GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
H D
HOUSE BILL DRH10106-LR-25A
Short Title: Social Media Protections for Minors Under 16. (Public)
Sponsors: Representative Zenger.
Referred to:
*DRH10106 -LR-25A*
A BILL TO BE ENTITLED 1
AN ACT TO PROTECT MINORS UNDER SIXTEEN YEARS OF AGE FROM HARMFUL 2
ONLINE SOCIAL MEDIA. 3
The General Assembly of North Carolina enacts: 4
SECTION 1. Effective March 1, 2025, the General Statutes are amended by adding 5
a new Chapter to read: 6
"Chapter 114B. 7
"Social Media Protections for Minors. 8
"§ 114B-1. Title; definitions. 9
(a) Title. – This Chapter shall be known and may be cited as the "Social Media Protection 10
for Minors Act." 11
(b) Definitions. – The following definitions apply in this Chapter: 12
(1) Account holder. – A resident who opens an account or creates a profile or is 13
identified by the social media platform by a unique identifier while using or 14
accessing a social media platform when the social media platform knows or 15
has reason to believe the resident is located in this State. 16
(2) Daily active users. – The number of unique users in the United States who 17
used the online forum, website, or application at least eighty percent (80%) of 18
the days during the previous 12 months or, if the online forum, website, or 19
application did not exist during the previous 12 months, the number of unique 20
users in the United States who used the online forum, website, or application 21
at least eighty percent (80%) of the days during the previous month. 22
(3) Department. – The North Carolina Department of Justice. 23
(4) Minor. – A person who is under 16 years of age. 24
(5) Resident. – A person who lives in this State for more than six months of the 25
year. 26
(6) Social media platform or platform. – An online forum, website, or application 27
that satisfies each of the following criteria: 28
a. Allows users to upload content or view the content or activity of other 29
users; 30
b. Ten percent (10%) or more of the daily active users who are younger 31
than 16 years of age spend on average two hours per day or longer on 32
the online forum, website, or application on the days when using the 33
online forum, website, or application during the previous 12 months 34
or, if the online forum, website, or application did not exist during the 35
previous 12 months, during the previous month; 36
H.B. 301
Mar 5, 2025
HOUSE PRINCIPAL CLERK General Assembly Of North Carolina Session 2025
Page 2 DRH10106-LR-25A
c. Employs algorithms that analyze user data or information on users to 1
select content for users; and 2
d. Has any of the following addictive features: 3
1. Infinite scrolling, which means either (i) continuously loading 4
content or content that loads as the user scrolls down the page 5
without the need to open a separate page or (ii) seamless 6
content or the use of pages with no visible or apparent end or 7
page breaks. 8
2. Push notifications or alerts sent by the online forum, website, 9
or application to inform a user about specific activities or 10
events related to the user's account. 11
3. Displays personal interactive metrics that indicate the number 12
of times other users have clicked a button to indicate their 13
reaction to content or have shared or reposted the content. 14
4. Auto-play video or video that begins to play without the user 15
first clicking on the video or on a play button for that video. 16
Live-streaming or a function that allows a user or advertiser to 17
broadcast live video content in real time. 18
The term does not include an online service, website, or application where the 19
exclusive function is email or direct messaging consisting of text, 20
photographs, pictures, images, or videos shared only between the sender and 21
the recipients, without displaying or posting publicly or to other users not 22
specifically identified as the recipients by the sender. 23
"§ 114B-2. Social media protections for minors. 24
(a) Minors Under 14 Years of Age. – A social media platform shall prohibit a minor who 25
is younger than 14 years of age from entering into a contract with the platform to become an 26
account holder and shall do all of the following: 27
(1) Terminate any account held by a minor under 14 years of age upon 30 days' 28
notice to the account holder. Termination must be effective upon the 29
expiration of the 30 days if the account holder fails to effectively dispute the 30
termination. 31
(2) Permanently delete all personal information held by the social media platform 32
relating to the terminated account, unless there are legal requirements to 33
maintain the information. 34
(b) Minors 14 or 15 Years of Age. – A social media platform shall prohibit a minor who 35
is 14 or 15 years of age from entering into a contract with the platform to become an account 36
holder unless the minor's parent or guardian provides consent for the minor to become an account 37
holder and shall do all of the following: 38
(1) Terminate any account held by an account holder who is 14 or 15 years of age 39
if the account holder's parent or guardian has not provided consent for the 40
minor to create or maintain the account. The social media platform shall 41
provide 30 days for an account holder to dispute the termination. 42
(2) Allow the parent or guardian of an account holder who is 14 or 15 years of 43
age to request that the minor's account be terminated. Termination must be 44
effective within 10 business days after the request. 45
(3) Permanently delete all personal information held by the social media platform 46
relating to the terminated account unless there are legal requirements to 47
maintain the information. 48
(c) Violations. – If the Department has reason to believe that a social media platform is 49
in violation of subsection (a) of this section, the Department, as the enforcing entity, may bring 50
an action against the platform for an unfair or deceptive act or practice. 51 General Assembly Of North Carolina Session 2025
DRH10106-LR-25A Page 3
Any knowing or reckless violation of subsection (a) of this section is deemed an unfair and 1
deceptive trade practice actionable under Chapter 75 of the General Statutes actionable solely by 2
the Department against a social media platform. 3
In addition to other remedies allowed by law, the Department may collect a civil penalty of 4
up to fifty thousand dollars ($50,000) per violation and reasonable attorneys' fees and court costs. 5
When the social media platform's failure to comply with subsection (a) of this section is a 6
consistent pattern of knowing or reckless conduct, punitive damages may be assessed against the 7
platform. 8
A social media platform that knowingly or recklessly violates subsection (a) of this section 9
is liable to the minor account holder, including court costs and reasonable attorneys' fees. 10
Claimants may be awarded up to ten thousand dollars ($10,000) in damages. Any action brought 11
under this paragraph may only be brought on behalf of a minor account holder. A civil action for 12
a claim under this paragraph must be brought within one year from the date the complainant 13
knew, or reasonably should have known, of the alleged violation. 14
If a social media platform allows an account holder to use the social media platform, the 15
parties have entered into a contract. 16
This section does not preclude any other available remedy at law or in equity. 17
For purposes of bringing an action under this section, a social media platform that allows a 18
minor to create an account on the platform is considered to be both engaged in substantial and 19
not isolated activities within this State and operating, conducting, engaging in, or carrying on a 20
business and doing business in this State, and is therefore subject to the jurisdiction of the courts 21
of this State. 22
(d) Enforcement. – If, by its own inquiry or as a result of complaints, the Department has 23
reason to believe that an entity or person has engaged in, or is engaging in, an act or practice that 24
violates this section, the Department may administer oaths and affirmations, subpoena witnesses 25
or matter, and collect evidence. Within five days, excluding weekends and legal holidays, after 26
the service of a subpoena or at any time before the return date specified therein, whichever is 27
longer, the party served may file in the superior court in the county in which it resides or in which 28
it transacts business and serve upon the enforcing authority a petition for an order modifying or 29
setting aside the subpoena. The petitioner may raise any objection or privilege which would be 30
available upon service of such subpoena in a civil action. The subpoena shall inform the party 31
served of its rights under this subsection. 32
If the matter that the Department seeks to obtain by subpoena is located outside the State, the 33
entity or person subpoenaed may make it available to the Department or its representative to 34
examine the matter at the place where it is located. The Department may designate 35
representatives, including officials of the state in which the matter is located, to inspect the matter 36
on its behalf, and may respond to similar requests from officials of other states. 37
Upon failure of an entity or person without lawful excuse to obey a subpoena and upon 38
reasonable notice to all persons affected, the Department may apply to the superior court for an 39
order compelling compliance. 40
The Department may request that an entity or person that refuses to comply with a subpoena 41
on the ground that testimony or matter may incriminate the entity or person be ordered by the 42
court to provide the testimony or matter. Except in a prosecution for perjury, an entity or 43
individual that complies with a court order to provide testimony or matter after asserting a valid 44
privilege against self-incrimination shall not have the testimony or matter so provided, or 45
evidence derived therefrom, received against the entity or person in any criminal investigation or 46
proceeding. 47
Any entity or person upon whom a subpoena is served pursuant to this subsection shall 48
comply with the terms thereof unless otherwise provided by order of the court. 49
Any entity or person that fails to appear with the intent to avoid, evade, or prevent compliance 50
in whole or in part with any investigation under this Chapter or who removes from any place, 51 General Assembly Of North Carolina Session 2025
Page 4 DRH10106-LR-25A
conceals, withholds, mutilates, alters, or destroys, or by any other means falsifies any 1
documentary material in the possession, custody, or control of any entity or person subject to any 2
such subpoena, or knowingly conceals any relevant information with the intent to avoid, evade, 3
or prevent compliance shall be liable for a civil penalty of not more than five thousand dollars 4
($5,000) per week in violation, reasonable attorneys' fees, and costs. 5
(e) Rules. – The Department may adopt rules to implement this Chapter. 6
(f) Civil Penalties. – The clear proceeds of civil penalties provided for in this section 7
shall be remitted to the Civil Penalty and Forfeiture Fund in accordance with G.S. 115C-457.2. 8
"§ 114B-3. Age verification for online access to materials harmful to minors. 9
(a) The following definitions apply in this section: 10
(1) Anonymous age verification. – A commercially reasonable method used by a 11
government agency or a business for the purpose of age verification which is 12
conducted by a nongovernmental, independent third party organized under the 13
laws of a state of the United States which: 14
a. Has its principal place of business in a state of the United States; and 15
b. Is not owned or controlled by a company formed in a foreign country, 16
a government of a foreign country, or any other entity formed in a 17
foreign country. 18
(2) Commercial entity. – A corporation, limited liability company, partnership, 19
limited partnership, sole proprietorship, and any other legally recognized 20
entity. 21
(3) Distribute. – To issue, sell, give, provide, deliver, transfer, transmit, circulate, 22
or disseminate by any means. 23
(4) Harmful to minors. – As defined by G.S. 14-190.13. The term also includes 24
any material that the average person applying contemporary community 25
standards would find, taken as a whole, appeals to the prurient interest or 26
depicts or describes, in a patently offensive way, sexual conduct and when 27
taken as a whole, lacks serious literary, artistic, political, or scientific value 28
for minors. 29
(5) News-gathering organization. – Any of the following: (i) a newspaper, news 30
publication, or news source, printed or published online or on a mobile 31
platform, engaged in reporting current news and matters of public interest, and 32
an employee thereof who can provide documentation of such employment or 33
(ii) a radio broadcast station, television broadcast station, cable television 34
operator, or wire service, and an employee thereof who can provide 35
documentation of such employment. 36
(6) Publish. – To communicate or make information available to another person 37
or entity on a publicly available website or application. 38
(7) Standard age verification. – Any commercially reasonable method of age 39
verification approved by the commercial entity. 40
(8) Substantial portion. – More than thirty-three and three-tenths percent (33.3%) 41
of total material on a website or application. 42
(b) A commercial entity that knowingly and intentionally publishes or distributes 43
material harmful to minors on a website or application, if the website or application contains a 44
substantial portion of material harmful to minors, must use either anonymous age verification or 45
standard age verification to verify that the age of a person attempting to access the material is 16 46
years of age or older and prevent access to the material by a person younger than 16 years of age. 47
The commercial entity must offer anonymous age verification and standard age verification, and 48
a person attempting to access the material may select which method will be used to verify the 49
person's age. 50 General Assembly Of North Carolina Session 2025
DRH10106-LR-25A Page 5
(c) A commercial entity must ensure that the requirements of subsection (d) of this 1
section are met. 2
(d) A third party conducting anonymous age verification pursuant to this section must 3
comply with all of the following: 4
(1) Shall not retain personal identifying information used to verify age once the 5
age of an account holder or a person seeking an account has been verified. 6
(2) Shall not use personal identifying information used to verify age for any other 7
purpose. 8
(3) Must keep anonymous any personal identifying information used to verify 9
age. The information may not be shared or otherwise communicated to any 10
person. 11
(4) Must protect personal identifying information used to verify age from 12
unauthorized or illegal access, destruction, use, modification, or disclosure 13
through reasonable security procedures and practices appropriate to the nature 14
of the personal information. 15
(e) Any violation of subsection (b) or subsection (c) of this section is deemed an unfair 16
and deceptive trade practice actionable under Chapter 75 of the General Statutes solely by the 17
Department on behalf of a resident minor against a commercial entity. 18
If the Department has reason to believe that a commercial entity is in violation, the 19
Department may bring an action against the commercial entity for an unfair or deceptive act or 20
practice under Chapter 75 of the General Statutes. In addition to other remedies allowed by law, 21
the Department may collect a civil penalty of up to fifty thousand dollars ($50,000) per violation 22
and reasonable attorneys' fees and court costs. 23
When the commercial entity's failure to comply with subsection (b) or subsection (c) of this 24
section is a consistent pattern of knowing or reckless conduct, punitive damages may be assessed 25
against the commercial entity. 26
(f) An internet service provider or its affiliates or subsidiaries, a search engine, or a cloud 27
service provider does not violate this section solely for providing access or connection to or from 28
a website or other information or content on the internet or a facility, system, or network not 29
under the provider's control, including transmission, downloading, intermediate storage, or 30
access software, to the extent the provider is not responsible for the creation of the content of the 31
communication which constitutes material harmful to minors. 32
(g) This section does not apply to any bona fide news or public interest broadcast, website 33
video, report, or event and does not affect the rights of a news-gathering organization. 34
"§ 114B-4. Miscellaneous provisions. 35
(a) It is the intent of the General Assembly that this Chapter be liberally construed for the 36
protection of minors. 37
(b) If any provision of this Chapter or its application to any person or circumstances is 38
held invalid, the invalidity does not affect other provisions or applications of this Chapter which 39
can be given effect without the invalid provision or application and, to this end, the provisions of 40
this Chapter are severable." 41
SECTION 2. Except as otherwise provided, this act is effective when it becomes 42
law. 43