North Carolina 2025-2026 Regular Session

North Carolina House Bill H301 Compare Versions

OldNewDifferences
11 GENERAL ASSEMBLY OF NORTH CAROLINA
22 SESSION 2025
3-H 3
3+H 2
44 HOUSE BILL 301
55 Committee Substitute Favorable 4/1/25
6-Committee Substitute #2 Favorable 4/15/25
76
87 Short Title: Social Media Protections for Minors Under 16. (Public)
98 Sponsors:
109 Referred to:
1110 March 6, 2025
12-*H301 -v-3*
11+*H301 -v-2*
1312 A BILL TO BE ENTITLED 1
1413 AN ACT TO PROVIDE SOCIAL MEDIA PROTECTIONS FOR MINORS UNDER SIXTEEN 2
1514 YEARS OF AGE. 3
1615 The General Assembly of North Carolina enacts: 4
1716 SECTION 1. The General Statutes are amended by adding a new Chapter to read: 5
1817 "Chapter 114B. 6
1918 "Social Media Protections for Minors. 7
2019 "§ 114B-1. Title; definitions. 8
2120 (a) Title. – This Chapter shall be known and may be cited as the "Social Media Protection 9
2221 for Minors Act." 10
2322 (b) Definitions. – The following definitions apply in this Chapter: 11
2423 (1) Account holder. – A person who opens an account or creates a profile or is 12
2524 identified by the social media platform by a unique identifier while using or 13
2625 accessing a social media platform when the social media platform knows or 14
2726 has reason to believe the person is a resident of this State. 15
2827 (2) Anonymous age verification. – A commercially reasonable method used by a 16
2928 government agency or a business for the purpose of age verification, that is 17
3029 conducted by a nongovernmental, independent third party organized under the 18
3130 laws of a state of the United States that meets all of the following criteria: 19
3231 a. Has its principal place of business in a state of the United States. 20
3332 b. Is not owned or controlled by a company formed in a foreign country, 21
3433 a government of a foreign country, or any other entity formed in a 22
3534 foreign country. 23
3635 (3) Daily active users. – The number of unique users in the United States who 24
3736 used the online forum, website, or application at least eighty percent (80%) of 25
3837 the days during the previous 12 months or, if the online forum, website, or 26
3938 application did not exist during the previous 12 months, the number of unique 27
4039 users in the United States who used the online forum, website, or application 28
4140 at least eighty percent (80%) of the days during the previous month. 29
4241 (4) Department. – The North Carolina Department of Justice. 30
4342 (5) Minor. – A person who is under 16 years of age. 31
4443 (6) Resident. – A person who lives in this State for more than six months of the 32
4544 year. 33
4645 (7) Social media platform or platform. – An online forum, website, or application 34
4746 that satisfies all of the following criteria: 35 General Assembly Of North Carolina Session 2025
48-Page 2 House Bill 301-Third Edition
47+Page 2 House Bill 301-Second Edition
4948 a. Allows users to upload content or view the content or activity of other 1
5049 users. 2
5150 b. Ten percent (10%) or more of the daily active users who are younger 3
5251 than 16 years of age spend on average two hours per day or longer on 4
5352 the online forum, website, or application on the days when using the 5
5453 online forum, website, or application during the previous 12 months 6
5554 or, if the online forum, website, or application did not exist during the 7
5655 previous 12 months, during the previous month. 8
5756 c. Employs algorithms that analyze user data or information on users to 9
5857 select content for users. 10
5958 d. Has any of the following addictive features: 11
6059 1. Infinite scrolling, which means either (i) continuously loading 12
6160 content or content that loads as the user scrolls down the page 13
6261 without the need to open a separate page or (ii) seamless 14
6362 content or the use of pages with no visible or apparent end or 15
6463 page breaks. 16
6564 2. Push notifications or alerts sent by the online forum, website, 17
6665 or application to inform a user about specific activities or 18
6766 events related to the user's account. 19
6867 3. Displays personal interactive metrics that indicate the number 20
6968 of times other users have clicked a button to indicate their 21
7069 reaction to content or have shared or reposted the content. 22
7170 4. Auto-play video or video that begins to play without the user 23
7271 first clicking on the video or on a play button for that video. 24
7372 5. Live-streaming or a function that allows a user or advertiser to 25
7473 broadcast live video content in real time. 26
7574 The term does not include (i) an online service, website, or application where 27
7675 the exclusive function is email or direct messaging consisting of text, 28
7776 photographs, pictures, images, or videos shared only between the sender and 29
7877 the recipients, without displaying or posting publicly or to other users not 30
79-specifically identified as the recipients by the sender, (ii) an online service, 31
80-website, or application that consists primarily of news, sports, entertainment, 32
81-or other information or content that is not user generated but preselected by 33
82-the provider, and for which any chat, comments, or interactive functionality is 34
83-incidental to, directly related to, or dependent on the provision of such content, 35
84-(iii) a community forum where the primary purpose of the forum is for 36
85-customer self-service support related to products, sellers, services, events, or 37
86-places, or any combination thereof, (iv) an interactive video game service 38
87-equipped with parental controls, (v) online shopping, or (vi) e-commerce. 39
88-(8) Standard age verification. – Any commercially reasonable method of age 40
89-verification approved by the social media platform. 41
90-"§ 114B-2. Social media protections for minors. 42
91-(a) Minors Under 14 Years of Age. – A social media platform shall prohibit a minor who 43
92-is younger than 14 years of age from entering into a contract with the platform to become an 44
93-account holder and shall do all of the following: 45
94-(1) Terminate any account held by a minor under 14 years of age upon 30 days' 46
95-notice to the account holder. Termination must be effective upon the 47
96-expiration of the 30 days if the account holder fails to effectively dispute the 48
97-termination. 49 General Assembly Of North Carolina Session 2025
98-House Bill 301-Third Edition Page 3
99-(2) Permanently delete all personal information held by the social media platform 1
100-relating to the terminated account, unless there are legal requirements to 2
101-maintain the information. 3
102-(b) Minors 14 or 15 Years of Age. – A social media platform shall prohibit a minor who 4
103-is 14 or 15 years of age from entering into a contract with the platform to become an account 5
104-holder unless the minor's parent or guardian provides consent for the minor to become an account 6
105-holder and shall do all of the following: 7
106-(1) Terminate any account held by an account holder who is 14 or 15 years of age 8
107-if the account holder's parent or guardian has not provided consent for the 9
108-minor to create or maintain the account. The social media platform shall 10
109-provide 30 days for an account holder to dispute the termination. 11
110-(2) Allow the parent or guardian of an account holder who is 14 or 15 years of 12
111-age to request that the minor's account be terminated. Termination must be 13
112-effective within 10 business days after the request. 14
113-(3) Permanently delete all personal information held by the social media platform 15
114-relating to the terminated account unless there are legal requirements to 16
115-maintain the information. 17
116-(c) Violations. – If the Department has reason to believe that a social media platform is 18
117-in violation of this section, the Department, as the enforcing entity, may bring an action against 19
118-the platform for an unfair or deceptive act or practice. 20
119-Any knowing or reckless violation of this section is deemed an unfair and deceptive trade 21
120-practice actionable under Chapter 75 of the General Statutes actionable solely by the Department 22
121-against a social media platform. 23
122-In addition to other remedies allowed by law, the Department may collect a civil penalty of 24
123-up to fifty thousand dollars ($50,000) per violation and reasonable attorneys' fees and court costs. 25
124-When the social media platform's failure to comply with this section is a consistent pattern of 26
125-knowing or reckless conduct, punitive damages may be assessed against the platform. 27
126-A social media platform that knowingly or recklessly violates this section is liable to the 28
127-minor account holder, including court costs and reasonable attorneys' fees. Claimants may be 29
128-awarded up to ten thousand dollars ($10,000) in damages. Any action brought under this 30
129-paragraph may only be brought on behalf of a minor account holder. A civil action for a claim 31
130-under this paragraph must be brought within one year from the date the complainant knew, or 32
131-reasonably should have known, of the alleged violation. 33
132-If a social media platform allows an account holder to use the social media platform, the 34
133-parties have entered into a contract. 35
134-This section does not preclude any other available remedy at law or in equity. 36
135-For purposes of bringing an action under this section, a social media platform that allows a 37
136-minor to create an account on the platform is considered to be both engaged in substantial and 38
137-not isolated activities within this State and operating, conducting, engaging in, or carrying on a 39
138-business and doing business in this State, and is therefore subject to the jurisdiction of the courts 40
139-of this State. 41
140-(d) Enforcement. – If, by its own inquiry or as a result of complaints, the Department has 42
141-reason to believe that an entity or person has engaged in, or is engaging in, an act or practice that 43
142-violates this section, the Department may administer oaths and affirmations, subpoena witnesses 44
143-or matter, and collect evidence. Within five days, excluding weekends and legal holidays, after 45
144-the service of a subpoena or at any time before the return date specified therein, whichever is 46
145-longer, the party served may file in the superior court in the county in which it resides or in which 47
146-it transacts business and serve upon the enforcing authority a petition for an order modifying or 48
147-setting aside the subpoena. The petitioner may raise any objection or privilege which would be 49
148-available upon service of such subpoena in a civil action. The subpoena shall inform the party 50
149-served of its rights under this subsection. 51 General Assembly Of North Carolina Session 2025
150-Page 4 House Bill 301-Third Edition
151-If the matter that the Department seeks to obtain by subpoena is located outside the State, the 1
152-entity or person subpoenaed may make it available to the Department or its representative to 2
153-examine the matter at the place where it is located. The Department may designate 3
154-representatives, including officials of the state in which the matter is located, to inspect the matter 4
155-on its behalf, and may respond to similar requests from officials of other states. 5
156-Upon failure of an entity or person without lawful excuse to obey a subpoena and upon 6
157-reasonable notice to all persons affected, the Department may apply to the superior court for an 7
158-order compelling compliance. 8
159-The Department may request that an entity or person that refuses to comply with a subpoena 9
160-on the ground that testimony or matter may incriminate the entity or person be ordered by the 10
161-court to provide the testimony or matter. Except in a prosecution for perjury, an entity or 11
162-individual that complies with a court order to provide testimony or matter after asserting a valid 12
163-privilege against self-incrimination shall not have the testimony or matter so provided, or 13
164-evidence derived therefrom, received against the entity or person in any criminal investigation or 14
165-proceeding. 15
166-Any entity or person upon whom a subpoena is served pursuant to this subsection shall 16
167-comply with the terms thereof unless otherwise provided by order of the court. 17
168-Any entity or person that fails to appear with the intent to avoid, evade, or prevent compliance 18
169-in whole or in part with any investigation under this Chapter or who removes from any place, 19
170-conceals, withholds, mutilates, alters, or destroys, or by any other means falsifies any 20
171-documentary material in the possession, custody, or control of any entity or person subject to any 21
172-such subpoena, or knowingly conceals any relevant information with the intent to avoid, evade, 22
173-or prevent compliance shall be liable for a civil penalty of not more than five thousand dollars 23
174-($5,000) per week in violation, reasonable attorneys' fees, and costs. 24
175-(e) Rules. – The Department may adopt rules to implement this Chapter. 25
176-(f) Civil Penalties. – The clear proceeds of civil penalties provided for in this section 26
177-shall be remitted to the Civil Penalty and Forfeiture Fund in accordance with G.S. 115C-457.2. 27
178-"§ 114B-3. Age verification for social media platforms. 28
179-(a) A social media platform must use either anonymous age verification or standard age 29
180-verification to verify that an account holder is 16 years of age or older and, except as provided in 30
181-G.S. 114B-2(b), prevent creation of an account by a person younger than 16 years of age. The 31
182-social media platform must offer anonymous age verification and standard age verification, and 32
183-a person attempting to create an account may select which method will be used to verify the 33
184-person's age. 34
185-(b) A social media platform must ensure that the requirements of subsection (c) of this 35
186-section are met. 36
187-(c) A third party conducting anonymous age verification pursuant to this section must 37
188-comply with all of the following: 38
189-(1) Shall not retain personal identifying information used to verify age once the 39
190-age of an account holder or a person seeking an account has been verified. 40
191-(2) Shall not use personal identifying information used to verify age for any other 41
192-purpose. 42
193-(3) Must keep anonymous any personal identifying information used to verify 43
194-age. The information may not be shared or otherwise communicated to any 44
195-person. 45
196-(4) Must protect personal identifying information used to verify age from 46
197-unauthorized or illegal access, destruction, use, modification, or disclosure 47
198-through reasonable security procedures and practices appropriate to the nature 48
199-of the personal information. 49 General Assembly Of North Carolina Session 2025
200-House Bill 301-Third Edition Page 5
201-(d) Any violation of subsection (a) or (b) of this section is deemed an unfair and deceptive 1
202-trade practice actionable under Chapter 75 of the General Statutes solely by the Department on 2
203-behalf of a resident minor against a social media platform. 3
204-If the Department has reason to believe that a social media platform is in violation, the 4
205-Department may bring an action against the social media platform for an unfair or deceptive act 5
206-or practice under Chapter 75 of the General Statutes. In addition to other remedies allowed by 6
207-law, the Department may collect a civil penalty of up to fifty thousand dollars ($50,000) per 7
208-violation and reasonable attorneys' fees and court costs. 8
209-When the social media platform's failure to comply with subsection (a) or (b) of this section 9
210-is a consistent pattern of knowing or reckless conduct, punitive damages may be assessed against 10
211-the social media platform. 11
212-"§ 114B-4. Miscellaneous provisions. 12
213-(a) It is the intent of the General Assembly that this Chapter be liberally construed for the 13
214-protection of minors. 14
215-(b) If any provision of this Chapter or its application to any person or circumstances is 15
216-held invalid, the invalidity does not affect other provisions or applications of this Chapter which 16
217-can be given effect without the invalid provision or application and, to this end, the provisions of 17
218-this Chapter are severable." 18
219-SECTION 2. This act becomes effective October 1, 2025. 19
78+specifically identified as the recipients by the sender, (ii) a community forum 31
79+where the primary purpose of the forum is for customer self-service support 32
80+related to products, sellers, services, events, or places, or any combination 33
81+thereof, (iii) an interactive video game service equipped with parental controls 34
82+that must be deactivated for a minor to use, (iv) online shopping, or (v) 35
83+e-commerce. 36
84+(8) Standard age verification. – Any commercially reasonable method of age 37
85+verification approved by the social media platform. 38
86+"§ 114B-2. Social media protections for minors. 39
87+(a) Minors Under 14 Years of Age. – A social media platform shall prohibit a minor who 40
88+is younger than 14 years of age from entering into a contract with the platform to become an 41
89+account holder and shall do all of the following: 42
90+(1) Terminate any account held by a minor under 14 years of age upon 30 days' 43
91+notice to the account holder. Termination must be effective upon the 44
92+expiration of the 30 days if the account holder fails to effectively dispute the 45
93+termination. 46
94+(2) Permanently delete all personal information held by the social media platform 47
95+relating to the terminated account, unless there are legal requirements to 48
96+maintain the information. 49
97+(b) Minors 14 or 15 Years of Age. – A social media platform shall prohibit a minor who 50
98+is 14 or 15 years of age from entering into a contract with the platform to become an account 51 General Assembly Of North Carolina Session 2025
99+House Bill 301-Second Edition Page 3
100+holder unless the minor's parent or guardian provides consent for the minor to become an account 1
101+holder and shall do all of the following: 2
102+(1) Terminate any account held by an account holder who is 14 or 15 years of age 3
103+if the account holder's parent or guardian has not provided consent for the 4
104+minor to create or maintain the account. The social media platform shall 5
105+provide 30 days for an account holder to dispute the termination. 6
106+(2) Allow the parent or guardian of an account holder who is 14 or 15 years of 7
107+age to request that the minor's account be terminated. Termination must be 8
108+effective within 10 business days after the request. 9
109+(3) Permanently delete all personal information held by the social media platform 10
110+relating to the terminated account unless there are legal requirements to 11
111+maintain the information. 12
112+(c) Violations. – If the Department has reason to believe that a social media platform is 13
113+in violation of this section, the Department, as the enforcing entity, may bring an action against 14
114+the platform for an unfair or deceptive act or practice. 15
115+Any knowing or reckless violation of this section is deemed an unfair and deceptive trade 16
116+practice actionable under Chapter 75 of the General Statutes actionable solely by the Department 17
117+against a social media platform. 18
118+In addition to other remedies allowed by law, the Department may collect a civil penalty of 19
119+up to fifty thousand dollars ($50,000) per violation and reasonable attorneys' fees and court costs. 20
120+When the social media platform's failure to comply with this section is a consistent pattern of 21
121+knowing or reckless conduct, punitive damages may be assessed against the platform. 22
122+A social media platform that knowingly or recklessly violates this section is liable to the 23
123+minor account holder, including court costs and reasonable attorneys' fees. Claimants may be 24
124+awarded up to ten thousand dollars ($10,000) in damages. Any action brought under this 25
125+paragraph may only be brought on behalf of a minor account holder. A civil action for a claim 26
126+under this paragraph must be brought within one year from the date the complainant knew, or 27
127+reasonably should have known, of the alleged violation. 28
128+If a social media platform allows an account holder to use the social media platform, the 29
129+parties have entered into a contract. 30
130+This section does not preclude any other available remedy at law or in equity. 31
131+For purposes of bringing an action under this section, a social media platform that allows a 32
132+minor to create an account on the platform is considered to be both engaged in substantial and 33
133+not isolated activities within this State and operating, conducting, engaging in, or carrying on a 34
134+business and doing business in this State, and is therefore subject to the jurisdiction of the courts 35
135+of this State. 36
136+(d) Enforcement. – If, by its own inquiry or as a result of complaints, the Department has 37
137+reason to believe that an entity or person has engaged in, or is engaging in, an act or practice that 38
138+violates this section, the Department may administer oaths and affirmations, subpoena witnesses 39
139+or matter, and collect evidence. Within five days, excluding weekends and legal holidays, after 40
140+the service of a subpoena or at any time before the return date specified therein, whichever is 41
141+longer, the party served may file in the superior court in the county in which it resides or in which 42
142+it transacts business and serve upon the enforcing authority a petition for an order modifying or 43
143+setting aside the subpoena. The petitioner may raise any objection or privilege which would be 44
144+available upon service of such subpoena in a civil action. The subpoena shall inform the party 45
145+served of its rights under this subsection. 46
146+If the matter that the Department seeks to obtain by subpoena is located outside the State, the 47
147+entity or person subpoenaed may make it available to the Department or its representative to 48
148+examine the matter at the place where it is located. The Department may designate 49
149+representatives, including officials of the state in which the matter is located, to inspect the matter 50
150+on its behalf, and may respond to similar requests from officials of other states. 51 General Assembly Of North Carolina Session 2025
151+Page 4 House Bill 301-Second Edition
152+Upon failure of an entity or person without lawful excuse to obey a subpoena and upon 1
153+reasonable notice to all persons affected, the Department may apply to the superior court for an 2
154+order compelling compliance. 3
155+The Department may request that an entity or person that refuses to comply with a subpoena 4
156+on the ground that testimony or matter may incriminate the entity or person be ordered by the 5
157+court to provide the testimony or matter. Except in a prosecution for perjury, an entity or 6
158+individual that complies with a court order to provide testimony or matter after asserting a valid 7
159+privilege against self-incrimination shall not have the testimony or matter so provided, or 8
160+evidence derived therefrom, received against the entity or person in any criminal investigation or 9
161+proceeding. 10
162+Any entity or person upon whom a subpoena is served pursuant to this subsection shall 11
163+comply with the terms thereof unless otherwise provided by order of the court. 12
164+Any entity or person that fails to appear with the intent to avoid, evade, or prevent compliance 13
165+in whole or in part with any investigation under this Chapter or who removes from any place, 14
166+conceals, withholds, mutilates, alters, or destroys, or by any other means falsifies any 15
167+documentary material in the possession, custody, or control of any entity or person subject to any 16
168+such subpoena, or knowingly conceals any relevant information with the intent to avoid, evade, 17
169+or prevent compliance shall be liable for a civil penalty of not more than five thousand dollars 18
170+($5,000) per week in violation, reasonable attorneys' fees, and costs. 19
171+(e) Rules. – The Department may adopt rules to implement this Chapter. 20
172+(f) Civil Penalties. – The clear proceeds of civil penalties provided for in this section 21
173+shall be remitted to the Civil Penalty and Forfeiture Fund in accordance with G.S. 115C-457.2. 22
174+"§ 114B-3. Age verification for social media platforms. 23
175+(a) A social media platform must use either anonymous age verification or standard age 24
176+verification to verify that an account holder is 16 years of age or older and, except as provided in 25
177+G.S. 114B-2(b), prevent creation of an account by a person younger than 16 years of age. The 26
178+social media platform must offer anonymous age verification and standard age verification, and 27
179+a person attempting to create an account may select which method will be used to verify the 28
180+person's age. 29
181+(b) A social media platform must ensure that the requirements of subsection (c) of this 30
182+section are met. 31
183+(c) A third party conducting anonymous age verification pursuant to this section must 32
184+comply with all of the following: 33
185+(1) Shall not retain personal identifying information used to verify age once the 34
186+age of an account holder or a person seeking an account has been verified. 35
187+(2) Shall not use personal identifying information used to verify age for any other 36
188+purpose. 37
189+(3) Must keep anonymous any personal identifying information used to verify 38
190+age. The information may not be shared or otherwise communicated to any 39
191+person. 40
192+(4) Must protect personal identifying information used to verify age from 41
193+unauthorized or illegal access, destruction, use, modification, or disclosure 42
194+through reasonable security procedures and practices appropriate to the nature 43
195+of the personal information. 44
196+(d) Any violation of subsection (a) or (b) of this section is deemed an unfair and deceptive 45
197+trade practice actionable under Chapter 75 of the General Statutes solely by the Department on 46
198+behalf of a resident minor against a social media platform. 47
199+If the Department has reason to believe that a social media platform is in violation, the 48
200+Department may bring an action against the social media platform for an unfair or deceptive act 49
201+or practice under Chapter 75 of the General Statutes. In addition to other remedies allowed by 50 General Assembly Of North Carolina Session 2025
202+House Bill 301-Second Edition Page 5
203+law, the Department may collect a civil penalty of up to fifty thousand dollars ($50,000) per 1
204+violation and reasonable attorneys' fees and court costs. 2
205+When the social media platform's failure to comply with subsection (a) or (b) of this section 3
206+is a consistent pattern of knowing or reckless conduct, punitive damages may be assessed against 4
207+the social media platform. 5
208+"§ 114B-4. Miscellaneous provisions. 6
209+(a) It is the intent of the General Assembly that this Chapter be liberally construed for the 7
210+protection of minors. 8
211+(b) If any provision of this Chapter or its application to any person or circumstances is 9
212+held invalid, the invalidity does not affect other provisions or applications of this Chapter which 10
213+can be given effect without the invalid provision or application and, to this end, the provisions of 11
214+this Chapter are severable." 12
215+SECTION 2. This act becomes effective October 1, 2025. 13