TITLE 48

MONOPOLIES AND TRADE PRACTICES

CHAPTER 21

STOP HARMS FROM ADDICTIVE SOCIAL MEDIA ACT

48-2103.  age estimation and identification of children. 

(1)(a)  Within fourteen (14) days of the first trigger date, a covered social media platform shall use reasonable means and reasonable efforts, taking into consideration available technology and the data in the possession of the covered social media platform, to estimate the age of the account holder for purposes of this chapter. If the covered social media platform is able to conclude with eighty percent (80%) confidence or higher that the account holder is older than sixteen (16) years of age, the covered social media platform may treat the account holder to be other than a child for the purposes of this chapter. Otherwise, the covered social media platform shall treat the account holder as a child for the purposes of this chapter.

(b)  Within fourteen (14) days of the second trigger date, a covered social media platform shall use reasonable means and reasonable efforts, taking into consideration available technology and the data in the possession of the covered social media platform, to revise its estimate of the age of the account holder for the purposes of this chapter. If the covered social media platform is able to conclude with ninety percent (90%) confidence or higher that the account holder is older than sixteen (16) years of age, the covered social media platform may treat the account holder to be other than a child for the purposes of this chapter. Otherwise, the covered social media platform shall treat the account holder as a child for the purposes of this chapter.

(c)  After the second trigger date, a covered social media platform shall update its estimate of the age of each account holder after every additional one hundred (100) hours spent by the account holder on the platform, or as often as the covered social media platform applies any form of data analytics or artificial intelligence to update its estimate of any other demographic characteristic of the account holder for any reason, whichever period is shorter.

(2)  A covered social media platform shall have no obligation under this chapter to estimate the age of an account holder, or to take any other action with respect to such an account, when the account holder has had an account with the covered social media platform continuously for at least seven (7) years.

(3)  Nothing in this section shall be construed to create any duty on the part of a covered social media platform to request, collect, or retain any information from or about any account holder. The age estimate required by this section shall be derived based on information collected and retained by the covered social media platform in the ordinary course of operation of the social media platform.

History:

[48-2103, added 2026, ch. 268, sec. 1, p. 1130.]