Shown verbatim: the complete text as captured from the official page posted by the Mississippi Legislature, fetched 2026-08-29. This is the enrolled version. The official bill page.
MISSISSIPPI LEGISLATURE 2026 Regular Session To: Judiciary A By: Representative House Bill 1224 (As Sent to Governor) AN ACT TO REQUIRE THE MISSISSIPPI DEPARTMENT OF EDUCATION TO PREPARE AND PUBLISH ON ITS WEBSITE INTERNET SAFETY RESOURCES; TO REQUIRE THE MISSISSIPPI DEPARTMENT OF EDUCATION TO CREATE A CURRICULUM FOR SOCIAL MEDIA SAFETY; TO CREATE THE "MISSISSIPPI KEEPING KIDS SAFE ONLINE ACT"; TO REGULATE INTERACTIVE COMPUTER SERVICE PROVIDERS FROM OFFERING CERTAIN SERVICES TO MINORS; TO REGULATE CERTAIN PUBLIC PERFORMANCES IN COMMERCIAL ENTERPRISES; AND FOR RELATED PURPOSES. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: SECTION 1. (1) For the purposes of this section, the following words have the meaning herein ascribed unless the context clearly requires otherwise: (a) "Internet" means the combination of computer facilities and electromagnetic transmission media, and related equipment and software, comprising the interconnected worldwide network of computer networks that employ the Transmission Control Protocol/Internet Protocol or any successor protocol to transmit information. (b) "Department" means Department of Education. (c) "Publication" means the Internet safety resource publication required under this section. (2) (a) The department shall prepare and publish on its website an Internet safety resource publication as a simple, easy-to-use, general informational source for students, families, and caregivers. The publication shall be a public resource guide that provides information regarding best practices for Internet safety and the safe and secure use of digital technologies for children, teens, and their families. The publication may also serve as a resource for educators, counselors, administrators, and other state officials as well as members of the general public. (b) The department may work with the Department of Information Technology Services (ITS) and other relevant agencies to prepare instructional materials, digital applications, guides, and other useful publications based on the Internet safety resource publication and related information. (c) The department shall periodically update the publication and any related information materials or digital applications to reflect changes in technology use, emergent technologies, and new threats to children, teens and their families. (d) Any governmental entity in the state may publish the publication on its website. The department, in conjunction with the Department of Information and Technology Services (ITS), on an as-needed basis, shall make the publication and any updates to the publication available to any governmental entity that requests the publication. (3) (a) The publication shall include, but need not be limited to: (i) Common Internet safety protocols and technologies to protect an individual's identity, personal data, and online safety, common time management and healthy behaviors on Internet applications and social media; (ii) Potential risks of social media, including effects on mental health; (iii) The permanency of sharing materials online; how to maintain personal security and identify cyberbullying, predatory behavior and human trafficking on the Internet; and (iv) How to report suspicious behavior encountered on the Internet to appropriate authorities. (b) The publication shall include how to safely use common Internet applications and technologies, including, but not limited to, maintaining personal security, preventing oversharing of personal information, identifying predatory behavior and reporting suspicious behavior. (c) The publication shall include video and/or written instruction to guide parents in setting-up and managing application installation and time-of-use on minors' devices that are linked to the parents' account. (d) The publication shall include the benefits of the Internet and digital devices and applications. Such information may include career and resume building for future academic or employment opportunities, sharing information with familiar family and friends and safely connecting with other users with like interests. (e) Nothing in this statute should be interpreted as the creation of a new mandate or requirement for public school district instruction. (f) The department shall adopt rules and regulations to effectuate the purposes of this section. SECTION 2. (1) For the purposes of this section, the following words have the meaning herein ascribed unless the context clearly requires otherwise: (a) "Internet" means the combination of computer facilities and electromagnetic transmission media, and related equipment and software, comprising the interconnected worldwide network of computer networks that employ the Transmission Control Protocol/Internet Protocol or any successor protocol to transmit information. (b) "Social media" means a form of interactive electronic communication through an Internet website or application by which a user creates a service-specific identifying user profile to connect with other users of the Internet website or application for the purpose of communicating and sharing information, ideas, news, stories, opinions, images, videos and other content. (c) "Department" means the Department of Education. (d) "School district" means a political subdivision of this state with geographic boundaries organized for the purpose of the administration, support and maintenance of public schools. (2) (a) The department shall prepare and offer a curriculum, including instructional materials, for the instruction of social media safety for students in Grades 6 through 12. Such instructional materials must be published on the department's and each school district's websites. Each school district must notify parents or guardians that such instructional materials are available on the department's and each school district's websites. (b) The department shall periodically update its curriculum to reflect changes in social media use, emergent technologies and new threats to teens using social media platforms. (3) (a) The social media instruction must include, but need not be limited to: (i) Time management and healthy behaviors on social media; (ii) The negative effects of social media on mental health, including addiction; (iii) The distribution of information on social media; (iv) How social media manipulates behavior; (v) The permanency of sharing materials online; (vi) How to maintain personal security and identify cyberbullying, predatory behavior and human trafficking on the Internet; and (vii) How to report suspicious behavior encountered on the Internet to appropriate authorities. (b) The social media safety instruction must include how to safely use social media, including, but not limited to, maintaining personal security, preventing oversharing of personal information, identifying predatory behavior and reporting suspicious behavior. (c) The social media safety instruction may include the benefits of social media use. Such instruction may only include career and resume building for future academic or employment opportunities, sharing information with familiar family and friends and safely connecting with other users with like interests. (d) Parents or guardians shall be given the ability to opt their child out of the instruction required under this section. (4) (a) The department and each school district shall prohibit student access to social media platforms through the use of Internet access provided by the school district, except when expressly directed by a teacher solely for educational purposes. (b) The department and each school district shall provide and adopt an Internet safety policy for student access to the Internet provided by the school district which: (i) Limits access by students to only age-appropriate subject matter and materials on the Internet and prohibits access to material harmful to minors; (ii) Protects the safety and security of students when using email, chat rooms and other forms of direct electronic communications; (iii) Prohibits access by students to certain data or information, including so-called "hacking" and other unlawful online activities by students; and (iv) Prevents access to websites, web applications or software that does not protect against the disclosure, use or dissemination of students' personal information. (5) The department shall adopt rules and regulations to effectuate the purposes of this section. SECTION 3. The following shall be codified as Section 11-79-1, Mississippi Code of 1972: 11-79-1. Sections 3 through 6 of this act shall be known and may be cited as the "Mississippi Keeping Kids Safe Online Act". SECTION 4. The following shall be codified as Section 11-79-3, Mississippi Code of 1972: 11-79-3. Definitions. As used in this chapter, the following terms have the meanings as defined in this section, unless the context clearly indicates otherwise: (a) "Broadband provider" means a provider of a mass-market retail service by wire or radio that provides the capability to transmit data to and receive data from all or substantially all Internet endpoints, including any capabilities that are incidental to and enable the operation of the communications service. This term also encompasses any service that is a functional equivalent of the service described in the previous sentence or that is used to evade the protections set forth in this act. (b) "Cloud service provider" means a provider of an Internet service for enabling ubiquitous, convenient, on-demand network access to a shared pool of configurable computing resources, such as networks, servers, storage, applications, and services that can be rapidly provisioned and released with minimal management effort or service provider interaction. (c) "E-commerce platform" means any web-based or smartphone application-based platform that includes features primarily designed for arranging the sale, purchase, payment, or shipping of physical goods, or that enables sellers not directly affiliated with an operator of a web-based platform or smartphone application-based platform to sell physical goods through the web to consumers located in the United States. (d) "Electronic mail service" means a service for the sending or receiving of electronic mail messages. (e) "Electronic mail message" means a message sent or delivered to a unique destination, commonly expressed as a string of characters, consisting of a unique user name or mailbox (commonly referred to as the "local part") and a reference to an Internet domain (commonly referred to as the "domain part"), whether or not displayed. (f) "Covered interactive computer service" means any information service, system, or access software provider that (1) provides or enables computer access by multiple users to a computer server, including specifically a service or system that provides access to the Internet and such systems operated or services offered by libraries or educational institutions; (2) is used or reasonably likely to be used by minors; and (3) that has any feature or component that will encourage or increase the frequency, time spent, or activity of minors on the covered interactive computer service, including, without limitation, any of the following features: (i) Infinite scrolling or auto play; (ii) Rewards or incentives based on the frequency, time spent, or activity of minors on the covered platform; (iii) Notifications and push alerts; (iv) Badges or other visual award symbols based on the frequency, time spent, or activity of minors on the covered platform; (v) Personalized design features; (vi) In-game purchases; or (vii) Appearance altering filters. (g) "Material harmful to minors" means all of the following: (i) Any material that the average person, applying contemporary community standards, would find, taking the material as a whole and with respect to minors, is designed to appeal to, or is designed to pander to, the prurient interest; (ii) Any of the following material that exploits, is devoted to, or principally consists of descriptions of actual, simulated or animated display or depiction of any of the following, in a manner patently offensive with respect to minors: 1. Pubic hair, anus, vulva, genitals or nipple of the female breast; 2. Touching, caressing or fondling of nipples, breasts, buttocks, anuses or genitals; or 3. Sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation, excretory functions, exhibitions or any other sexual act; and (iii) The material taken as a whole lacks serious literary, artistic, political or scientific value for minors. (h) "Minor" means any person who is under the age of eighteen (18) years. (i) "News-gathering organization" means any of the following: (i) An employee of a newspaper, news publication or news source, printed or on an online or mobile platform, of current news and public interest, while operating as an employee as provided in this subparagraph (i), who can provide documentation of such employment with the newspaper, news publication or news source; or (ii) An employee of a radio broadcast station, television broadcast station, cable television operator or wire service while operating as an employee as provided in this subparagraph (ii), who can provide documentation of such employment. (j) "Telephone service" means any service for making or receiving voice calls using an Internet connection. (k) "Text message" (i) Means a message consisting of text, images, sounds, or other information that is transmitted to or from a device that is identified as the receiving or transmitting device by means of a 10-digit telephone number or N11 service code; (ii) Includes a short message service (commonly referred to as "SMS") message and a multimedia message service (commonly referred to as "MMS") message; and (iii) Does not include: 1. A real-time, two-way voice or video communication; or 2. A message sent over an IP-enabled messaging service to another user of the same messaging service, except a message described in clause (ii). (l) "Text message service" means a service for the sending or receiving of text messages. (m) "Video streaming service" means any commercial service that predominantly makes video programming available directly to consumers, in exchange for a subscription fee or other payment, through a distribution method that uses the Internet protocol, but does not include any service that is offered through a website subject to the requirements of section 11-77-1 et seq. SECTION 5. The following shall be codified as Section 11-79-5, Mississippi Code of 1972: 11-79-5. Prohibitions. (1) Except as provided in subsection (3) of this section, a covered interactive computer service provider shall not, in connection with offering covered interactive computer services to a minor, or to a minor's parent or legal guardian for use by the minor, knowingly make any false or misleading oral or written statement, visual description or other representation regarding the covered interactive computer service that may, tends to, or does deceive or mislead any person, including, without limitation: (a) Falsely representing that the covered interactive computer service is not addictive to minor users when, in fact, it contains design features that make it addictive to minor users; (b) Falsely representing that the covered interactive computer service is safe for minor users when, in fact, evidence based data establishes it is harmful for minor users; (c) Failing to disclose to minor users or their parents or legal guardians the harmful effects to minors of using the covered interactive computer service, including any failure to disclose the frequency, scope, and severity of such harms; (d) Falsely representing the adequacy and efficacy of the covered interactive computer service's efforts to prevent harms to minor users. (e) Failing to warn minor users or their parents or legal guardians of the harmful effects to minors of using the covered interactive computer service, including any failure to warn of the frequency, scope, and severity of such harms; (2) A covered interactive computer service that contains design features that make it addictive to a minor, or that are offered to a minor or a minor's parent or legal guardian on behalf of a minor in violation of the requirements of this section, are considered defective products for purposes of Mississippi law. (3) Exemptions. (a) The provisions of this section shall not apply to any bona fide news or public interest broadcast or report and shall not be construed to affect the rights of any news-gathering organization. (b) A search engine or cloud service provider shall not be held to have violated the provisions of this section solely for providing access or connection to a covered interactive computer service not under the search engine or cloud service provider's control. (c) The provisions of this section shall not apply to a covered interactive computer service that is a broadband provider, an electronic mail service, a text message service, a telephone service, an e-commerce platform, or a video streaming service. (d) The provisions of this section shall not apply to any use or attempted use of a covered interactive computer service by a minor while the minor is physically located outside the State of Mississippi at the time of the use or attempted use. SECTION 6. The following shall be codified as Section 11-79-7, Mississippi Code of 1972: 11-79-7. Remedies. (1) If a covered interactive computer service provider knowingly and willfully violates Section 11-79-5 and the Attorney General finds that bringing an action against the covered interactive computer service provider is in the public interest, the Attorney General may bring an action in a Hinds County circuit court or a circuit court in any county in which the minor accessed the covered interactive computer service in question in the course of conduct that constitutes the violation to enjoin the violation, recover a civil penalty, and obtain such declaratory and other relief as the court considers appropriate. (2) A civil penalty imposed under this section for a violation of Section 11-79-5 may be in an amount equal to Ten Thousand Dollars ($10,000.00) per instance for each violation of Section 11-79-3. (3) The amount of a civil penalty imposed under this section shall be based on the following factors: (a) The seriousness of the violation, including the nature, circumstances, extent and gravity of the violation; (b) The history of previous violations; (c) The amount necessary to deter a future violation; (d) The economic effect of a penalty on the entity on whom the penalty will be imposed; (e) The entity's knowledge that the act constituted a violation of Section 11-79-5; and (f) Any other matter that justice may require. (4) The Attorney General may recover reasonable and necessary attorney's fees, costs and reasonable expenses of litigation incurred in an action under this section, including, but not limited to, expert witness fees and court reporter's fees. (5) One-half (1/2) of any penalty recovered under this section shall be payable to the Office of Consumer Protection to be deposited into the Attorney General's special fund. All monies collected under this section and deposited into the Attorney General's special fund shall be used by the Attorney General for consumer fraud education and investigative and enforcement operations of the Office of Consumer Protection. The other one-half (1/2) of the monies collected under this section shall be payable to the Department of Education to fund Sections 1 and 2 of this act. (6) If a covered interactive computer service provider knowingly and willfully violates Section 11-79-5, and such violation or violations proximately causes a minor's repeated exposure to material harmful to minors, as that term is defined in Section 11-79-3(g), then the minor's parent or legal guardian may bring an action on behalf of the minor against the covered interactive computer service provider in the Circuit Court of any county in which the violation or any part of it, including any incidence of such exposure, occurred. In such action, the minor's parent or legal guardian may recover on behalf of the minor: actual damages (both economic and non-economic), reasonable and necessary attorney's fees, costs and reasonable expenses of litigation incurred in the action, including, but limited to, expert witness fees. If the covered interactive computer service provider acted with reckless disregard, then punitive damages may also be awarded in the action. SECTION 7. This act shall take effect and be in force from and after July 1, 2026.
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