FIRST REGULAR SESSION
SENATE BILL NO. 756
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR COLEMAN.
2929S.01I KRISTINA MARTIN, Secretary
AN ACT
To amend chapter 407, RSMo, by adding thereto one new section relating to regulation of online
content involving minors.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Chapter 407, RSMo, is amended by adding thereto 1
one new section, to be known as section 407.2100, to read as 2
follows:3
407.2100. 1. As used in this section, the following 1
terms shall mean: 2
(1) "Account holder", an individual who has opened an 3
account on a social media p latform; 4
(2) "Content creator", any individual residing in the 5
state who creates an image or video content in the state in 6
exchange for compensation. A content creator includes, but 7
is not limited to: vloggers, podcasters, social media 8
influencers, or streamers; 9
(3) "Minor", any person less than eighteen years of 10
age; 11
(4) "Restricted material", any material that is 12
obscene, as defined in section 573.010, or depicts: 13
(a) Explicit sexual material, as defined in section 14
573.010; 15
(b) Nudity, as defined in section 573.010; or 16
(c) Sexually explicit conduct, as defined in section 17
573.010; 18 SB 756 2
(5) "Social graph", a list of people that an account 19
holder is connected to using a friending function, or a 20
similar function, on a social media platform. Subscribing 21
to content from another account holder does not constitute a 22
friending function; 23
(6) "Social media platform", an internet -based service 24
or application that has account holders in the state and 25
that meets all of the following criteria with respect to 26
account holders: 27
(a) The service or application connects account 28
holders to allow them to interact socially with each other 29
within the service or application; 30
(b) The service or application permi ts public posting 31
of content generated by account holders without visibility 32
being limited to a particular social graph; and 33
(c) The service or application permits interaction 34
with other account holders' content outside a limited social 35
graph, including content recommended from any person an 36
account holder does not follow; 37
(7) "Uniquely identifiable", any information, 38
including, but not limited to, an image, voice recording, 39
video recording, or a photograph that can be used to 40
distinguish or trace an individual's identity. 41
2. A minor shall be considered engaged in the work of 42
content creation when the following criteria have been met 43
at any time during the previous twelve -month period: 44
(1) At least thirty percent of the cont ent creator's 45
compensated video content produced within a thirty -day 46
period includes the likeness, name, or a photograph of a 47
minor. Content percentage shall be measured by the 48
percentage of time the likeness, name, or photograph of the 49
minor visually appears or is the subject of an oral 50 SB 756 3
narrative or a video segment as compared to the total length 51
of the segment; 52
(2) The number of views received per video segment on 53
any social media platform met the social media platform's 54
threshold for the generation of compensation or the content 55
creator received actual compensation for video content equal 56
to or greater than ten cents per view; and 57
(3) The content creator received actual compensation 58
for video content of at least fifteen thousand d ollars per 59
the prior twelve-month period. 60
3. A minor who is over the age of thirteen may 61
produce, create, and publish his or her own content and 62
shall be entitled to all compensation for his or her content 63
creation. 64
4. (1) Any content creator whose content features a 65
minor engaged in the work of content creation, as described 66
in subsection 2 of this section, shall maintain the 67
following records and shall retain such records until the 68
minor reaches the age of twenty -one: 69
(a) The name and documentary proof of age of the minor 70
engaged in the work of content creation at the time the 71
content was created; 72
(b) The number of posts that generated compensation 73
during the reporting period; 74
(c) The total number of minutes of the posts that the 75
content creator received compensation for during the 76
reporting period; 77
(d) The total number of minutes each minor was 78
featured in posts during the reporting period; 79
(e) The total compensation generated from posts 80
featuring the minor during the reporting period; and 81 SB 756 4
(f) The amount deposited in the trust account for the 82
benefit of the minor engaged in content creation pursuant to 83
the provisions of subsection 5 of this section. 84
(2) The records required under subdiv ision (1) of this 85
subsection shall be readily available to the minor. The 86
content creator shall provide notice to the minor of the 87
existence of such records. 88
5. (1) A minor who is engaged in the work of content 89
creation under this section shall be compensated by the 90
content creator. The content creator shall set aside gross 91
earnings on any content including, but not limited to, the 92
likeness or name of the minor in a trust account to be 93
preserved for the benefit of the minor upon the minor 94
reaching eighteen years of age, as follows: 95
(a) Where only one minor meets the content threshold 96
pursuant to subsection 2 of this section, the percentage of 97
the total gross earnings on any content including, but not 98
limited to, the likeness or nam e of the minor that is equal 99
to or greater than half of the content percentage that 100
includes the minor, shall be paid into the minor's trust 101
account; or 102
(b) Where more than one minor meets the content 103
threshold pursuant to subsection 2 of this se ction and the 104
content includes more than one of such minors, the 105
percentage described in subdivision (1) of this subsection 106
for all minors shall be equally divided between the minors 107
paid into a separate trust account for each minor. 108
(2) The trust account under this subsection shall be 109
structured, at a minimum, as follows: 110
(a) The funds in the account shall be available only 111
to the minor engaged in the work of content creation; 112 SB 756 5
(b) The account shall be held by a bank, financial 113
institution, corporate fiduciary, or trust company 114
authorized to do business in the state; 115
(c) The funds in the account shall become available to 116
the minor engaged in the work of content creation upon the 117
minor reaching eighteen years of age or upon a declaration 118
that the minor is emancipated; and 119
(d) The account shall meet the requirements of 120
sections 404.005 to 404.094, the Missouri transfers to 121
minors law. 122
6. (1) After August 28, 2025, any individual who was 123
featured in a content cr eator's post as a minor may request 124
that the content creator delete the post from the social 125
media platform or edit the post to remove any content 126
involving the minor. The content creator shall delete or 127
edit the post if the information provided by th e individual 128
is uniquely identifiable. 129
(2) Social media platforms shall provide an easily 130
accessible mechanism through which an individual under 131
subdivision (1) of this subsection can submit a request to 132
the social media platform for the content creator to delete 133
or edit the post under subdivision (1) of this subsection. 134
(3) Social media platforms shall notify the content 135
creator within a reasonable time period, but no longer than 136
thirty days, after receiving a removal request under this 137
subsection. 138
(4) The content creator shall delete or edit the post 139
from the social media platform involving the minor within 140
seventy-two hours after receiving notice from the social 141
media platform under this subsection. 142
(5) If the content creator fails to delete or edit the 143
post under this subsection within thirty days after 144 SB 756 6
receiving notice from the social media platform, the social 145
media platform shall take all reasonable steps to remove or 146
edit the content involving the minor, unless: 147
(a) The individual who was featured in the content 148
creator's post as a minor does not submit sufficient 149
uniquely identifiable information; or 150
(b) The social media platform finds that the post is 151
sufficiently newsworthy or of other public int erest to 152
outweigh the privacy interests of the minor. 153
7. It shall be unlawful to financially benefit from 154
intentionally or knowingly producing or distributing on 155
social media any restricted material involving a minor, 156
except: 157
(1) In the case of an individual acting in good faith 158
to report unlawful activity or in pursuance of a legal or 159
professional or other lawful obligation; or 160
(2) In the case of a document production or filing in 161
connection with a legal proceeding; or 162
(3) In the case of any lawfully authorized 163
investigative, protective, or intelligence activity of a law 164
enforcement agency of the United States, the state, or a 165
political subdivision of the state, or of an intelligence 166
agency of the United States. 167
8. A social media platform shall develop and implement 168
a strategy to help mitigate risks related to monetization of 169
restricted material involving minors. Such strategy shall 170
be documented and reassessed annually and may include: 171
(1) Policies that govern content and related 172
monetization; 173
(2) Restrictions on content featuring minors; 174 SB 756 7
(3) Use of any commercially reasonable system to 175
identify and implement restrictions on any restricted 176
material involving minors; and 177
(4) Any information informing content creators of 178
their legal obligations under this section and any 179
information explaining the steps to protect minors from 180
appearing on restricted material under this section. 181
9. Any individual may report violations of this 182
section to the attorney general. If the attorney general 183
finds that provisions of this section have been violated, 184
the attorney general shall bring a civil action in a court 185
of competent jurisdiction. If the court finds that 186
provisions of this section hav e been violated, the court may 187
award damages, injunctive relief, attorney fees, and any 188
such other relief the court finds appropriate. Nothing in 189
this section shall preclude an individual from bringing a 190
private civil action in a court of competent ju risdiction 191
for any violations of this section. 192