Rhode Island 2025 Regular Session

Rhode Island House Bill H5291 Compare Versions

Only one version of the bill is available at this time.

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5	5	2025 -- H 5291
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7	7	LC000157
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9	9	S T A T E O F R H O D E I S L A N D
10	10	IN GENERAL ASSEMBLY
11	11	JANUARY SESSION, A.D. 2025
12	12	____________
13	13
14	14	A N A C T
15	15	RELATING TO COMMERCI AL LAW -- GENERAL REGULATORY PROVISION S --
16	16	RHODE ISLAND SOCIAL MEDIA REGULATION ACT
17	17	Introduced By: Representatives Spears, Cotter, Donovan, Fogarty, Boylan, Speakman,
18	18	McNamara, Chippendale, Tanzi, and Casimiro
19	19	Date Introduced: February 05, 2025
20	20	Referred To: House Corporations
21	21
22	22
23	23	It is enacted by the General Assembly as follows:
24	24	SECTION 1. Title 6 of the General Laws entitled "COMMERCIAL LAW — GENERAL 1
25	25	REGULATORY PROVISIONS" is hereby amended by adding thereto the following chapter: 2
26	26	CHAPTER 61 3
27	27	RHODE ISLAND SOCIAL MEDIA REGULATI ON ACT 4
28	28	6-61-1. Definitions. 5
29	29	As used in this chapter: 6
30	30	(1) "Account holder" means a person who has, or opens, an account or profile to use a 7
31	31	social media company's platform. 8
32	32	(2) "Director" means the director of the department of business regulation. 9
33	33	(3) "Department" means the department of business regulation. 10
34	34	(4) "Educational entity" means a public school, a local education agency (LEA), a charter 11
35	35	school, a private school, a denominational school, a parochial school, a community college, a state 12
36	36	college, a state university, or a nonprofit private postsecondary educational institution. 13
37	37	(5) "Interactive computer service" means an information service, information system, or 14
38	38	information access software provider that provides or enables computer access by multiple users to 15
39	39	a computer server and provides access to the Internet. "Interactive computer service" includes: 16
40	40	(i) A web service; 17
41	41	(ii) A web system; 18
42	42
43	43
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45	45	(iii) A website; 1
46	46	(iv) A web application; and 2
47	47	(v) A web portal. 3
48	48	(6) "Minor" means an individual who is under the age of eighteen (18) years. 4
49	49	(7) "Post" means content that an account holder makes available on a social media platform 5
50	50	for other account holders or users to view. 6
51	51	(8) "Social media company" means a person or entity that: 7
52	52	(i) Provides a social media platform that has at least five million (5,000,000) account 8
53	53	holders worldwide; and 9
54	54	(ii) Is an interactive computer service. 10
55	55	(9)(i) "Social media platform" means an online forum that a social media company makes 11
56	56	available for an account holder to: 12
57	57	(A) Create a profile; 13
58	58	(B) Upload posts; 14
59	59	(C) View the posts of other account holders; and 15
60	60	(D) Interact with other account holders or users. 16
61	61	(ii) "Social media platform" does not include an online service, website, or application: 17
62	62	(A) Where the predominant or exclusive function is: 18
63	63	(I) Electronic mail; 19
64	64	(II) Direct messaging consisting of text, photos, or videos that are sent between devices by 20
65	65	electronic means where messages are shared between the sender and the recipient, only visible to 21
66	66	the sender and the recipient, and are not posted publicly; 22
67	67	(B) That provides a streaming service that: 23
68	68	(I) Provides only licensed media in a continuous flow from the service, website, or 24
69	69	application to the end user; and 25
70	70	(II) Does not obtain a license to the media from a user or account holder by agreement to 26
71	71	its terms of service; 27
72	72	(C) That provides news, sports, entertainment, or other content that is preselected by the 28
73	73	provider and not user generated, and any chat, comment, or interactive functionality that is provided 29
74	74	incidental to, directly related to, or dependent upon provision of the content; 30
75	75	(D) That provides online shopping or e-commerce, if the interaction with other users or 31
76	76	account holders is generally limited to: 32
77	77	(I) The ability to upload a post and comment on reviews; and 33
78	78	(II) The ability to display lists or collections of goods for sale or wish lists; and other 34
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80	80
81	81	LC000157 - Page 3 of 10
82	82	functions that are focused on online shopping or e-commerce rather than interaction between users 1
83	83	or account holders; 2
84	84	(E) That provides interactive gaming, virtual gaming, or an online service, that allows the 3
85	85	creation and uploading of content for the purpose of interactive gaming, edutainment, or associated 4
86	86	entertainment, and the communication related to that content; 5
87	87	(F) That provides photo editing that has an associated photo hosting service, if the 6
88	88	interaction with other users or account holders is generally limited to liking or commenting; 7
89	89	(G) That provides a professional creative network for showcasing and discovering artistic 8
90	90	content, if the content is required to be non-pornographic; 9
91	91	(H) That provides single-purpose community groups for public safety if the interaction 10
92	92	with other users or account holders is generally limited to that single purpose and the community 11
93	93	group has guidelines or policies against illegal content; 12
94	94	(I) Providing career development opportunities, including professional networking, job 13
95	95	skills, learning certifications, and job posting and application services; 14
96	96	(J) That provides business to business software; 15
97	97	(K) That provides a teleconferencing or videoconferencing service that allows reception 16
98	98	and transmission of audio and video signals for real time communication; 17
99	99	(L) That provides cloud storage; 18
100	100	(M) That provides shared document collaboration; 19
101	101	(N) That provides cloud computing services, which may include cloud storage and shared 20
102	102	document collaboration; 21
103	103	(O) Providing access to or interacting with data visualization platforms, libraries, or hubs; 22
104	104	(P) Permitting comments on a digital news website, if the news content is posted only by 23
105	105	the provider of the digital news website; 24
106	106	(Q) Providing or obtaining technical support for a platform, product, or service; 25
107	107	(R) That provides academic or scholarly research; 26
108	108	(S) That provides genealogical research where the majority of the content that is posted or 27
109	109	created is posted or created by the provider of the online service, website, or application and the 28
110	110	ability to chat, comment, or interact with other users is directly related to the provider's content; 29
111	111	(T) That is a classified ad service that only permits the sale of goods and prohibits the 30
112	112	solicitation of personal services; or 31
113	113	(U) That is used by and under the direction of an educational entity, including a learning 32
114	114	management system a student engagement program and a subject or skill-specific program. 33
115	115	(10) "User" means a person who has access to view all or some of, the post on a social 34
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119	119	media platform, but is not an account holder. 1
120	120	(11) “Rhode Island account holder” means a person who is a Rhode Island resident and an 2
121	121	account holder. The term "Rhode Island account holder" includes a Rhode Island minor account 3
122	122	holder. 4
123	123	(12) "Rhode Island minor account holder" means a Rhode Island account holder who is a 5
124	124	minor. 6
125	125	(13) "Rhode Island resident" means an individual who currently resides in Rhode Island. 7
126	126	6-61-2. Age requirements for use of social media platform -- Parental consent -- 8
127	127	Rulemaking authority of decision. 9
128	128	(a) Commencing January 1, 2026, a social media company may not permit a Rhode Island 10
129	129	resident who is a minor to be an account holder on the social media company's social media 11
130	130	platform unless the Rhode Island resident has the express consent of a parent or guardian. 12
131	131	(b) Notwithstanding any provision of this chapter, a social media company may not permit 13
132	132	a Rhode Island resident who is a minor to hold or open an account on a social media platform if the 14
133	133	minor is ineligible to hold or open an account under any other provision of state or federal law. 15
134	134	(c) Commencing January 1, 2026, a social media company shall verify the age of an 16
135	135	existing or new Rhode Island account holder and, if the existing or new account holder is a minor, 17
136	136	confirm that a minor has consent as required under this chapter: 18
137	137	(1) For a new account, at the time the Rhode Island resident opens the account; or 19
138	138	(2) For a Rhode Island account holder who has not provided age verification as required 20
139	139	under this section, within fourteen (14) calendar days of the Rhode Island account holder's attempt 21
140	140	to access the account. 22
141	141	(d) If a Rhode Island account holder fails to meet the verification requirements of this 23
142	142	section within the required time period, the social media company shall deny access to the account: 24
143	143	(1) Upon the expiration of the time period; and 25
144	144	(2) Until all verification requirements are met. 26
145	145	(e) The department shall promulgate rules and regulations to implement the provisions of 27
146	146	this chapter to include, but not limited to: 28
147	147	(1) Establish processes or means by which a social media company may meet the age 29
148	148	verification requirements of this chapter; 30
149	149	(2) Establish acceptable forms or methods of identification, which may not be limited to a 31
150	150	valid identification card issued by a government entity; 32
151	151	(3) Establish requirements for providing confirmation of the receipt of any information 33
152	152	provided by a person seeking to verify age under this chapter; 34
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156	156	(4) Establish processes or means to confirm that a parent or guardian has provided consent 1
157	157	for the minor to open or use an account pursuant to the provisions of this chapter; 2
158	158	(5) Establish requirements for retaining, protecting, and securely disposing of any 3
159	159	information obtained by a social media company or its agent as a result of compliance with the 4
160	160	requirements of this chapter; and 5
161	161	(6) Require that information obtained by a social media company or its agent in order to 6
162	162	comply retained for the purpose of compliance and may not be used for any other purpose. 7
163	163	(f) If the department permits an agent to process verification requirements required by this 8
164	164	section, require that the agent have its principal place of business in the United States of America. 9
165	165	(g) The department shall require other applicable state agencies to comply with any rules 10
166	166	promulgated under the authority of this section. 11
167	167	(h) The department shall ensure that the rules are consistent with state and federal law. 12
168	168	6-61-3. Prohibition on data collection for certain accounts -- Prohibition on 13
169	169	advertising -- Use of information -- Search results-- Directed content. 14
170	170	Commencing January 1, 2026, a social media company, for a social media platform 15
171	171	account held by a Rhode Island minor account holder: 16
172	172	(1) Shall prohibit direct messaging between the account and any other user that is not linked 17
173	173	to the account through friending; 18
174	174	(2) May not show the account in search results for any user that is not linked to the account 19
175	175	through friending; 20
176	176	(3) Shall prohibit the display of any advertising in the account; 21
177	177	(4) Shall not collect or use any personal information from the posts, content, messages, 22
178	178	text, or usage activities of the account other than information that is necessary to comply with, and 23
179	179	to verify compliance with, state or federal law, which information includes a parent or guardian's 24
180	180	name, a birth date, and any other information required to be submitted under this section; and 25
181	181	(5) Shall prohibit the use of targeted or suggested groups, services, products, posts, 26
182	182	accounts, or users in the account. 27
183	183	6-61-4. Parental access to social media account. 28
184	184	(a) Commencing January 1, 2026, a social media company shall provide a parent or 29
185	185	guardian who has given parental consent for a Rhode Island minor account holder under § 6-61-2 30
186	186	with a password or other means for the parent or guardian to access the account, which shall allow 31
187	187	the parent or guardian to view: 32
188	188	(1) All posts the Rhode Island minor account holder makes under the social media platform 33
189	189	account; and 34
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193	193	(2) All responses and messages sent to or by the Rhode Island minor account holder in the 1
194	194	social media platform account. 2
195	195	6-61-5. Limited hours of access for minors -- Parental access and options. 3
196	196	(a) Commencing January 1, 2026, a social media company shall prohibit a Rhode Island 4
197	197	minor account holder from having access to the Rhode Island minor account holder's account 5
198	198	during the hours of 10:30 p.m. to 6:30 a.m., unless the access is modified according to another 6
199	199	requirement of this section. 7
200	200	(1) Time of day under this section shall be calculated based on the Internet protocol address 8
201	201	being used by the Rhode Island minor account holder at the time of attempting access. 9
202	202	(2) A social media company shall provide options for a parent or guardian with access to 10
203	203	an account under § 6-61-4 to: 11
204	204	(i) Change or eliminate the time-of-day restriction described in subsection (a) of this 12
205	205	section; and 13
206	206	(ii) Set a limit on the number of hours per day that a Rhode Island minor account holder 14
207	207	may use the account. 15
208	208	(3) A social media company shall not permit a Rhode Island minor account holder to 16
209	209	change or bypass restrictions on access as required by this section. 17
210	210	(4) Notwithstanding any provision of this section, a social media company shall permit a 18
211	211	parent or guardian with access to an account under § 6-61-4 to access the account without time 19
212	212	restrictions. 20
213	213	6-61-6. Investigating powers of the department. 21
214	214	(a) The department shall receive consumer complaints alleging a violation of this chapter. 22
215	215	(b) A person may file a consumer complaint that alleges a violation under this chapter, with 23
216	216	the department. 24
217	217	(c) The department shall investigate a consumer complaint to determine whether a violation 25
218	218	of §§ 6-61-2, 6-61-3, and/or 6-6-4 occurred. 26
219	219	6-61-7. Enforcement powers of the department. 27
220	220	(a) Except for a private right of action under § 6-61-9, the department has the exclusive 28
221	221	authority to administer and enforce the requirements of §§ 6-61-2, 6-61-3, and 6-61-4. 29
222	222	(b) The attorney general upon request, shall give legal advice to, and act as counsel for, the 30
223	223	department in the exercise of the department responsibilities under this chapter. 31
224	224	(c) Subject to the ability to cure an alleged violation under this chapter: 32
225	225	(1) The department director may impose an administrative fine of up to two thousand five 33
226	226	hundred dollars ($2,500) for each violation of this chapter; and 34
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230	230	(2) The department may bring an action in a court of competent jurisdiction to enforce a 1
231	231	provision of this chapter. 2
232	232	(d) In a court action by the department to enforce a provision of §§ 6-61-2, 6-61-3, or 6-3
233	233	61-4, the court may: 4
234	234	(1) Declare that the act or practice violates a provision of §§ 6-61-2, 6-61-3, or 6-61-4; 5
235	235	(2) Issue an injunction for a violation of §§ 6-61-2, 6-61-3; or 6-61-4; 6
236	236	(3) Order disgorgement of any money received in violation of §§ 6-61-2, 6-61-3, or 6-61-7
237	237	4; 8
238	238	(4) Order payment of disgorged money to an injured purchaser or consumer; 9
239	239	(5) Award actual damages to an injured purchaser or consumer; and 10
240	240	(6) Award any other relief that the court deems reasonable and necessary. 11
241	241	(e) At least thirty (30) days before the day on which the department initiates an enforcement 12
242	242	action against a person or entity that is subject to the requirements of this chapter, the department 13
243	243	shall provide the person or entity with: 14
244	244	(1) Written notice that identifies each alleged violation; and 15
245	245	(2) An explanation of the basis for each allegation. 16
246	246	(f) The department may not initiate an action if the person or entity: 17
247	247	(1) Cures the noticed violation within thirty (30) days after the day on which the person or 18
248	248	entity receives the notices; and 19
249	249	(2) Provides the department with a written statement that: 20
250	250	(i) The person or entity has cured the violation; and 21
251	251	(ii) States no further violation shall occur. 22
252	252	(g) The department may initiate a civil action against a person or entity who: 23
253	253	(1) Fails to cure a violation after receiving the notice described in this section; or 24
254	254	(2) After curing a noticed violation and providing a written statement in accordance with 25
255	255	the provisions of this chapter, commits another violation of the same provision. 26
256	256	(h) If a court of competent jurisdiction grants judgment or injunctive relief to the 27
257	257	department the court shall award the department: 28
258	258	(1) Reasonable attorney fees; 29
259	259	(2) Court costs; and 30
260	260	(3) Investigative fees. 31
261	261	(i) A person who repeatedly violates an administrative or court order issued for a violation 32
262	262	of this chapter, is subject to a civil penalty of no more than five thousand dollars ($5,000) for a 33
263	263	second or subsequent violation. 34
264	264
265	265
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267	267	(j) A civil penalty authorized under this section may be imposed in any civil action brought 1
268	268	by the department or by the attorney general on behalf of the department. 2
269	269	6-61-8. Department report. 3
270	270	The department shall compile an annual report: 4
271	271	(1) Evaluating the liability and enforcement provisions of this chapter, including: 5
272	272	(i) The effectiveness of the department's efforts to enforce this chapter; and 6
273	273	(ii) Any recommendations for changes to this chapter; 7
274	274	(2) Summarizing the consumer interactions that are protected and not protected by this 8
275	275	chapter, including a list of alleged violations the department has received; and 9
276	276	(3) An accounting of all administrative fines and civil penalties assessed during the year. 10
277	277	6-61-9. Private rights of action. 11
278	278	(a) Commencing January l, 2026, an aggrieved person or account holder may bring an 12
279	279	action against a person that does not comply with a requirement of § 6-61-2. 13
280	280	(b) A suit filed under the authority of this section shall be filed in the superior court for the 14
281	281	county in which a person bringing the action resides. 15
282	282	(c) If a court finds that a person or entity has violated a provision of §§ 6-61-2, 6-61-3, or 16
283	283	6-61-4, the person who brings an action under this section is entitled to: 17
284	284	(1) An award of reasonable attorney fees and court costs; and 18
285	285	(2) An amount equal to the greater of: 19
286	286	(i) Two thousand five hundred dollars ($2,500) per each incident of violation; or 20
287	287	(ii) Actual damages for financial, physical, and emotional harm incurred by the person 21
288	288	bringing the action, if the court determines that the harm is a direct consequence of the violation or 22
289	289	violations. 23
290	290	6-61-10. Waiver prohibited. 24
291	291	A waiver or limitation, or a purported waiver or limitation, of any of the following is void 25
292	292	as unlawful, is against public policy, and a court or arbitrator may not enforce or give effect to the 26
293	293	waiver, notwithstanding any contract or choice-of-law provision in a contract of a protection or 27
294	294	requirement provided under this chapter. 28
295	295	6-61-11. Severability. 29
296	296	If any provision of this chapter or the application of any provision to any person or 30
297	297	circumstance is held invalid by a final decision of a court of competent jurisdiction, the remainder 31
298	298	of this chapter shall be given effect without the invalid provision or application. The provisions of 32
299	299	this chapter are severable. 33
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303	303	SECTION 2. This act shall take effect on January 1, 2026. 1
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305	305	LC000157
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309	309	LC000157 - Page 10 of 10
310	310	EXPLANATION
311	311	BY THE LEGISLATIVE COUNCIL
312	312	OF
313	313	A N A C T
314	314	RELATING TO COMMERCI AL LAW -- GENERAL REGULATORY PROVISIONS --
315	315	RHODE ISLAND SOCIAL MEDIA REGULATION ACT
316	316	***
317	317	This act would create the Rhode Island Social Media Regulation act, which would not 1
318	318	permit a Rhode Island resident who is a minor to be an account holder on a social media's platform 2
319	319	unless the minor has the express consent of a parent or guardian. 3
320	320	This act would take effect on January 1, 2026. 4
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322	322	LC000157
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