24 LC 49 1936S
Senate Bill 351
By: Senators Anavitarte of the 31st, Robertson of the 29th, Brass of the 28th, Kennedy of the
18th, Gooch of the 51st and others
AS PASSED
A BILL TO BE ENTITLED
AN ACT
To amend Titles 20 and 39 of the Official Code of Georgia Annotated, relating to education
1
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; to require6
local boards of education and governing bodies of charter schools to annually submit7
acceptable-use policies and technology protection measures for review by the State Board8
of Education; to provide for compliance standards and specifications for technology9
protection measures to be used in public schools; to provide for inclusion of parental10
measures and controls in such technology protection measures; to provide for the11
identification and prioritization of providers of technology protection measures which meet12
or exceed such standards and specifications; to provide for the Department of Education to13
provide guidance and develop training programs to assist public schools; to provide for the14
withholding of state funds allotted for public schools that have not provided for adequate15
technology protection measures; to prohibit certain waivers; to provide for required and16
optional instruction regarding social media for such programs; to require public school local17
governing bodies to adopt, implement, and enforce social media policies; to authorize the18
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Department of Education to consult with and assist local governing bodies in the
19
development and implementation of such policies; to require local governing bodies to20
submit such policies to the Department of Education for review; to authorize the State Board21
of Education to withhold state funds from local governing bodies for failure to comply with22
certain social media policy requirements; to provide for appeals; to provide for venue; to23
revise provisions relating to the prohibition of bullying and cyberbullying in public schools;24
to require social media platforms to verify the age of account holders and to refuse account25
services to minors without parental consent; to require social medial platforms to provide26
certain information to parents upon request; to provide for enforcement authority of the27
Attorney General; to prohibit certain waivers; to create a civil remedy for damages against28
commercial entities that distribute material harmful to minors without performing age29
verification methods; to provide for reasonable age verification process requirements for30
commercial entities; to provide for standards for liability; to provide for exceptions; to31
provide that age verification information shall not be retained by commercial entities; to32
provide for the Attorney General's imposition of fines; to provide for definitions; to provide33
for an effective date; to provide for a short title; to provide for related matters; to repeal34
conflicting laws; and for other purposes.35
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:36
PART I37
SECTION 1-1.38
This Act shall be known and may be cited as the "Protecting Georgia's Children on Social39
Media Act of 2024."40
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PART II
41
SECTION 2-1.42
Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and43
secondary education, is amended in Part 2 of Article 6, relating to competencies and core44
curriculum under the "Quality Basic Education Act," by revising Code Section 20-2-145,45
relating to the comprehensive character education program, as follows:46
"20-2-145.47
(a) The State Board of Education shall develop by the start of the 1997-1998 school year48
a comprehensive character education program for levels K-12. This comprehensive49
character education program shall be known as the 'character curriculum' and shall focus50
on the students' development of the following character traits: courage, patriotism,51
citizenship, honesty, fairness, respect for others, kindness, cooperation, self-respect,52
self-control, courtesy, compassion, tolerance, diligence, generosity, punctuality,53
cleanliness, cheerfulness, school pride, respect for the environment, respect for the creator,54
patience, creativity, sportsmanship, loyalty, perseverance, and virtue. Such program shall55
also address, by the start of the 1999-2000
2025-2026 school year, methods of discouraging56
bullying and violent acts against fellow students and methods of promoting responsible57
digital citizenship and the safe and appropriate use of technology, the internet, and social58
media. Local boards governing bodies shall implement such a program in all grade levels59
at the beginning of the 2000-2001 2025-2026 school year and shall provide opportunities60
for parental involvement in establishing expected outcomes of the character education61
program.62
(b) The Department of Education shall develop character education program workshops63
designed for public school employees of local school systems."64
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SECTION 2-2.
65
Said chapter is further amended in said part by revising Code Section 20-2-149, relating to66
program for educating students regarding online internet safety, as follows:67
"20-2-149.68
(a)(1)
The Department of Education shall develop a model program model programs for69
educating students regarding online safety while using the Internet internet, taking into70
consideration educational materials on this topic developed by other states as well as any71
other materials suggested by education experts, child psychologists, and technology72
companies that promote child online safety issues.73
(2) The model programs provided for in this subsection shall include one or more model74
programs for students in grades six through 12 which:75
(A) Shall include instruction regarding:76
(i) The social, emotional, and physical effects of social media on users;77
(ii) The effects of social media on the mental health of users, particularly teenagers;78
(iii) The distribution of disinformation and misinformation on social media;79
(iv) How social media influences thoughts and behaviors;80
(v) The permanency and risks of sharing materials online;81
(vi) How to maintain personal security and identify cyberbullying, predatory82
behavior, and human trafficking on the internet and social media; and83
(vii) How to report suspicious behavior encountered on the internet and social media84
to appropriate persons and authorities; and85
(B) May include information regarding the benefits of social media use, such as86
supporting career readiness for future academic or employment opportunities, sharing87
information with familiar family and friends, and safely connecting with other users88
with similar interests.89
(3) The Department of Education shall periodically update the model programs provided90
for in this subsection to reflect changes in internet and social media use, emergent91
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technologies, social and psychological research, and information concerning new threats92
to teenagers and young adults using social media platforms and other online93
communication technologies.94
(4) The Department of Education shall publish on its website information relating to the95
model programs provided for in this Code section, including recommended curricula and96
instructional materials as updated periodically as provided in this subsection. The97
Department of Education shall provide technical assistance in addition to such model98
programs and recommended curricula and instructional materials to aid any local board99
of education that may elect to incorporate one or more components of internet and social100
media safety into its instructional program.101
(b) Each local board of education may incorporate into its instructional program a102
component on online Internet internet safety, including social media safety, to be taught103
on a schedule as determined by the local board of education."104
SECTION 2-3.105
Said chapter is further amended in Part 15 of Article 6, relating to miscellaneous provisions106
under the "Quality Basic Education Act," by revising Code Section 20-2-324, relating to107
internet safety policies in public schools, as follows:108
"20-2-324.109
(a) As used in this Code section, the term:110
(1) 'Acceptable-use policy' means a policy for Internet usage internet use adopted by a111
local board of education or appropriate school governing body that meets the112
requirements of this Code section.113
(2) 'Child pornography' means any visual depiction, including any live performance,114
photograph, film, video, picture, or computer or computer generated image or picture,115
whether made or produced by electronic, mechanical, or other means, of sexually explicit116
conduct, as such term is defined in Code Section 16-12-100, when:117
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(A) The production of the visual depiction involves a minor engaging in sexually118
explicit conduct;119
(B) The visual depiction is of a minor engaging in sexually explicit conduct; or120
(C) The visual depiction has been created, adapted, or modified to appear that an121
identifiable minor is engaging in sexually explicit conduct. computer depiction or other122
material depicting a child under the age of 18 years engaging in sexually explicit123
conduct or in the simulation of such conduct.124
(3) 'Harmful to minors' has the meaning given to such term in Code Section 16-12-100.1125
means that quality of description or representation, in whatever form, of nudity, sexual126
conduct, sexual excitement, or sadomasochistic abuse, when: 127
(A) Taken as a whole, it predominantly appeals to the prurient, shameful, or morbid128
interest of minors;129
(B) It is patently offensive to prevailing standards in the adult community as a whole130
with respect to what is suitable material for minors; and131
(C) Taken as a whole, it is lacking in serious literary, artistic, political, or scientific132
value for minors.133
(4) 'Identifiable minor' means a person:134
(A)(i) Who was a minor at the time the visual depiction was created, adapted, or135
modified; or136
(ii) Whose image as a minor was used in creating, adapting, or modifying the visual137
depiction; and138
(B) Who is recognizable as an actual person by such person's face, likeness, or other139
distinguishing physical characteristic or other recognizable physical feature.140
(4)(5) 'Internet' means a global network that connects computers via telephone lines,141
fiber networks, or both to electronic information the global information system that is142
logically linked together by a globally unique address space based on the internet143
protocol or its subsequent extensions; that is able to support unencrypted communications144
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using the transmission control protocol/internet protocol (TCP/IP) suite, its subsequent145
extensions, or other internet protocol compatible protocols; and that provides, uses, or146
makes accessible, either publicly or privately, high level services layered on such147
communications and related infrastructure.148
(5) 'Obscene' has the meaning given to such term in Code Section 16-12-80.149
(6) 'Local governing body' means the board of education of each local school system, the150
governing body of each charter school subject to the provisions of Article 31 or 31A of151
this chapter, and the governing board of each completion special school subject to the152
provisions of Article 31C of this chapter. Such term shall not include system charter153
schools, as defined in Code Section 20-2-2062; conversion charter schools, as defined in154
Code Section 20-2-2062, whose charter is not held by a nonprofit corporation; and155
college and career academies that are charter schools.156
(7) 'Obscene material' means material which meets the following requirements:157
(A) To the average person, applying contemporary community standards, taken as a158
whole, the material predominantly appeals or panders to prurient interest in nudity, sex,159
or excretion;160
(B) The material, taken as a whole, lacks serious literary, artistic, political, or scientific161
value; and162
(C) The material depicts or describes in a patently offensive way sexual conduct as163
follows:164
(i) Acts of sexual intercourse, heterosexual or homosexual, normal or perverted,165
actual or simulated;166
(ii) Acts of masturbation;167
(iii) Acts involving excretory functions or lewd exhibition of the genitals;168
(iv) Acts of bestiality or the fondling of sex organs of animals; or169
(v) Sexual acts of flagellation, torture, or other violence indicating a sadomasochistic170
sexual relationship.171
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(6) 'Sexually explicit conduct' has the meaning given to such term in Code172
Section 16-12-100.173
(8) 'School equipment' means any computer or computer networking equipment,174
technology or technology related device or service, or communication system or service175
that is operated, owned, leased, and made available to students by a local board of176
education, local school system, or public school and that is used for transmitting,177
receiving, accessing, viewing, hearing, downloading, recording, or storing electronic178
communication.179
(9) 'Technology protection measure' means a technology that inspects and analyzes180
unencrypted internet traffic for malware and that blocks or filters electronic access to181
obscene materials, child pornography, or material that is harmful to minors.182
(b)(1) No later than January 1, 2007 October 1, 2025, each local governing body board183
of education shall adopt an acceptable-use policy for its school system. At a minimum,184
an acceptable-use policy shall contain provisions which are reasonably designed to:185
(1)(A) Prevent and prohibit students and employees of the school system from using186
any school equipment computer or equipment and communication services owned or187
leased by the school system from being used for accessing, sending, receiving,188
viewing, or downloading visual depictions of obscenity obscene materials, child189
pornography, or material that is harmful to minors;190
(2)(B) Establish appropriate measures to be taken by the school or local school system191
in response to:192
(i) Students against students and school employees who willfully intentionally violate193
the acceptable-use policy, whether or not such student or school employee was, at the194
time of such violation, on school property, on a school bus or other school vehicle, at195
a school related function, or elsewhere, provided that such measures include196
disciplinary measures; and197
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(ii) Any person who is not a student or school employee who violates the198
acceptable-use policy, whether or not such person was, at the time of such violation,199
on school property, on a school bus or other school vehicle, at a school related200
function, or elsewhere;201
(C) Provide for administrative procedures to enforce the acceptable-use policy;202
(D) Provide for administrative procedures to address complaints regarding possible203
violations of the acceptable-use policy which, at a minimum, require that each204
complaint is responded to in writing by an appropriate school or local school system205
official; and206
(3)(E) Provide for expedited review and resolution of a claim that the application of207
the acceptable-use policy is denying a student or school employee access to material208
that is not within the prohibition prohibitions of the acceptable-use policy.209
(2) The acceptable-use policy provided for in paragraph (1) of this subsection may210
include terms, conditions, and requirements deemed appropriate by the local governing211
body to differentiate acceptable uses among elementary, middle, and high school students212
and among different age groups; provided, however, that any local governing body that213
authorizes such differentiation shall articulate in its acceptable-use policy the rationale214
for each method of differentiation included in such acceptable-use policy.215
(3) Each local governing body shall provide reasonable opportunities and procedures for216
parents or guardians of current students to confer and collaborate with school217
administrators and teachers regarding appropriate internet access for such students.218
(c) A Each local board of education governing body and local school superintendent shall219
take such steps as it deems appropriate as are necessary and appropriate to implement and220
enforce the acceptable-use policy, which shall include, but shall not be limited to:,221
providing for the adoption, use, and routine upgrading of technology protection measures222
which meet or exceed compliance standards and specifications established by the223
department.224
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(1) Use of software programs reasonably designed to block access to visual depictions225
of obscenity, child pornography, and material that is harmful to minors; or226
(2) Selection of online servers that block access to visual depictions of obscenity, child227
pornography, and material that is harmful to minors.228
(d) Each school and local school system shall provide, upon written request of a parent or229
guardian, a copy of the acceptable-use policy adopted pursuant to subsection (b) of this230
Code section and information regarding the administrative procedures in effect to enforce231
such acceptable-use policy and to address complaints about such enforcement.232
(e)(1)(A) Beginning with the 2025-2026 school year and each school year thereafter,233
by April 1, the department shall establish compliance standards and specifications for234
technology protection measures to be used by schools and local school systems. To the235
extent practicable, such compliance standards and specifications for technology236
protection measures shall include measures and controls for parents or guardians of237
current students to supervise and manage appropriate internet access by such students238
who are using a school issued computer or other electronic device while not on school239
property, not on a school bus or other school vehicle, or not at a school related function. 240
In addition to establishing such compliance standards and specifications, the department241
shall recommend technology protection measures to be installed by schools and local242
school systems on each computer or other electronic device issued to students for243
off-campus use.244
(B) The department is authorized, in collaboration with the Department of245
Administrative Services, to identify a nonexclusive list of providers of technology246
protection measures that meet or exceed such standards and specifications; provided,247
however, that the department shall no less than annually require each such provider to248
verify that the technology protection measures it provides meet or exceed such249
standards and specifications. The department is authorized to provide information to250
schools and local school systems regarding state contracts with such providers of251
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technology protection measures. The department shall prioritize the identification of252
providers of technology protection measures that include parental measures and253
controls as provided for in subparagraph (A) of this paragraph.254
(2)(A) The department shall provide guidance and technical assistance to assist schools255
and local school systems in complying with the requirements of this Code section.256
(B) No later than December 1, 2025, the department shall develop guidelines for the257
training of school personnel. The training guidelines shall include instruction in:258
(i) Implementing and complying with acceptable-use policies required by this Code259
section;260
(ii) Basic cyber security issues pertinent to schools, students, and educators,261
including, but not limited to, phishing and multifactor authentication; and262
(iii) Other current and emerging issues and topics which address the safe and secure263
use of technology by students and educators.264
The Attorney General and the department shall consult with and assist any local board265
of education in the development and implementation of an acceptable-use policy pursuant266
to this Code section.267
(f)(1) No later than January 31, 2007, Beginning with the 2025-2026 school year and268
each school year thereafter, by October 15, each local board of education governing body269
shall submit a copy of the acceptable-use policy adopted pursuant to subsection (b) of this270
Code section to the State Board of Education. Such submission shall also include the271
identification of any software program or online server the technology protection272
measures that is are being utilized used to block access to material in accordance with273
subsection (c) of this Code section.274
(2) The State Board of Education shall review each acceptable-use policy and technology275
protection measure and any subsequent revisions submitted pursuant to paragraph (3) of276
this subsection. If the state board determines after review that a policy, technology277
protection measure, or revision is not reasonably designed to achieve the requirements278
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of this Code section, the state board shall provide written notice to the local board of279
education governing body explaining the nature of such noncompliance, and the local280
board of education governing body shall have 30 days from the receipt of written notice281
to correct such noncompliance. The state board may provide an extension to the 30 day282
period on a showing of good cause.283
(3) No revision of an acceptable-use policy submission which has been approved by the284
state board pursuant to paragraph (2) of this subsection shall be implemented until such285
revision is approved by the state board. If the state board fails to disapprove the revision286
within 60 days after the submission is received, the local board of education governing287
body may proceed with the implementation of the revision.288
(4) The state board shall be authorized to withhold a portion of the state funding289
allotment for a school or to a local school system if the local board of education that:290
(A) Fails to timely submit an acceptable-use policy or technology protection measure291
in accordance with paragraph (1) of this subsection;292
(B) Submits an acceptable-use policy that is not reasonably designed to achieve the293
requirements of this Code section; or294
(C) Is not enforcing or is substantially disregarding its acceptable-use policy.;295
(D) Is using technology protection measures which do not meet or exceed standards296
and specifications established by the department to block access to material in297
accordance with subsection (c) of this Code section; or298
(E) Is not using any technology protection measures to block access to material in299
accordance with subsection (c) of this Code section.300
(5) If the state board disapproves an acceptable-use policy of a local board of education301
or any revision thereof or notifies the a local board of education governing body that it302
is subject to the withholding of funding pursuant to paragraph (4) of this subsection, the303
local board of education governing body may appeal the decision to the superior court of304
the county where the local board of education such local governing body is situated.305
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(g)(1) The state board shall be responsible for conducting investigations and making
306
written determinations as to whether a local board of education
governing body has307
violated the requirements of this Code section.308
(2) If the state board determines that a local board of education governing body is in309
violation of the requirements of this Code section, it shall direct the local board of310
education such local governing body to acknowledge and correct the violation within 30311
days and to develop a corrective plan for preventing future recurrences.312
(h)(1) Notwithstanding any other provision of this Code section to the contrary, an313
administrator or supervisor of a school or local school system, or designee thereof, may314
disable the software program or online server that is being utilized technology protection315
measure that is being used to block access to material or take other reasonable steps for316
an adult or for a minor who provides written consent from his or her parent or guardian317
to enable access to the Internet internet for bona fide research or other lawful purpose.318
(2) Nothing in paragraph (1) of this subsection shall be construed to permit any person319
to have access to material the character of which is illegal under federal or state law.320
(i) This Code section shall not be subject to waiver pursuant to Code Section 20-2-82 for321
a strategic waivers school system, Code Section 20-2-2063.2 or 20-2-2065 for a charter322
system, Code Section 20-2-2065 for a charter school, Code Section 20-2-2096.3 for a323
completion special school, or Code Section 20-2-244. A local board of education which324
is fulfilling the requirements of the federal Children's Internet Protection Act, P.L. 106-554,325
is not required to comply with this Code section."326
SECTION 2-4.327
Said chapter is further amended in Part 15 of Article 6, relating to miscellaneous provisions328
under the "Quality Basic Education Act," by adding a new Code section to read as follows:329
"20-2-324.7.330
(a) As used in this Code section, the term:331
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(1) 'Internet' means the global information system that is logically linked together by a332
globally unique address space based on the internet protocol or its subsequent extensions;333
that is able to support communications using the transmission control protocol/internet334
protocol (TCP/IP) suite, its subsequent extensions, or other compatible protocols; and that335
provides, uses, or makes accessible, either publicly or privately, high-level services336
layered on such communications and related infrastructure.337
(2) 'Local governing body' means the board of education of each local school system, the338
governing body of each charter school subject to the provisions of Article 31 or 31A of339
this chapter, and the governing board of each completion special school subject to the340
provisions of Article 31C of this chapter. Such term shall not include system charter341
schools, as defined in Code Section 20-2-2062; conversion charter schools, as defined in342
Code Section 20-2-2062, whose charter is not held by a nonprofit corporation; and343
college and career academies that are charter schools.344
(3) 'Social media platform' has the same meaning as defined in Code Section 39-6-1.345
(b) No later than April 1, 2026, each local governing body shall adopt a social media346
policy which shall:347
(1)(A) Except as provided in subparagraph (B) of this paragraph, prohibit students348
from accessing social media platforms through the use of computer equipment,349
communications services, or internet access that is operated, owned, leased, and made350
available to students by the local governing body, the school system, or a public school.351
(B) To the extent authorized by such social media policy, students shall be permitted352
to access social media platforms only:353
(i) As directed by school personnel;354
(ii) For the exclusive purpose of accessing and utilizing age-appropriate educational355
resources;356
(iii) Under the supervision of such school personnel; and357
(iv) During the course of a school related activity;358
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(2) Establish appropriate measures to be taken when a student violates such policy; and359
(3) Establish procedures for parents and legal guardians to:360
(A) Request information from school personnel about what social media platforms361
have been or are intended to be accessed as provided in subparagraph (B) of362
paragraph (1) of this subsection; and363
(B) Prohibit their child from accessing one or more social media platforms as provided364
in subparagraph (B) of paragraph (1) of this subsection.365
(c) A local governing body shall take such steps as it deems appropriate to implement and366
enforce its social media policy, which shall include, but shall not be limited to:367
(1) Use of software programs and other technologies reasonably designed and intended368
to block and monitor access to social media platforms; and369
(2) Selection of online servers that block and monitor access to social media platforms.370
(d) Each local school system or public school shall publish on its website a copy of the371
social media policy adopted pursuant to subsection (b) of this Code section and shall372
provide a paper copy of such upon written request of a parent or guardian of an enrolled373
student.374
(e) The Department of Education shall be authorized to consult with and assist any local375
governing body in developing and implementing a social media policy pursuant to this376
Code section.377
(f)(1) No later than April 1, 2026, each local governing body shall submit a copy of the378
social media policy adopted pursuant to subsection (b) of this Code section to the379
Department of Education for compliance review. Such submission shall identify any380
software program or other technology that is being or will be utilized to block access to381
social media platforms in accordance with subsection (c) of this Code section.382
(2) The Department of Education shall review each social media policy and any383
subsequent revisions submitted pursuant to paragraph (3) of this subsection. If the384
Department of Education determines after compliance review that a policy or revision385
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thereof is not reasonably designed to achieve the requirements of this Code section, it386
shall provide written notice of noncompliance to the local governing body as provided387
for in paragraph (4) of this subsection.388
(3) No revision of a social media policy which has been deemed compliant pursuant to389
paragraph (2) of this subsection shall be implemented until such revision is reviewed by390
the Department of Education. If the Department of Education fails to provide a notice391
of noncompliance for the revision within 60 days of its receipt, the local governing body392
may proceed with the implementation of the revision.393
(4)(A) The Department of Education shall be responsible for conducting any necessary394
investigations and making written determinations as to whether a local governing body395
has failed to comply with the requirements of this Code section.396
(B) If the Department of Education determines that a local governing body has failed397
to comply with the requirements of this Code section, it shall provide a written notice398
of noncompliance to such local governing body and the local governing body shall have399
30 days from the receipt of such notice to correct such noncompliance and to develop400
a corrective action plan for preventing future recurrences. The Department of401
Education may extend such 30 day period upon a showing of good cause by the local402
governing body.403
(5)(A) The State Board of Education shall be authorized to take corrective action,404
including, but not limited to, withholding a portion of state funding to a local school405
system or public school, as provided for in Code Section 20-2-243, if such local406
governing body fails to comply with the provisions of this Code section or fails to407
enforce or substantially disregards its social media policy.408
(B) If the State Board of Education notifies the local governing body that it is subject409
to the withholding of state funding pursuant to subparagraph (A) of this paragraph, such410
local governing body may bring an action against the State Board of Education seeking411
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appropriate relief from the superior court of the county where the local governing body412
is headquartered."413
SECTION 2-5.414
Said chapter is further amended in Subpart 2 of Part 2 of Article 16, relating to public school415
disciplinary tribunals for students, by revising Code Section 20-2-751.4, relating to policies416
prohibiting bullying, assignment to alternative school, and notice, as follows:417
"20-2-751.4.418
(a) As used in this Code section, the term:419
(1)(A) Bullying' 'bullying' means an act that is:420
(1)(i) Any willful attempt or threat to inflict injury on another person, when421
accompanied by an apparent present ability to do so;422
(2)(ii) Any intentional display of force such as would give the victim reason to fear423
or expect immediate bodily harm; or424
(3)(iii) Any intentional written, verbal, or physical act which a reasonable person425
would perceive as being intended to threaten, harass, or intimidate, that:426
(A)(I) Causes another person substantial physical harm within the meaning of Code427
Section 16-5-23.1 or visible bodily harm as such term is defined in Code Section428
16-5-23.1;429
(B)(II) Has the effect of substantially interfering with a student's education or430
otherwise substantially infringing upon the rights of a student;431
(C)(III) Is so severe, persistent, or pervasive that it creates an intimidating or432
threatening educational environment; or433
(D)(IV) Has the effect of substantially disrupting the orderly operation of the434
school.435
(B) Except as provided in subparagraph (C) of this paragraph, such The term applies436
to acts which occur on school property, on school vehicles, at designated school bus437
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stops, or at school related functions or activities, including, but not limited to,438
extracurricular activities, or by use of data or software that is accessed through a439
computer, computer system, computer network, or other electronic technology of a440
local school system. The term also applies to441
(C) Such term includes acts of cyberbullying which occur through the use of electronic442
communication, whether or not such electronic act originated that originate on school443
property or involve the use of or with school equipment, including, but not limited to,444
acts that occur within a school sponsored online activity. if the electronic445
communication (1) is directed specifically at students or school personnel, (2) is446
maliciously intended for the purpose of threatening the safety of those specified or447
substantially disrupting the orderly operation of the school, and (3) creates a reasonable448
fear of harm to the students' or school personnel's person or property or has a high449
likelihood of succeeding in that purpose. For purposes of this Code section, electronic450
communication includes but is not limited to any transfer of signs, signals, writings,451
images, sounds, data or intelligence of any nature transmitted in whole or in part by a452
wire, radio, electromagnetic, photo electronic or photo optical system.453
(2) 'Cyberbullying' means bullying that involves the use of electronic communication,454
including, but not limited to, communication devices and services, including, but not455
limited to, cellular telephones, cameras, computers, social media platforms, text456
messages, chat platforms, and internet sites.457
(3) 'Electronic communication' means, but is not limited to, any transfer of signs, signals,458
writings, images, sounds, data, or intelligence of any nature transmitted in whole or in459
part by a wire, radio, electromagnetic, photoelectronic, or photo-optical system. Such460
term shall include photographs and video and audio recordings.461
(4) 'Extracurricular activities' has the same meaning as defined in Code Section462
20-2-319.6.463
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(5) 'Parent' means a person who has legal authority to act on behalf of a minor child as464
a natural or adoptive parent or a legal guardian.465
(6) 'School equipment' means any computer or computer networking equipment,466
technology or technology related device or service, or communication system or service467
that is operated, owned, leased, and made available to students by a local board of468
education, local school system, or public school and that is used for transmitting,469
receiving, accessing, viewing, hearing, downloading, recording, or storing electronic470
communication.471
(7) 'Transmit' means to send or broadcast an electronic communication.472
(b) No later than August 1, 2011 July 1, 2026:473
(1) Each local board of education shall adopt a policy that prohibits bullying, including,474
without limitation, cyberbullying, of a student by another by a student and shall require475
such prohibition to be included in the student code of conduct for schools in that school476
system;477
(2) Each local board policy shall require that, upon a finding by the disciplinary hearing478
officer, panel, or tribunal of school officials provided for in this subpart that a student in479
grades six through 12 has committed the offense of bullying for the third time in a school480
year, such student shall be assigned to an alternative school;481
(3) Each local board of education shall establish and publish in its local board policy a482
method to notify the parent, guardian, or other person who has control or charge of a483
student upon a finding by a school administrator that such student has committed an484
offense of bullying or is a target or suspected victim of bullying. Such notice shall, as485
appropriate under the circumstances, include referrals to resources for counseling and486
other appropriate services for students who have been found to have committed an487
offense of bullying or are targets or suspected victims of bullying; and488
(4) Each local board of education shall ensure that students and parents and guardians489
of students are notified of the prohibition against bullying, and the penalties for violating490
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the prohibition, by posting such information at each school and by including such
491
information in student and parent handbooks; and
492
(5) Each local board of education shall establish a process to regularly evaluate and493
update the use of technology solutions to aid in the prevention of cyberbullying on school494
equipment, including, but not limited to, monitoring software intended to provide495
electronic notification when the occurrence of cyberbullying is detected on such496
equipment.497
(c) No later than January 1, 2011 2026, the Department of Education shall develop a498
model policy regarding bullying, that may be revised from time to time, and shall post such499
policy on its website in order to assist local school systems. Such model policy shall500
include:501
(1) A statement prohibiting bullying;502
(2) A requirement that any teacher or other school employee who has reliable503
information that would lead a reasonable person to suspect that someone is a target of504
bullying shall immediately report it to the school principal;505
(3) A requirement that each school have a procedure for the school administration to506
promptly investigate in a timely manner and determine whether bullying has occurred;507
(4) An age-appropriate range of consequences for bullying which shall include, at508
minimum and without limitation, disciplinary action or counseling as appropriate under509
the circumstances;510
(5) A requirement that each school provide referrals, as appropriate under the511
circumstances, to age-appropriate interventions and services, including, but not limited512
to, counseling services, for students who have been found to have committed an offense513
of bullying or are targets or suspected victims of bullying;514
(6) A procedure for a teacher or other school employee, student, parent, guardian, or515
other person who has control or charge of a student, either anonymously or in such516
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person's name, at such person's option, to report or otherwise provide information on
517
bullying activity;518
(6)
(7) A statement prohibiting retaliation following a report of bullying; and519
(7)(8) Provisions consistent with the requirements of subsection (b) of this Code section.520
(d) No later than January 1, 2026, the The Department of Education shall develop and post521
on its website:522
(1) A a list of entities and their contact information which produce antibullying training523
programs and materials deemed appropriate by the department for use in local school524
systems. Such list shall include at least one entity that provides awareness and training525
programs relating to cyberbullying; and526
(2) A list of online and in-person providers of counseling and other appropriate services527
for students who have been found by school officials to have committed an offense of528
bullying or are targets or suspected victims of bullying. Such list shall include in-person529
providers available to families in areas throughout the state.530
(e) Any person who reports an incident of bullying in good faith shall be immune from531
civil liability for any damages caused by such reporting.532
(f) Nothing in this Code section or in the model policy promulgated by the Department of533
Education shall be construed to require a local board of education to provide transportation534
to a student transferred to another school as a result of a bullying incident.535
(g) Any school system which is not in compliance with the requirements of subsection (b)536
of this Code section shall be ineligible to receive state funding pursuant to Code Sections537
20-2-161 and 20-2-260."538
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PART III
539
SECTION 3-1.540
Title 39 of the Official Code of Georgia Annotated, relating to minors, is amended by adding541
a new chapter to read as follows:542
"CHAPTER 6
543
39-6-1.544
As used in this chapter, the term:545
(1) 'Account holder' means a person who is a resident of this state and has an account or546
profile to use a social media platform, including a minor account holder.547
(2) 'Educational entity' means:548
(A) A public elementary or secondary school, including without exception public549
schools provided for under Articles 31, 31A, and 31C of Chapter 2 of Title 20;550
(B) A private elementary or secondary school;551
(C) A unit of the University System of Georgia;552
(D) A unit of the Technical College System of Georgia;553
(E) An independent or private college or university located in Georgia and eligible to554
be deemed an 'approved school' pursuant to paragraph (2) of Code Section 20-3-411;555
or556
(F) A nonpublic postsecondary educational institution provided for in Part 1A of557
Article 7 of Chapter 3 of Title 20.558
(3) 'Minor' means an individual who resides in this state and is actually known or559
reasonably believed by a social media platform to be under the age of 16 years.560
(4) 'Minor account holder' means an account holder who is a minor.561
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(5) 'Post' means content that an account holder makes available on a social media562
platform for other account holders or users to view or listen to, including text, images,563
audio, and video.564
(6) 'Social media platform' means an online forum that allows an account holder to create565
a profile, upload posts, view and listen to posts, form mutual connections, and interact566
publicly and privately with other account holders and users. Such term shall not include567
an online service, website, or application where the predominant or exclusive function568
is any of the following:569
(A) Email;570
(B) A service that, pursuant to its terms of use, does not permit minors to use the571
platform and utilizes commercially reasonable age assurance mechanisms to deter572
minors from becoming account holders;573
(C) A streaming service that provides only licensed media that is not user generated574
in a continuous flow from the service, website, or application to the end user and does575
not obtain a license to the media from a user or account holder by agreement to its576
terms of service;577
(D) News, sports, entertainment, or other content that is preselected by the provider578
and not user generated, and any chat, comment, or interactive functionality that is579
provided incidental to or directly or indirectly related to such content;580
(E) Online shopping or ecommerce, if the interaction with other users or account581
holders is generally limited to the ability to upload a post and comment on reviews, the582
ability to display lists or collections of goods for sale or wish lists, and other functions583
that are focused on online shopping or ecommerce rather than interaction between users584
or account holders;585
(F) Interactive gaming, virtual gaming, or an online service, website, or application that586
allows the creation and uploading of content for the purpose of interactive gaming,587
S. B. 351
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educational entertainment, or associated entertainment, and communications related to588
that content;589
(G) Photograph editing that has an associated photograph hosting service if the590
interaction with other users or account holders is generally limited to liking or591
commenting;592
(H) Single-purpose community groups for public safety if the interaction with other593
users or account holders is limited to that single purpose and the community group has594
guidelines or policies against illegal content;595
(I) Business-to-business software;596
(J) Teleconferencing or videoconferencing services that allow reception and597
transmission of audio and video signals for real-time communication;598
(K) Cloud storage;599
(L) Shared document collaboration;600
(M) Cloud computing services, which may include cloud storage and shared document601
collaboration;602
(N) Providing access to or interacting with data visualization platforms, libraries, or603
hubs;604
(O) Permitting comments on a digital news website if the news content is posted only605
by the provider of the digital news website;606
(P) Providing or obtaining technical support for a platform, product, or service;607
(Q) Academic, scholarly, or genealogical research where the majority of the content608
is created or posted by the provider of the online service, website, or application and609
the ability to chat, comment, or interact with other users is directly related to the610
provider's content;611
(R) Internet access and broadband service;612
(S) A classified advertising service in which the provider of the online service, website,613
or application is limited to all of the following:614
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(i) Permitting only the sale of goods;615
(ii) Prohibiting the solicitation of personal services;616
(iii) Posting or creating a substantial amount of the content; and617
(iv) Providing the ability to chat, comment, or interact with other users only if it is618
directly related to the provider's content;619
(T) An online service, website, or application that is used by or under the direction of620
an educational entity, including a learning management system, student engagement621
program, or subject- or skill-specific program, where the majority of the content is622
created or posted by the provider of the online service, website, or application and the623
ability to chat, comment, or interact with other users is directly related to the provider's624
content;625
(U) Peer-to-peer payments, provided that interactions among users or account holders626
are generally limited to the ability to send, receive, or request funds; like or comment627
on such transactions; or other functions related to sending, receiving, requesting, or628
settling payments among users or account holders; or629
(V) Career development opportunities, including professional networking, job skills,630
learning certifications, and job posting and application services.631
(7) 'User' means a person who has access to view all or some of the posts on a social632
media platform, but who is not an account holder.633
39-6-2.634
(a) The provider of a social media platform shall make commercially reasonable efforts635
to verify the age of account holders with a level of certainty appropriate to the risks that636
arise from the social media platform's information management practices or shall apply the637
special conditions applied to minors under this chapter to all account holders.638
(b) The provider of a social media platform shall treat as a minor any individual such639
provider verifies to be under the age of 16 years.640
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(c) No provider of a social media platform shall permit a minor to be an account holder641
unless such provider obtains the express consent of such minor's parent or guardian.642
Acceptable methods of obtaining express consent from a parent or guardian include:643
(1) Providing a form for the minor's parent or guardian to sign and return to the social644
media platform by common carrier, facsimile, email, or scanning;645
(2) Providing a toll-free telephone number for the minor's parent or guardian to call to646
consent;647
(3) Coordinating a call with the minor's parent or guardian using videoconferencing648
technology;649
(4) Collecting information related to the minor's parent's or guardian's government issued650
identification or financial or payment card information and deleting such information651
after confirming the identity of the parent or guardian;652
(5) Allowing the minor's parent or guardian to provide consent by responding to an email653
and taking additional steps to verify the parent's or guardian's identity; and654
(6) Any other commercially reasonable method of obtaining consent using available655
technology.656
(d) Notwithstanding any other provision of this chapter, no provider of a social media657
platform shall permit a minor to hold or open an account on the social media platform if658
the minor is ineligible to hold or open an account under any other provision of state or659
federal law.660
(e) The provider of a social media platform shall make available, upon the request of a661
parent or guardian of a minor, a list and description of the features offered by the social662
media platform related to censoring or moderating content available on the social media663
platform, including any features that can be disabled or modified by an account holder.664
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39-6-3.665
For a minor account holder, the provider of a social media platform shall prohibit all of the666
following:667
(1) The display of any advertising in the minor account holder's account based on such668
minor account holder's personal information, except age and location; and669
(2) The collection or use of personal information from the posts, content, messages, text,670
or usage activities of the minor account holder's account other than what is adequate,671
relevant, and reasonably necessary for the purposes for which such information is672
collected, as disclosed to the minor.673
39-6-4.674
(a) The Attorney General shall have exclusive authority to enforce the provisions of this675
chapter and the authority to take action pursuant to Part 2 of Article 15 of Chapter 1 of676
Title 10, the 'Fair Business Practices Act of 1975.'677
(b) Nothing in this chapter shall be interpreted to serve as the basis for a private right of678
action under this chapter or any other law.679
(c) Subject to the ability to cure an alleged violation under subsection (d) of this Code680
section, the Attorney General may initiate an action and seek damages for up to $2,500.00681
for each violation under this chapter.682
(d) At least 90 days before the day on which the Attorney General initiates an enforcement683
action against a person or entity that is subject to the requirements of this chapter, the684
Attorney General shall provide the person or entity with a written notice that identifies each685
alleged violation and an explanation of the basis for each allegation. The Attorney General686
shall not initiate an action if the person or entity cures the noticed violation within 90 days687
of receiving notice from the Attorney General and provides the Attorney General with a688
written statement indicating that the alleged violation is cured.689
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39-6-5.690
No provision in a contract, statement of terms or conditions, or any other purported691
agreement, including, but not limited to, a choice of law provision, a waiver or limitation,692
or a purported waiver or limitation, may be utilized to prevent the application of this693
chapter or prevent, limit, or otherwise interfere with any person's or entity's right to694
cooperate with the Attorney General or to file a complaint with the Attorney General. Any695
such provision shall be null and void and unenforceable as contrary to public policy, and696
a court or arbitrator shall not enforce or give effect to any such provision."697
SECTION 3-2.698
Said title is further amended in Chapter 5, relating to online internet safety, by adding a new699
Code section to read as follows:700
"39-5-5.701
(a) As used in this Code section, the term:702
(1) 'Commercial entity' means a corporation, limited liability company, partnership,703
limited partnership, sole proprietorship, or other legally recognized entity.704
(2) 'Digitized identification card' means a data file available on a mobile device with705
connectivity to the internet that contains all of the data elements visible on the face and706
back of a driver's license or identification card and displays the current status of the707
driver's license or identification card as being valid, expired, cancelled, suspended,708
revoked, active, or inactive.709
(3) 'Distribute' means to issue, sell, give, provide, deliver, transfer, transmute, circulate,710
or disseminate by any means.711
(4) 'Material harmful to minors' means:712
(A) Any material that the average person, applying contemporary community713
standards, would find, taking the material as a whole and with respect to minors, is714
designed to appeal to, or is designed to pander to, prurient interest;715
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(B) Any of the following materials that exploit, are devoted to, or principally consist716
of descriptions of actual, simulated, or animated displays or depictions of any of the717
following, in a manner patently offensive with respect to minors:718
(i) Nipple of the female breast, pubic hair, anus, vulva, or genitals;719
(ii) Touching, caressing, or fondling of nipples, breasts, buttocks, the anus, or720
genitals; or721
(iii) Any sexual act, including, but not limited to, sexual intercourse, masturbation,722
sodomy, bestiality, oral copulation, flagellation, excretory functions, and exhibitions723
of sexual acts; or724
(C) The material taken as a whole lacks serious literary, artistic, political, or scientific725
value for minors.726
(5) 'Minor' means any individual under the age of 18 years.727
(6) 'News-gathering organization' means:728
(A) An employee of a newspaper, news publication, or news source, printed or729
published on an online or mobile platform, while operating as an employee of a730
news-gathering organization who can provide documentation of employment with the731
newspaper, news publication, or news source; or732
(B) An employee of a radio broadcast station, television broadcast station, cable733
television operator, or wire service while operating as an employee of a news-gathering734
organization who can provide documentation of employment.735
(7) 'Publish' means to communicate or make information available to another person or736
entity on a public website.737
(8) 'Reasonable age verification' means to confirm that a person seeking to access738
published material that may have a substantial portion of material that is harmful to739
minors is at least 18 years of age.740
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(9) 'Substantial portion' means more than 33.33 percent of total material on a public741
website which meets the definition of material that is harmful to minors as defined in this742
Code section.743
(b) Before allowing access to a public website that contains a substantial portion of744
material that is harmful to minors, a commercial entity shall use a reasonable age745
verification method, which may include, but not be limited to:746
(1) The submission of a digitized identification card, including a digital copy of a driver's747
license;748
(2) The submission of government-issued identification; or749
(3) Any commercially reasonable age verification method that meets or exceeds an750
Identity Assurance Level 2 standard, as defined by the National Institute of Standards and751
Technology.752
(c)(1) A commercial entity that knowingly and intentionally publishes or distributes753
material that is harmful to minors on a public website which contains a substantial portion754
of material that is harmful to minors is liable if the commercial entity fails to perform755
reasonable age verification of the individual attempting to access the material.756
(2) A commercial entity that violates this Code section is liable to an individual for757
damages resulting from a minor accessing material harmful to minors, including court758
costs and reasonable attorneys' fees as ordered by the court.759
(3) A commercial entity that violates this Code section shall be subject to a fine of up to760
$10,000.00 for each violation, the amount of which shall be determined by the superior761
court in the county in which any affected minor resides. The Attorney General or762
solicitor general or district attorney having jurisdiction shall institute proceedings to763
impose such fine within one year of the violation. The issuance of a fine under this764
paragraph shall not preclude any right of action.765
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(d)(1) When a commercial entity or third party performs a reasonable age verification,766
the commercial entity shall not retain any identifying information after access to the767
material has been granted.768
(2) A commercial entity that is found to have knowingly retained identifying information769
of an individual after access to the material has been granted is liable to such individual770
for damages resulting from retaining the identifying information, including court costs771
and reasonable attorney's fees as ordered by the court.772
(e) This Code section shall not:773
(1) Apply to a news or public interest broadcast, public website video, report, or event;774
(2) Affect the rights of a news-gathering organization; or775
(3) Apply to cloud service providers.776
(f) An internet service provider and any affiliate, subsidiary, or search engine shall not be777
considered to have violated this Code section solely by providing access or connection to778
or from a public website or to other information or content on the internet or on a facility,779
system, or network that is not under that internet service provider's control, to the extent780
the internet service provider is not responsible for the creation of the content or the781
communication that constitutes material that is harmful to minors."782
PART IV783
SECTION 4-1.784
This Act shall become effective on July 1, 2025.785
SECTION 4-2.786
All laws and parts of laws in conflict with this Act are repealed.787
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