View Amendment Current Amendment: 3 to Bill 3431

Rep. BAMBERG proposes the following amendment (LC-3431.SA0007H):

Amend the bill, as and if amended, SECTION 1, by striking the first undesignated paragraph and inserting:

South Carolina Social Media RegulationAge-Appropriate Platforms for Minors

Amend the bill further, SECTION 1, by deleting Section 39-5-900(2) from the bill.

Amend the bill further, SECTION 1, by deleting Section 39-5-900(5) and (5) from the bill.

Amend the bill further, SECTION 1, by deleting Section 39-5-900(8), (9), (10), and (11) from the bill.

Amend the bill further, SECTION 1, by striking Section 39-5-910(A) and inserting:

 (A)(1) Beginning March 1, 2026, a social media company shall develop at least one platform specifically designed for minors that only contains content that is curated to be age appropriate. These platforms must include all safety and privacy safeguards that are required by this article. A minor must have expressed consent from a parent or guardian as provided for in subsection (B) in order to access these platforms.
Beginning March 1, 2026, a (2) A social media company shall make commercially reasonable efforts to verify the age of South Carolina account holders who are minors or are the parents or guardians of a minor with permission to use the social media platform with a level of certainty appropriate to the risks that arise from the information management practices of the social media company or apply the accommodations afforded to minors pursuant to this chapter article to all account holders.

Amend the bill further, SECTION 1, by striking Section 39-5-910(C) and inserting:

 (C) Notwithstanding any other provision of this chapter, a social media company may not permit a South Carolina resident who is a minor to hold or open an account on a an age appropriate social media platform if the minor is ineligible to hold or open an account pursuant to any other provision of state or federal law.

Amend the bill further, SECTION 1, by striking Section 39-5-920(1) and inserting:

  (1) prohibit adults from direct messaging a South Carolina minor account holder unless the minor is already connected to the adult on the service on an age-appropriate social media platform;

Amend the bill further, SECTION 1, by deleting Section 39-5-920(4) and (5) from the bill.

Amend the bill further, SECTION 1, by striking Sections 39-5-930 and 39-5-935 and inserting:

 Section 39-5-930. Beginning March 1, 2026, aA social media company shall provide a parent or guardian who has given parental consent for a South Carolina minor account holder as provided in this chapter article with a means for the minor account holder or the parent or guardian to initiate account supervision. Such supervision must include the ability for the parent to view privacy settings of the minor's account, view the list of other users with whom the minor shares a social or virtual connection within the system, set daily time limits for the service, schedule breaks, and offer the minor the option to set up parental notifications when the minor reports a person or issue.

 Section 39-5-935. (A) Beginning March 1, 2026, for a South Carolina minor account holder, a social media company shall make commercially reasonable efforts to detect and ensure that a minor account holder cannot bypass the applicable age requirement and parental consent or supervision provisions of this chapter through technological means including, but not limited to, the use of virtual private networks (VPNs), proxy servers, or other similar technologies designed to obscure an account holder's identity or location.
 (B) Nothing in this section requires a social media company to take any action that would violate existing federal or state privacy laws or violate other provisions of this chapter's policies on minors' data collection.

Amend the bill further, SECTION 1, by striking Section 39-5-940(A) and inserting:

 (A) The Office of Attorney General may receive complaints alleging a violation of this chapterarticle.

Amend the bill further, SECTION 1, by striking Section 39-5-950 and inserting:

 Section 39-5-950. Except for a private right of action pursuant to Section 39-5-970, the Office of Attorney General has the exclusive authority to administer and enforce the requirements of this chapterarticle.

Amend the bill further, SECTION 1, by striking Section 39-5-970(A) and inserting:

 (A) Beginning March 1, 2026, a person may bring an action against a person that does not comply with a requirement of this chapterarticle.

Amend the bill further, by deleting SECTION 2.

Renumber sections to conform.

Amend title to conform.