The original instrument was prepared by Xavier Alexander. The following digest,
which does not constitute a part of the legislative instrument, was prepared by Tracy
Sabina Sudduth.
DIGEST
SB 162 Reengrossed 2023 Regular Session McMath
Proposed law creates the Secure Online Child Interaction and Age Limitation Act.
Proposed law defines certain terms including, "social media company", "social media platform",
"Louisiana account holder", and "Louisiana minor account holder".
Proposed law provides that beginning March 1, 2024, a social media company shall not allow a
minor in this state to hold a social media account unless the minor has consent from a parent or
guardian.
Proposed law provides that the social media company shall verify the age of any existing or new
account holder on its social media platform and further provides that any account holder who has
not verified their age within 14 days of an attempt to access the account shall result in the denial of
access to the account until all verification requirements are met.
Proposed law requires the division of public protection within the Dept. of Justice to adopt rules to
implement the provisions of proposed law, which shall include rules to establish a process to verify
age and confirm parental consent, to provide for the protection of age verification information, and
to provide that the social media company have a principal place of business in the United States in
order to process age verification.
Proposed law provides if the account holder is a minor, the social media company shall restrict
access to certain features, including but not limited to direct messaging with certain users, the display
of advertisements, and the use of targeted or suggested groups, services, or users.
Proposed law provides that a minor shall not access the account between 10:30 p.m. and 6:30 a.m.,
based on the internet protocol address being used by the minor account holder at the time of
attempting access, without the ability to bypass this restriction.
Proposed law provides that a parent or guardian shall have access to the minor's account, and provide
that at any time a parent or guardian can change or eliminate the time and day restrictions set by
proposed law and set a limit on the number of hours social media is used per day by the minors.
Proposed law provides that the division shall have the authority to receive and investigate consumer
complaints that allege violations of proposed law.
Proposed law provides that the division shall have exclusive authority to administer and enforce the
requirements of proposed law. Provides that the division may impose an administrative fine of up to $2,500 for each violation of proposed law.
Proposed law provides that in a court action by the division to enforce proposed law, the court may
do any of the following:
(1)Declare that the act or practice violates a provision of proposed law.
(2)Issue an injunction for a violation of proposed law.
(3)Order any profits, gains, gross receipts or benefit from a violation of proposed law to be
forfeited and paid to the aggrieved person.
(4)Impose a civil penalty of up to $2,500 for each violation of proposed law.
(5)Award damages to the aggrieved person or other relief considered reasonable and necessary
by the court.
Proposed law provides that if a court grants a judgment or injunctive relief in favor of the division,
the court shall award the division reasonable attorney fees, court costs, and investigative costs.
Proposed law provides that the division shall provide a person with an alleged violation of proposed
law with a written explanation of the basis of the allegations 30 days prior to the division initiating
an action against a person. Provides that the division shall not initiate an action if the person cures
the alleged violation within 30 days of receiving notice from the division in accordance with
proposed law.
Proposed law provides that the division may initiate a civil action against a person that does either
of the following:
(1)Fails to cure a violation after receiving the written notice of an alleged violation.
(2)Commits another violation of the same provision after curing a violation.
Proposed law provides that a person who violates an administrative or court order issued for a
violation of proposed law is subject to a civil penalty of not more than $5,000 for each violation.
Provides that all civil penalties received shall be used by the division to promote consumer
protection and education.
Proposed law requires the division to compile an annual report that evaluates the liability and
enforcement of proposed law, summarizes the consumer interactions that are protected and not
protected by proposed law, and maintains an account of all fines and civil penalties collected during
the year.
Proposed law prohibits waiver of certain protections, requirements, and private rights. Proposed law provides that the implementation of this Act shall be subject to the appropriation of
funds by the legislature.
Effective August 1, 2023.
(Adds R.S. 51:1751-1760) Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Commerce, Consumer
Protection, and International Affairs to the original bill
1. Make technical changes.
Committee Amendments Proposed by Senate Committee on Finance to the engrossed bill
1. Deletes the provision that a person may bring a direct action against another person
that does not comply with proposed law.
2. Requires that this Act be subject to the appropriation of funds by the legislature.