friends, and safely connecting with other users78
with similar interests.79
(3) The Department of Education shall periodically update the model programs provided80
for in this subsection to reflect changes in internet and social media use, emergent81
technologies, social and psychological research, and information concerning new threats82
to teenagers and young adults using social media platforms and other online83
communication technologies.84
(4) The Department of Education shall publish on its website information relating to the85
model programs provided for in this Code section, including recommended curricula and86
instructional materials as updated periodically as provided in this subsection. The87
Department of Education shall provide technical assistance in addition to such model88
programs and recommended curricula and instructional materials to aid any local board89
of education that may elect to incorporate one or more components of internet and social90
media safety into its instructional program.91
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(b) Each local board of education may incorporate into its instructional program a92
component on online Internet internet safety, including social media safety, to be taught93
on a schedule as determined by the local board of education."94
SECTION 2-3.95
Said chapter is further amended in Part 15 of Article 6, relating to miscellaneous provisions96
under the "Quality Basic Education Act," by adding a new Code section to read as follows:97
"20-2-324.7.98
(a) As used in this Code section, the term:99
(1) 'Internet' means the global information system that is logically linked together by a100
globally unique address space based on the internet protocol or its subsequent extensions;101
that is able to support communications using the transmission control protocol/internet102
protocol (TCP/IP) suite, its subsequent extensions, or other compatible protocols; and that103
provides, uses, or makes accessible, either publicly or privately, high-level services104
layered on such communications and related infrastructure.105
(2) 'Local governing body' means the board of education of each local school system, the106
governing body of each charter school subject to the provisions of Article 31 or 31A of107
this chapter, and the governing board of each completion special school subject to the108
provisions of Article 31C of this chapter. Such term shall not include system charter109
schools, as defined in Code Section 20-2-2062; conversion charter schools, as defined in110
Code Section 20-2-2062, whose charter is not held by a nonprofit corporation; and111
college and career academies that are charter schools.112
(3) 'Social media platform' has the same meaning as defined in Code Section 39-6-1.113
(b) No later than April 1, 2026, each local governing body shall adopt a social media114
policy which shall:115
(1) Prohibit students from accessing social media platforms through the use of computer116
equipment, communications services, or internet access that is operated, owned, leased,117
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and made available to students by the local governing body, the school system, or a118
public school; and119
(2) Establish appropriate measures to be taken when a student violates such policy.120
(c) A local governing body shall take such steps as it deems appropriate to implement and121
enforce its social media policy, which shall include, but shall not be limited to:122
(1) Use of software programs and other technologies reasonably designed and intended123
to block access to social media platforms; and124
(2) Selection of online servers that block access to social media platforms.125
(d) Each local school system or public school shall publish on its website a copy of the126
social media policy adopted pursuant to subsection (b) of this Code section and shall127
provide a paper copy of such upon written request of a parent or guardian of an enrolled128
student.129
(e) The Department of Education shall be authorized to consult with and assist any local130
governing body in developing and implementing a social media policy pursuant to this131
Code section.132
(f)(1) No later than April 1, 2026, each local governing body shall submit a copy of the133
social media policy adopted pursuant to subsection (b) of this Code section to the134
Department of Education for compliance review. Such submission shall identify any135
software program or other technology that is being or will be utilized to block access to136
social media platforms in accordance with subsection (c) of this Code section.137
(2) The Department of Education shall review each social media policy and any138
subsequent revisions submitted pursuant to paragraph (3) of this subsection. If the139
Department of Education determines after compliance review that a policy or revision140
thereof is not reasonably designed to achieve the requirements of this Code section, it141
shall provide written notice of noncompliance to the local governing body as provided142
for in paragraph (4) of this subsection.143
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(3) No revision of a social media policy which has been deemed compliant pursuant to144
paragraph (2) of this subsection shall be implemented until such revision is reviewed by145
the Department of Education. If the Department of Education fails to provide a notice146
of noncompliance for the revision within 60 days of its receipt, the local governing body147
may proceed with the implementation of the revision.148
(4)(A) The Department of Education shall be responsible for conducting any necessary149
investigations and making written determinations as to whether a local governing body150
has failed to comply with the requirements of this Code section.151
(B) If the Department of Education determines that a local governing body has failed152
to comply with the requirements of this Code section, it shall provide a written notice153
of noncompliance to such local governing body and the local governing body shall have154
30 days from the receipt of such notice to correct such noncompliance and to develop155
a corrective action plan for preventing future recurrences. The Department of156
Education may extend such 30 day period upon a showing of good cause by the local157
governing body.158
(5)(A) The State Board of Education shall be authorized to take corrective action,159
including, but not limited to, withholding a portion of state funding to a local school160
system or public school, as provided for in Code Section 20-2-243, if such local161
governing body fails to comply with the provisions of this Code section or fails to162
enforce or substantially disregards its social media policy.163
(B) If the State Board of Education notifies the local governing body that it is subject164
to the withholding of state funding pursuant to subparagraph (A) of this paragraph, such165
local governing body may bring an action against the State Board of Education seeking166
appropriate relief from the superior court of the county where the local governing body167
is headquartered."168
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SECTION 2-4.169
Said chapter is further amended in Subpart 2 of Part 2 of Article 16, relating to public school170
disciplinary tribunals for students, by revising Code Section 20-2-751.4, relating to policies171
prohibiting bullying, assignment to alternative school, and notice, as follows:172
"20-2-751.4.173
(a) As used in this Code section, the term:174
(1)(A) Bullying' 'bullying' means an act that is:175
(1)(i) Any willful attempt or threat to inflict injury on another person, when176
accompanied by an apparent present ability to do so;177
(2)(ii) Any intentional display of force such as would give the victim reason to fear178
or expect immediate bodily harm; or179
(3)(iii) Any intentional written, verbal, or physical act which a reasonable person180
would perceive as being intended to threaten, harass, or intimidate, that:181
(A)(I) Causes another person substantial physical harm within the meaning of Code182
Section 16-5-23.1 or visible bodily harm as such term is defined in Code Section183
16-5-23.1;184
(B)(II) Has the effect of substantially interfering with a student's education or185
otherwise substantially infringing upon the rights of a student;186
(C)(III) Is so severe, persistent, or pervasive that it creates an intimidating or187
threatening educational environment; or188
(D)(IV) Has the effect of substantially disrupting the orderly operation of the189
school.190
(B) Except as provided in subparagraph (C) of this paragraph, such The term applies191
to acts which occur on school property, on school vehicles, at designated school bus192
stops, or at school related functions or activities, including, but not limited to,193
extracurricular activities, or by use of data or software that is accessed through a194
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computer, computer system, computer network, or other electronic technology of a195
local school system. The term also applies to196
(C) Such term includes acts of cyberbullying which occur through the use of electronic197
communication, whether or not such electronic act originated that originate on school198
property or involve the use of or with school equipment, including, but not limited to,199
acts that occur within a school sponsored online activity. if the electronic200
communication (1) is directed specifically at students or school personnel, (2) is201
maliciously intended for the purpose of threatening the safety of those specified or202
substantially disrupting the orderly operation of the school, and (3) creates a reasonable203
fear of harm to the students' or school personnel's person or property or has a high204
likelihood of succeeding in that purpose. For purposes of this Code section, electronic205
communication includes but is not limited to any transfer of signs, signals, writings,206
images, sounds, data or intelligence of any nature transmitted in whole or in part by a207
wire, radio, electromagnetic, photo electronic or photo optical system.208
(2) 'Cyberbullying' means bullying that involves the use of electronic communication,209
including, but not limited to, communication devices and services, including, but not210
limited to, cellular telephones, cameras, computers, social media platforms, text211
messages, chat platforms, and internet sites.212
(3) 'Electronic communication' means, but is not limited to, any transfer of signs, signals,213
writings, images, sounds, data, or intelligence of any nature transmitted in whole or in214
part by a wire, radio, electromagnetic, photoelectronic, or photo-optical system. Such215
term shall include photographs and video and audio recordings.216
(4) 'Extracurricular activities' has the same meaning as defined in Code Section217
20-2-319.6.218
(5) 'Parent' means a person who has legal authority to act on behalf of a minor child as219
a natural or adoptive parent or a legal guardian.220
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(6) 'School equipment' means any computer or computer networking equipment,221
technology or technology related device or service, or communication system or service222
that is operated, owned, leased, and made available to students by a local board of223
education, local school system, or public school and that is used for transmitting,224
receiving, accessing, viewing, hearing, downloading, recording, or storing electronic225
communication.226
(7) 'Transmit' means to send or broadcast an electronic communication.227
(b) No later than August 1, 2011 July 1, 2026:228
(1) Each local board of education shall adopt a policy that prohibits bullying, including,229
without limitation, cyberbullying, of a student by another by a student and shall require230
such prohibition to be included in the student code of conduct for schools in that school231
system;232
(2) Each local board policy shall require that, upon a finding by the disciplinary hearing233
officer, panel, or tribunal of school officials provided for in this subpart that a student in234
grades six through 12 has committed the offense of bullying for the third time in a school235
year, such student shall be assigned to an alternative school;236
(3) Each local board of education shall establish and publish in its local board policy a237
method to notify the parent, guardian, or other person who has control or charge of a238
student upon a finding by a school administrator that such student has committed an239
offense of bullying or is a target or suspected victim of bullying. Such notice shall, as240
appropriate under the circumstances, include referrals to resources for counseling and241
other appropriate services for students who have been found to have committed an242
offense of bullying or are targets or suspected victims of bullying; and243
(4) Each local board of education shall ensure that students and parents and guardians244
of students are notified of the prohibition against bullying, and the penalties for violating245
the prohibition, by posting such information at each school and by including such246
information in student and parent handbooks; and247
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(5) Each local board of education shall establish a process to regularly evaluate and248
update the use of technology solutions to aid in the prevention of cyberbullying on school249
equipment, including, but not limited to, monitoring software intended to provide250
electronic notification when the occurrence of cyberbullying is detected on such251
equipment.252
(c) No later than January 1, 2011 2026, the Department of Education shall develop a253
model policy regarding bullying, that may be revised from time to time, and shall post such254
policy on its website in order to assist local school systems. Such model policy shall255
include:256
(1) A statement prohibiting bullying;257
(2) A requirement that any teacher or other school employee who has reliable258
information that would lead a reasonable person to suspect that someone is a target of259
bullying shall immediately report it to the school principal;260
(3) A requirement that each school have a procedure for the school administration to261
promptly investigate in a timely manner and determine whether bullying has occurred;262
(4) An age-appropriate range of consequences for bullying which shall include, at263
minimum and without limitation, disciplinary action or counseling as appropriate under264
the circumstances;265
(5) A requirement that each school provide referrals, as appropriate under the266
circumstances, to age-appropriate interventions and services, including, but not limited267
to, counseling services, for students who have been found to have committed an offense268
of bullying or are targets or suspected victims of bullying;269
(6) A procedure for a teacher or other school employee, student, parent, guardian, or270
other person who has control or charge of a student, either anonymously or in such271
person's name, at such person's option, to report or otherwise provide information on272
bullying activity;273
(6)(7) A statement prohibiting retaliation following a report of bullying; and274
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(7)(8) Provisions consistent with the requirements of subsection (b) of this Code section.275
(d) No later than January 1, 2026, the The Department of Education shall develop and post276
on its website:277
(1) A a list of entities and their contact information which produce antibullying training278
programs and materials deemed appropriate by the department for use in local school279
systems. Such list shall include at least one entity that provides awareness and training280
programs relating to cyberbullying; and281
(2) A list of online and in-person providers of counseling and other appropriate services282
for students who have been found by school officials to have committed an offense of283
bullying or are targets or suspected victims of bullying. Such list shall include in-person284
providers available to families in areas throughout the state.285
(e) Any person who reports an incident of bullying in good faith shall be immune from286
civil liability for any damages caused by such reporting.287
(f) Nothing in this Code section or in the model policy promulgated by the Department of288
Education shall be construed to require a local board of education to provide transportation289
to a student transferred to another school as a result of a bullying incident.290
(g) Any school system which is not in compliance with the requirements of subsection (b)291
of this Code section shall be ineligible to receive state funding pursuant to Code Sections292
20-2-161 and 20-2-260."293
PART III294
SECTION 3-1.295
Title 39 of the Official Code of Georgia Annotated, relating to minors, is amended by adding296
a new chapter to read as follows:297
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"CHAPTER 6298
39-6-1.299
As used in this chapter, the term:300
(1) 'Account holder' means a person who is a resident of this state and has an account or301
profile to use a social media platform, including a minor account holder.302
(2) 'Educational entity' means:303
(A) A public elementary or secondary school, including without exception public304
schools provided for under Articles 31, 31A, and 31C of Chapter 2 of Title 20;305
(B) A private elementary or secondary school;306
(C) A unit of the University System of Georgia;307
(D) A unit of the Technical College System of Georgia;308
(E) An independent or private college or university located in Georgia and eligible to309
be deemed an 'approved school' pursuant to paragraph (2) of Code Section 20-3-411;310
or311
(F) A nonpublic postsecondary educational institution provided for in Part 1A of312
Article 7 of Chapter 3 of Title 20.313
(3) 'Minor' means an individual who resides in this state and is actually known or314
reasonably believed by a social media platform to be under the age of 16 years.315
(4) 'Minor account holder' means an account holder who is a minor.316
(5) 'Post' means content that an account holder makes available on a social media317
platform for other account holders or users to view or listen to, including text, images,318
audio, and video.319
(6) 'Social media platform' means an online forum that allows an account holder to create320
a profile, upload posts, view and listen to posts, form mutual connections, and interact321
publicly and privately with other account holders and users. Such term shall not include322
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an online service, website, or application where the predominant or exclusive function323
is any of the following:324
(A) Email;325
(B) A service that, pursuant to its terms of use, does not permit minors to use the326
platform and utilizes commercially reasonable age assurance mechanisms to deter327
minors from becoming account holders;328
(C) A streaming service that provides only licensed media that is not user generated329
in a continuous flow from the service, website, or application to the end user and does330
not obtain a license to the media from a user or account holder by agreement to its331
terms of service;332
(D) News, sports, entertainment, or other content that is preselected by the provider333
and not user generated, and any chat, comment, or interactive functionality that is334
provided incidental to or directly or indirectly related to such content;335
(E) Online shopping or ecommerce, if the interaction with other users or account336
holders is generally limited to the ability to upload a post and comment on reviews, the337
ability to display lists or collections of goods for sale or wish lists, and other functions338
that are focused on online shopping or ecommerce rather than interaction between users339
or account holders;340
(F) Interactive gaming, virtual gaming, or an online service, website, or application that341
allows the creation and uploading of content for the purpose of interactive gaming,342
educational entertainment, or associated entertainment, and communications related to343
that content;344
(G) Photograph editing that has an associated photograph hosting service if the345
interaction with other users or account holders is generally limited to liking or346
commenting;347
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(H) Single-purpose community groups for public safety if the interaction with other348
users or account holders is limited to that single purpose and the community group has349
guidelines or policies against illegal content;350
(I) Business-to-business software;351
(J) Teleconferencing or videoconferencing services that allow reception and352
transmission of audio and video signals for real-time communication;353
(K) Cloud storage;354
(L) Shared document collaboration;355
(M) Cloud computing services, which may include cloud storage and shared document356
collaboration;357
(N) Providing access to or interacting with data visualization platforms, libraries, or358
hubs;359
(O) Permitting comments on a digital news website if the news content is posted only360
by the provider of the digital news website;361
(P) Providing or obtaining technical support for a platform, product, or service;362
(Q) Academic, scholarly, or genealogical research where the majority of the content363
is created or posted by the provider of the online service, website, or application and364
the ability to chat, comment, or interact with other users is directly related to the365
provider's content;366
(R) Internet access and broadband service;367
(S) A classified advertising service in which the provider of the online service, website,368
or application is limited to all of the following:369
(i) Permitting only the sale of goods;370
(ii) Prohibiting the solicitation of personal services;371
(iii) Posting or creating a substantial amount of the content; and372
(iv) Providing the ability to chat, comment, or interact with other users only if it is373
directly related to the provider's content; or374
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(T) An online service, website, or application that is used by or under the direction of375
an educational entity, including a learning management system, student engagement376
program, or subject- or skill-specific program, where the majority of the content is377
created or posted by the provider of the online service, website, or application and the378
ability to chat, comment, or interact with other users is directly related to the provider's379
content.380
(7) 'User' means a person who has access to view all or some of the posts on a social381
media platform, but who is not an account holder.382
39-6-2.383
(a) The provider of a social media platform shall make commercially reasonable efforts384
to verify the age of account holders with a level of certainty appropriate to the risks that385
arise from the social media platform's information management practices or shall apply the386
special conditions applied to minors under this chapter to all account holders.387
(b) The provider of a social media platform shall treat as a minor any individual such388
provider verifies to be under the age of 16 years.389
(c) No provider of a social media platform shall permit a minor to be an account holder390
unless such provider obtains the express consent of such minor's parent or guardian.391
Acceptable methods of obtaining express consent from a parent or guardian include:392
(1) Providing a form for the minor's parent or guardian to sign and return to the social393
media platform by common carrier, facsimile, email, or scanning;394
(2) Providing a toll-free telephone number for the minor's parent or guardian to call to395
consent;396
(3) Coordinating a call with the minor's parent or guardian using videoconferencing397
technology;398
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(4) Collecting information related to the minor's parent's or guardian's government issued399
identification or financial or payment card information and deleting such information400
after confirming the identity of the parent or guardian;401
(5) Allowing the minor's parent or guardian to provide consent by responding to an email402
and taking additional steps to verify the parent's or guardian's identity; and403
(6) Any other commercially reasonable method of obtaining consent using available404
technology.405
(d) Notwithstanding any other provision of this chapter, no provider of a social media406
platform shall permit a minor to hold or open an account on the social media platform if407
the minor is ineligible to hold or open an account under any other provision of state or408
federal law.409
(e) The provider of a social media platform shall make available, upon the request of a410
parent or guardian of a minor, a list and description of the features offered by the social411
media platform related to censoring or moderating content available on the social media412
platform, including any features that can be disabled or modified by an account holder.413
39-6-3.414
For a minor account holder, the provider of a social media platform shall prohibit all of the415
following:416
(1) The display of any advertising in the minor account holder's account based on such417
minor account holder's personal information, except age and location; and418
(2) The collection or use of personal information from the posts, content, messages, text,419
or usage activities of the minor account holder's account other than what is adequate,420
relevant, and reasonably necessary for the purposes for which such information is421
collected, as disclosed to the minor.422
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39-6-4.423
(a) The Attorney General shall have exclusive authority to enforce the provisions of this424
chapter.425
(b) Nothing in this chapter shall be interpreted to serve as the basis for a private right of426
action under this chapter or any other law.427
(c) Subject to the ability to cure an alleged violation under subsection (d) of this Code428
section, the Attorney General may initiate an action and seek damages for up to $2,500.00429
for each violation under this chapter.430
(d) At least 90 days before the day on which the Attorney General initiates an enforcement431
action against a person or entity that is subject to the requirements of this chapter, the432
Attorney General shall provide the person or entity with a written notice that identifies each433
alleged violation and an explanation of the basis for each allegation. The Attorney General434
shall not initiate an action if the person or entity cures the noticed violation within 90 days435
of receiving notice from the Attorney General and provides the Attorney General with a436
written statement indicating that the alleged violation is cured.437
39-6-5.438
No provision in a contract, statement of terms or conditions, or any other purported439
agreement, including, but not limited to, a choice of law provision, a waiver or limitation,440
or a purported waiver or limitation, may be utilized to prevent the application of this441
chapter or prevent, limit, or otherwise interfere with any person's or entity's right to442
cooperate with the Attorney General or to file a complaint with the Attorney General. Any443
such provision shall be null and void and unenforceable as contrary to public policy, and444
a court or arbitrator shall not enforce or give effect to any such provision."445
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SECTION 3-2.446
Said title is further amended in Chapter 5, relating to online internet safety, by adding a new447
Code section to read as follows:448
"39-5-5.449
(a) As used in this Code section, the term:450
(1) 'Commercial entity' means a corporation, limited liability company, partnership,451
limited partnership, sole proprietorship, or other legally recognized entity.452
(2) 'Digitized identification card' means a data file available on a mobile device with453
connectivity to the internet that contains all of the data elements visible on the face and454
back of a driver's license or identification card and displays the current status of the455
driver's license or identification card as being valid, expired, cancelled, suspended,456
revoked, active, or inactive.457
(3) 'Distribute' means to issue, sell, give, provide, deliver, transfer, transmute, circulate,458
or disseminate by any means.459
(4) 'Material harmful to minors' means:460
(A) Any material that the average person, applying contemporary community461
standards, would find, taking the material as a whole and with respect to minors, is462
designed to appeal to, or is designed to pander to, prurient interest;463
(B) Any of the following materials that exploit, are devoted to, or principally consist464
of descriptions of actual, simulated, or animated displays or depictions of any of the465
following, in a manner patently offensive with respect to minors:466
(i) Nipple of the female breast, pubic hair, anus, vulva, or genitals;467
(ii) Touching, caressing, or fondling of nipples, breasts, buttocks, the anus, or468
genitals; or469
(iii) Any sexual act, including, but not limited to, sexual intercourse, masturbation,470
sodomy, bestiality, oral copulation, flagellation, excretory functions, and exhibitions471
of sexual acts; or472
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(C) The material taken as a whole lacks serious literary, artistic, political, or scientific473
value for minors.474
(5) 'Minor' means any individual under the age of 18 years.475
(6) 'News-gathering organization' means:476
(A) An employee of a newspaper, news publication, or news source, printed or477
published on an online or mobile platform, while operating as an employee of a478
news-gathering organization who can provide documentation of employment with the479
newspaper, news publication, or news source; or480
(B) An employee of a radio broadcast station, television broadcast station, cable481
television operator, or wire service while operating as an employee of a news-gathering482
organization who can provide documentation of employment.483
(7) 'Publish' means to communicate or make information available to another person or484
entity on a public website.485
(8) 'Reasonable age verification' means to confirm that a person seeking to access486
published material that may have a substantial portion of material that is harmful to487
minors is at least 18 years of age.488
(9) 'Substantial portion' means more than 33.33 percent of total material on a public489
website which meets the definition of material that is harmful to minors as defined in this490
Code section.491
(b) Before allowing access to a public website that contains a substantial portion of492
material that is harmful to minors, a commercial entity shall use a reasonable age493
verification method, which may include, but not be limited to:494
(1) The submission of a digitized identification card, including a digital copy of a driver's495
license;496
(2) The submission of government-issued identification; or497
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(3) Any commercially reasonable age verification method that meets or exceeds an498
Identity Assurance Level 2 standard, as defined by the National Institute of Standards and499
Technology.500
(c)(1) A commercial entity that knowingly and intentionally publishes or distributes501
material that is harmful to minors on a public website which contains a substantial portion502
of material that is harmful to minors is liable if the commercial entity fails to perform503
reasonable age verification of the individual attempting to access the material.504
(2) A commercial entity that violates this Code section is liable to an individual for505
damages resulting from a minor accessing material harmful to minors, including court506
costs and reasonable attorneys' fees as ordered by the court.507
(3) A commercial entity that violates this Code section shall be subject to a fine of up to508
$10,000.00 for each violation, the amount of which shall be determined by the superior509
court in the county in which any affected minor resides. The Attorney General or510
solicitor general or district attorney having jurisdiction shall institute proceedings to511
impose such fine within one year of the violation. The issuance of a fine under this512
paragraph shall not preclude any right of action.513
(d)(1) When a commercial entity or third party performs a reasonable age verification,514
the commercial entity shall not retain any identifying information after access to the515
material has been granted.516
(2) A commercial entity that is found to have knowingly retained identifying information517
of an individual after access to the material has been granted is liable to such individual518
for damages resulting from retaining the identifying information, including court costs519
and reasonable attorney's fees as ordered by the court.520
(e) This Code section shall not:521
(1) Apply to a news or public interest broadcast, public website video, report, or event;522
(2) Affect the rights of a news-gathering organization; or523
(3) Apply to cloud service providers.524
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(f) An internet service provider and any affiliate, subsidiary, or search engine shall not be525
considered to have violated this Code section solely by providing access or connection to526
or from a public website or to other information or content on the internet or on a facility,527
system, or network that is not under that internet service provider's control, to the extent528
the internet service provider is not responsible for the creation of the content or the529
communication that constitutes material that is harmful to minors."530
PART IV531
SECTION 4-1.532
This Act shall become effective on July 1, 2025.533
SECTION 4-2.534
All laws and parts of laws in conflict with this Act are repealed.535
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