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Rhode Island Senate Bill S0929

Rhode Island 2025 Regular Session

Rhode Island Senate Bill S0929 Compare Versions

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55 2025 -- S 0929
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99 S T A T E O F R H O D E I S L A N D
1010 IN GENERAL ASSEMBLY
1111 JANUARY SESSION, A.D. 2025
1212 ____________
1313
1414 A N A C T
1515 RELATING TO COMMERCI AL LAW -- GENERAL REGULATORY PROVISION S --
1616 RHODE ISLAND SOCIAL MEDIA REGULATION ACT
1717 Introduced By: Senators DiPalma, and Gu
1818 Date Introduced: March 28, 2025
1919 Referred To: Senate Judiciary
2020
2121
2222 It is enacted by the General Assembly as follows:
2323 SECTION 1. Title 6 of the General Laws entitled "COMMERCIAL LAW — GENERAL 1
2424 REGULATORY PROVISIONS" is hereby amended by adding thereto the following chapter: 2
2525 CHAPTER 61 3
2626 RHODE ISLAND SOCIAL MEDIA REGULATION ACT 4
2727 6-61-1. Definitions. 5
2828 As used in this chapter: 6
2929 (1) "Account holder" means a person who has, or opens, an account or profile to use a 7
3030 social media company's platform. 8
3131 (2) "Director" means the director of the department of business regulation. 9
3232 (3) "Department" means the department of business regulation. 10
3333 (4) "Educational entity" means a public school, a local education agency (LEA), a charter 11
3434 school, a private school, a denominational school, a parochial school, a community college, a state 12
3535 college, a state university, or a nonprofit private postsecondary educational institution. 13
3636 (5) "Interactive computer service" means an information service, information system, or 14
3737 information access software provider that provides or enables computer access by multiple users to 15
3838 a computer server and provides access to the Internet. "Interactive computer service" includes: 16
3939 (i) A web service; 17
4040 (ii) A web system; 18
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4444 (iii) A website; 1
4545 (iv) A web application; and 2
4646 (v) A web portal. 3
4747 (6) "Minor" means an individual who is under the age of eighteen (18) years. 4
4848 (7) "Post" means content that an account holder makes available on a social media platform 5
4949 for other account holders or users to view. 6
5050 (8) "Social media company" means a person or entity that: 7
5151 (i) Provides a social media platform that has at least five million (5,000,000) account 8
5252 holders worldwide; and 9
5353 (ii) Is an interactive computer service. 10
5454 (9)(i) "Social media platform" means an online forum that a social media company makes 11
5555 available for an account holder to: 12
5656 (A) Create a profile; 13
5757 (B) Upload posts; 14
5858 (C) View the posts of other account holders; and 15
5959 (D) Interact with other account holders or users. 16
6060 (ii) "Social media platform" does not include an online service, website, or application: 17
6161 (A) Where the predominant or exclusive function is: 18
6262 (I) Electronic mail; 19
6363 (II) Direct messaging consisting of text, photos, or videos that are sent between devices by 20
6464 electronic means where messages are shared between the sender and the recipient, only visible to 21
6565 the sender and the recipient, and are not posted publicly; 22
6666 (B) That provides a streaming service that: 23
6767 (I) Provides only licensed media in a continuous flow from the service, website, or 24
6868 application to the end user; and 25
6969 (II) Does not obtain a license to the media from a user or account holder by agreement to 26
7070 its terms of service; 27
7171 (C) That provides news, sports, entertainment, or other content that is preselected by the 28
7272 provider and not user generated, and any chat, comment, or interactive functionality that is provided 29
7373 incidental to, directly related to, or dependent upon provision of the content; 30
7474 (D) That provides online shopping or e-commerce, if the interaction with other users or 31
7575 account holders is generally limited to: 32
7676 (I) The ability to upload a post and comment on reviews; and 33
7777 (II) The ability to display lists or collections of goods for sale or wish lists; and other 34
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8181 functions that are focused on online shopping or e-commerce rather than interaction between users 1
8282 or account holders; 2
8383 (E) That provides interactive gaming, virtual gaming, or an online service, that allows the 3
8484 creation and uploading of content for the purpose of interactive gaming, edutainment, or associated 4
8585 entertainment, and the communication related to that content; 5
8686 (F) That provides photo editing that has an associated photo hosting service, if the 6
8787 interaction with other users or account holders is generally limited to liking or commenting; 7
8888 (G) That provides a professional creative network for showcasing and discovering artistic 8
8989 content, if the content is required to be non-pornographic; 9
9090 (H) That provides single-purpose community groups for public safety if the interaction 10
9191 with other users or account holders is generally limited to that single purpose and the community 11
9292 group has guidelines or policies against illegal content; 12
9393 (I) Providing career development opportunities, including professional networking, job 13
9494 skills, learning certifications, and job posting and application services; 14
9595 (J) That provides business to business software; 15
9696 (K) That provides a teleconferencing or videoconferencing service that allows reception 16
9797 and transmission of audio and video signals for real time communication; 17
9898 (L) That provides cloud storage; 18
9999 (M) That provides shared document collaboration; 19
100100 (N) That provides cloud computing services, which may include cloud storage and shared 20
101101 document collaboration; 21
102102 (O) Providing access to or interacting with data visualization platforms, libraries, or hubs; 22
103103 (P) Permitting comments on a digital news website, if the news content is posted only by 23
104104 the provider of the digital news website; 24
105105 (Q) Providing or obtaining technical support for a platform, product, or service; 25
106106 (R) That provides academic or scholarly research; 26
107107 (S) That provides genealogical research where the majority of the content that is posted or 27
108108 created is posted or created by the provider of the online service, website, or application and the 28
109109 ability to chat, comment, or interact with other users is directly related to the provider's content; 29
110110 (T) That is a classified ad service that only permits the sale of goods and prohibits the 30
111111 solicitation of personal services; or 31
112112 (U) That is used by and under the direction of an educational entity, including a learning 32
113113 management system a student engagement program and a subject or skill-specific program. 33
114114 (10) "User" means a person who has access to view all or some of, the post on a social 34
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118118 media platform, but is not an account holder. 1
119119 (11) “Rhode Island account holder” means a person who is a Rhode Island resident and an 2
120120 account holder. The term "Rhode Island account holder" includes a Rhode Island minor account 3
121121 holder. 4
122122 (12) "Rhode Island minor account holder" means a Rhode Island account holder who is a 5
123123 minor. 6
124124 (13) "Rhode Island resident" means an individual who currently resides in Rhode Island. 7
125125 6-61-2. Age requirements for use of social media platform -- Parental consent -- 8
126126 Rulemaking authority of decision. 9
127127 (a) Commencing January 1, 2026, a social media company may not permit a Rhode Island 10
128128 resident who is a minor to be an account holder on the social media company's social media 11
129129 platform unless the Rhode Island resident has the express consent of a parent or guardian. 12
130130 (b) Notwithstanding any provision of this chapter, a social media company may not permit 13
131131 a Rhode Island resident who is a minor to hold or open an account on a social media platform if the 14
132132 minor is ineligible to hold or open an account under any other provision of state or federal law. 15
133133 (c) Commencing January 1, 2026, a social media company shall verify the age of an 16
134134 existing or new Rhode Island account holder and, if the existing or new account holder is a minor, 17
135135 confirm that a minor has consent as required under this chapter: 18
136136 (1) For a new account, at the time the Rhode Island resident opens the account; or 19
137137 (2) For a Rhode Island account holder who has not provided age verification as required 20
138138 under this section, within fourteen (14) calendar days of the Rhode Island account holder's attempt 21
139139 to access the account. 22
140140 (d) If a Rhode Island account holder fails to meet the verification requirements of this 23
141141 section within the required time period, the social media company shall deny access to the account: 24
142142 (1) Upon the expiration of the time period; and 25
143143 (2) Until all verification requirements are met. 26
144144 (e) The department shall promulgate rules and regulations to implement the provisions of 27
145145 this chapter to include, but not limited to: 28
146146 (1) Establish processes or means by which a social media company may meet the age 29
147147 verification requirements of this chapter; 30
148148 (2) Establish acceptable forms or methods of identification, which may not be limited to a 31
149149 valid identification card issued by a government entity; 32
150150 (3) Establish requirements for providing confirmation of the receipt of any information 33
151151 provided by a person seeking to verify age under this chapter; 34
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155155 (4) Establish processes or means to confirm that a parent or guardian has provided consent 1
156156 for the minor to open or use an account pursuant to the provisions of this chapter; 2
157157 (5) Establish requirements for retaining, protecting, and securely disposing of any 3
158158 information obtained by a social media company or its agent as a result of compliance with the 4
159159 requirements of this chapter; and 5
160160 (6) Require that information obtained by a social media company or its agent in order to 6
161161 comply retained for the purpose of compliance and may not be used for any other purpose. 7
162162 (f) If the department permits an agent to process verification requirements required by this 8
163163 section, require that the agent have its principal place of business in the United States of America. 9
164164 (g) The department shall require other applicable state agencies to comply with any rules 10
165165 promulgated under the authority of this section. 11
166166 (h) The department shall ensure that the rules are consistent with state and federal law. 12
167167 6-61-3. Prohibition on data collection for certain accounts -- Prohibition on 13
168168 advertising -- Use of information -- Search results-- Directed content. 14
169169 Commencing January 1, 2026, a social media company, for a social media platform 15
170170 account held by a Rhode Island minor account holder: 16
171171 (1) Shall prohibit direct messaging between the account and any other user that is not linked 17
172172 to the account through friending; 18
173173 (2) May not show the account in search results for any user that is not linked to the account 19
174174 through friending; 20
175175 (3) Shall prohibit the display of any advertising in the account; 21
176176 (4) Shall not collect or use any personal information from the posts, content, messages, 22
177177 text, or usage activities of the account other than information that is necessary to comply with, and 23
178178 to verify compliance with, state or federal law, which information includes a parent or guardian's 24
179179 name, a birth date, and any other information required to be submitted under this section; and 25
180180 (5) Shall prohibit the use of targeted or suggested groups, services, products, posts, 26
181181 accounts, or users in the account. 27
182182 6-61-4. Parental access to social media account. 28
183183 (a) Commencing January 1, 2026, a social media company shall provide a parent or 29
184184 guardian who has given parental consent for a Rhode Island minor account holder under § 6-61-2 30
185185 with a password or other means for the parent or guardian to access the account, which shall allow 31
186186 the parent or guardian to view: 32
187187 (1) All posts the Rhode Island minor account holder makes under the social media platform 33
188188 account; and 34
189189
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192192 (2) All responses and messages sent to or by the Rhode Island minor account holder in the 1
193193 social media platform account. 2
194194 6-61-5. Limited hours of access for minors -- Parental access and options. 3
195195 (a) Commencing January 1, 2026, a social media company shall prohibit a Rhode Island 4
196196 minor account holder from having access to the Rhode Island minor account holder's account 5
197197 during the hours of 10:30 p.m. to 6:30 a.m., unless the access is modified according to another 6
198198 requirement of this section. 7
199199 (1) Time of day under this section shall be calculated based on the Internet protocol address 8
200200 being used by the Rhode Island minor account holder at the time of attempting access. 9
201201 (2) A social media company shall provide options for a parent or guardian with access to 10
202202 an account under § 6-61-4 to: 11
203203 (i) Change or eliminate the time-of-day restriction described in subsection (a) of this 12
204204 section; and 13
205205 (ii) Set a limit on the number of hours per day that a Rhode Island minor account holder 14
206206 may use the account. 15
207207 (3) A social media company shall not permit a Rhode Island minor account holder to 16
208208 change or bypass restrictions on access as required by this section. 17
209209 (4) Notwithstanding any provision of this section, a social media company shall permit a 18
210210 parent or guardian with access to an account under § 6-61-4 to access the account without time 19
211211 restrictions. 20
212212 6-61-6. Investigating powers of the department. 21
213213 (a) The department shall receive consumer complaints alleging a violation of this chapter. 22
214214 (b) A person may file a consumer complaint that alleges a violation under this chapter, with 23
215215 the department. 24
216216 (c) The department shall investigate a consumer complaint to determine whether a violation 25
217217 of §§ 6-61-2, 6-61-3, and/or 6-6-4 occurred. 26
218218 6-61-7. Enforcement powers of the department. 27
219219 (a) Except for a private right of action under § 6-61-9, the department has the exclusive 28
220220 authority to administer and enforce the requirements of §§ 6-61-2, 6-61-3, and 6-61-4. 29
221221 (b) The attorney general upon request, shall give legal advice to, and act as counsel for, the 30
222222 department in the exercise of the department responsibilities under this chapter. 31
223223 (c) Subject to the ability to cure an alleged violation under this chapter: 32
224224 (1) The department director may impose an administrative fine of up to two thousand five 33
225225 hundred dollars ($2,500) for each violation of this chapter; and 34
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229229 (2) The department may bring an action in a court of competent jurisdiction to enforce a 1
230230 provision of this chapter. 2
231231 (d) In a court action by the department to enforce a provision of §§ 6-61-2, 6-61-3, or 6-3
232232 61-4, the court may: 4
233233 (1) Declare that the act or practice violates a provision of §§ 6-61-2, 6-61-3, or 6-61-4; 5
234234 (2) Issue an injunction for a violation of §§ 6-61-2, 6-61-3; or 6-61-4; 6
235235 (3) Order disgorgement of any money received in violation of §§ 6-61-2, 6-61-3, or 6-61-7
236236 4; 8
237237 (4) Order payment of disgorged money to an injured purchaser or consumer; 9
238238 (5) Award actual damages to an injured purchaser or consumer; and 10
239239 (6) Award any other relief that the court deems reasonable and necessary. 11
240240 (e) At least thirty (30) days before the day on which the department initiates an enforcement 12
241241 action against a person or entity that is subject to the requirements of this chapter, the department 13
242242 shall provide the person or entity with: 14
243243 (1) Written notice that identifies each alleged violation; and 15
244244 (2) An explanation of the basis for each allegation. 16
245245 (f) The department may not initiate an action if the person or entity: 17
246246 (1) Cures the noticed violation within thirty (30) days after the day on which the person or 18
247247 entity receives the notices; and 19
248248 (2) Provides the department with a written statement that: 20
249249 (i) The person or entity has cured the violation; and 21
250250 (ii) States no further violation shall occur. 22
251251 (g) The department may initiate a civil action against a person or entity who: 23
252252 (1) Fails to cure a violation after receiving the notice described in this section; or 24
253253 (2) After curing a noticed violation and providing a written statement in accordance with 25
254254 the provisions of this chapter, commits another violation of the same provision. 26
255255 (h) If a court of competent jurisdiction grants judgment or injunctive relief to the 27
256256 department the court shall award the department: 28
257257 (1) Reasonable attorney fees; 29
258258 (2) Court costs; and 30
259259 (3) Investigative fees. 31
260260 (i) A person who repeatedly violates an administrative or court order issued for a violation 32
261261 of this chapter, is subject to a civil penalty of no more than five thousand dollars ($5,000) for a 33
262262 second or subsequent violation. 34
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266266 (j) A civil penalty authorized under this section may be imposed in any civil action brought 1
267267 by the department or by the attorney general on behalf of the department. 2
268268 6-61-8. Department report. 3
269269 The department shall compile an annual report: 4
270270 (1) Evaluating the liability and enforcement provisions of this chapter, including: 5
271271 (i) The effectiveness of the department's efforts to enforce this chapter; and 6
272272 (ii) Any recommendations for changes to this chapter; 7
273273 (2) Summarizing the consumer interactions that are protected and not protected by this 8
274274 chapter, including a list of alleged violations the department has received; and 9
275275 (3) An accounting of all administrative fines and civil penalties assessed during the year. 10
276276 6-61-9. Private rights of action. 11
277277 (a) Commencing January l, 2026, an aggrieved person or account holder may bring an 12
278278 action against a person that does not comply with a requirement of § 6-61-2. 13
279279 (b) A suit filed under the authority of this section shall be filed in the superior court for the 14
280280 county in which a person bringing the action resides. 15
281281 (c) If a court finds that a person or entity has violated a provision of §§ 6-61-2, 6-61-3, or 16
282282 6-61-4, the person who brings an action under this section is entitled to: 17
283283 (1) An award of reasonable attorney fees and court costs; and 18
284284 (2) An amount equal to the greater of: 19
285285 (i) Two thousand five hundred dollars ($2,500) per each incident of violation; or 20
286286 (ii) Actual damages for financial, physical, and emotional harm incurred by the person 21
287287 bringing the action, if the court determines that the harm is a direct consequence of the violation or 22
288288 violations. 23
289289 6-61-10. Waiver prohibited. 24
290290 A waiver or limitation, or a purported waiver or limitation, of any of the following is void 25
291291 as unlawful, is against public policy, and a court or arbitrator may not enforce or give effect to the 26
292292 waiver, notwithstanding any contract or choice-of-law provision in a contract of a protection or 27
293293 requirement provided under this chapter. 28
294294 6-61-11. Severability. 29
295295 If any provision of this chapter or the application of any provision to any person or 30
296296 circumstance is held invalid by a final decision of a court of competent jurisdiction, the remainder 31
297297 of this chapter shall be given effect without the invalid provision or application. The provisions of 32
298298 this chapter are severable. 33
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302302 SECTION 2. This act shall take effect on January 1, 2026. 1
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309309 EXPLANATION
310310 BY THE LEGISLATIVE COUNCIL
311311 OF
312312 A N A C T
313313 RELATING TO COMMERCIAL LAW -- GENERAL REGULAT ORY PROVISIONS --
314314 RHODE ISLAND SOCIAL MEDIA REGULATION ACT
315315 ***
316316 This act would create the Rhode Island Social Media Regulation act, which would not 1
317317 permit a Rhode Island resident who is a minor to be an account holder on a social media's platform 2
318318 unless the minor has the express consent of a parent or guardian. 3
319319 This act would take effect on January 1, 2026. 4
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