TITLE 48

MONOPOLIES AND TRADE PRACTICES

CHAPTER 21

STOP HARMS FROM ADDICTIVE SOCIAL MEDIA ACT

48-2102.  definitions. As used in this chapter:

(1)  "Account holder" means a resident of Idaho who has an account or a profile with a covered social media platform, which is associated by the covered social media platform with a unique identifier, during any period in which a covered social media platform knows or should reasonably know that the resident is physically located in Idaho.

(2)  "Addictive interface features" means any of the following:

(a)  Infinite scrolling, which means either:

(i)   Continuously loading content, which is content that loads as the account holder scrolls down the page without the need to open a separate page; or

(ii)  Seamless content, which is content that uses pages with no visible or apparent end or page breaks;

(b)  Display of a profile-based feed;

(c)  Push notifications, whether audible, visual, or tactile, designed to call the attention of the account holder to newly posted content or to responses to content posted by the account holder or designed to inform the account holder about other specific activities or events related to the account holder’s account; however, this does not include notifications for the purposes of alerting the account holder to incoming calls, text messages, email messages, or similar messages sent by human contacts and delivered by means of any application;

(d)  Auto-play video, which is video that begins to play without the account holder first clicking on the video or on a play button for that video;

(e)  Display of personal metrics that indicate the number of times other users have clicked a button or taken other action to indicate their reaction to content posted by the account holder or that they have shared or reposted content posted by the account holder; or

(f)  Display of awards, badges, tiers, or any other form of recognition of the account holder based on hours spent by the account holder on the social media platform, number of followers, number of postings, frequency or regularity of postings, or any other metric of usage or performance on the social media platform.

(3)  "Child" means a resident of Idaho who is sixteen (16) years of age or younger.

(4)  "Covered social media platform" means a social media platform, including any parent, subsidiary, or affiliate of the social media platform, that has collectively generated at least one billion dollars ($1,000,000,000) in advertising revenues worldwide in one (1) or more of the preceding three (3) years.

(5)  "First trigger date" means, with respect to each account holder and each covered social media platform, the first date when the account holder has used the covered social media platform for twenty-five (25) cumulative hours within a six (6) month period, following the effective date of this chapter.

(6)  "Minor" means a resident of Idaho who is under the age of majority but does not include emancipated minors.

(7)  "Notice to a parent" shall have the same meaning as established in 15 U.S.C. 6501 and implementing regulations pursuant to 16 CFR 312.4.

(8)  "Paid commercial advertising" means advertising for which the social media platform receives compensation of any sort in return for displaying and that seeks to encourage the account holder to purchase a product or service or otherwise engage in a commercial transaction or to follow a link to a website that encourages the account holder to engage in a commercial transaction.

(9)  "Parent" includes any legal guardian of a minor.

(10)(a)  "Personal information" means information about an account holder collected online that comprises personal information pursuant to 15 U.S.C. 6501(8) and additionally includes:

(i)   Any record of or information derived from online activity or history, search history, or online communications of an account holder with respect to any application, website, or social media platform;

(ii)  Any photograph or biometric information that is used or could reasonably be used to identify the account holder, including but not limited to fingerprints, voiceprints, iris or retina imagery scans, facial templates, and gait imagery or metrics; and

(iii) Any geolocation information associated with an account holder or with a device of an account holder.

(b)  "Personal information," for the purposes of this chapter, does not include:

(i)   An express search term, request, or selection submitted by the account holder during the current session on the covered social media platform;

(ii)  An identifier used solely for the purpose of directing personal communications to or from the account holder; or

(iii) Information that comprises account holder-selected or parent-selected settings relating to privacy, accessibility, or blocking of age-inappropriate content or relating to technical information concerning the account holder’s device.

(11)(a)  "Profile-based feed" means a feed in which the material presented has been selected or prioritized by the social media platform for display to an account holder based in whole or in part on personal information of the account holder.

(b)  Content created by a third party that is displayed to the account holder because the account holder has taken an affirmative step to select the third party’s content for inclusion in the feed displayed to the account holder, such as by "following," "friending," or engaging in a similar action in relation to the third party, and not otherwise selected or prioritized for display to the account holder based on personal information shall not render such feed a profile-based feed.

(c)  Content excluded by a covered social media platform from the feed of an account holder based on information about or any estimate of the age of an account holder, solely for the purpose of excluding content that is obscene to children sixteen (16) years of age or younger or that by policy of the covered social media platform is not suitable for presentation to children of that age, shall not render such feed a profile-based feed.

(12) "Profile-based paid commercial advertising" means paid commercial advertising that has been selected or prioritized for display to an account holder based in whole or in part on personal information of the account holder. Advertising selected for display to an account holder shall not be considered profile-based paid commercial advertising if the selection process considers information about or an estimate of the age of the account holder solely for the purpose of excluding advertisements that by law or policy of the covered social media platform are not suitable for presentation to children of that age.

(13) "Second trigger date" means, with respect to each account holder and each covered social media platform, the first date when the account holder has used the covered social media platform for fifty (50) cumulative hours within a six (6) month period, following the effective date of this chapter.

(14)(a)  "Social media platform" means an internet website or application that:

(i)   Is open to the public;

(ii)  Allows a user to create an account;

(iii) Primarily functions to facilitate the viewing, sharing, or generation of content by users; and

(iv)  Utilizes addictive features, personal information to inform targeted advertising, or profile-based feeds.

(b)  "Social media platform" does not include:

(i)   A broadband internet access service as defined by the federal communications commission; or

(ii)  An online service, website, or application where the exclusive function is to facilitate private communications, including email, video conferencing, and direct messaging.

(15) "Verifiable parental consent" shall have the same meaning as established pursuant to 15 U.S.C. 6501(9) and the implementing regulations pursuant to 16 CFR 312.5, with the added requirement that the covered social media platform has retained documentation sufficient to reasonably establish that it has obtained verifiable parental consent within the meanings of those provisions.

History:

[48-2102, added 2026, ch. 268, sec. 1, p. 1128.]