Large social media platforms need parental consent for children starting 2027

Covered platforms must obtain verified parental consent for children’s accounts and apply privacy, advertising, and feature restrictions. These rules cover South Carolina residents under 16 while platforms know or reasonably should know they are in the state. A platform and its related companies must collectively have earned at least $1 billion in worldwide advertising revenue in at least one of the preceding three years. Parents must approve changes to account terms or privacy settings. Platforms must offer parents the option to require a dashboard that tracks use and sets time limits. Platforms must block features such as endless scrolling, automatic videos, and reaction counts. They must also block feeds and paid ads selected using personal information. Consent information may be used only to obtain consent and must be deleted immediately after the attempt, except where other laws require keeping it. Accounts held continuously for at least seven years as of January 1, 2027, are exempt. The exemption applies to accounts held continuously for at least seven years on January 1, 2027.

Covered platforms must estimate users’ ages using information they already collect during normal operations. The rules cover South Carolina account holders on covered platforms while they are in the state. Private messaging services and sites with mostly non-user-created content are excluded. Platforms may treat users as 16 or older only with 80% confidence at the first check and 90% at the second. Otherwise, they must treat them as children. The estimates must use information collected during normal operations. This requirement does not require collecting extra information. Account applicants must provide their birth dates. Platforms cannot supply a default birth date. Checks are due within 14 days of each threshold. Further checks occur after every additional 100 hours or whenever the platform updates other demographic estimates, whichever comes sooner.

Covered platforms must close children’s accounts when requested or when required parental consent is missing. These rules cover South Carolina children under 16 on covered platforms, except accounts held continuously for at least seven years as of January 1, 2027. Before closing an account for missing consent, platforms must notify the user within seven days of the decision. Users get 30 days from that notice to verify their age or provide parental consent. Platforms must decide an age dispute within 30 days after verification is completed. If closure remains required, they must close the account within seven days. Platforms must verify that a parent requesting closure is the account holder’s parent and provide a clear, easy-to-find way to request closure. Requested-closure deadlines run from receipt of the child’s or parent’s request.

Children and parents can sue for violations, and the South Carolina Attorney General can investigate and enforce the law. These protections cover children and parents dealing with covered platforms. Platforms need not take action under this law for accounts held continuously for at least seven years as of January 1, 2027. Claims may involve negligent, reckless, or knowing violations. Platforms may avoid liability if they used reasonable means and efforts to comply, considering available technology and their data. For reckless or knowing violations, successful claimants receive $10,000 or proven damages, whichever is greater. A consistent pattern may also support damages meant to punish the platform. Contracts for children’s accounts are unenforceable without parental consent sufficient to make a binding contract. Children and parents cannot sign away the law’s protections or remedies. Damages lawsuits must be filed within three years of when the person suing knew or reasonably should have known of the violation. That clock pauses while that person is a minor.