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Oklahoma Legislature· HB 1275Placed on General Order

An act relating to social media, the official text

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1                            STATE OF OKLAHOMA

2   1st Session of the 60th Legislature (2025)

3 HOUSE BILL 1275            By: Caldwell (Chad)

4

5

6                            AS INTRODUCED

7   An Act relating to social media; providing

    legislative intent; defining terms; prohibiting

8   minors under sixteen years of age from being an

    account holder on certain social media platforms;

9   prohibiting minors older than sixteen years of age

    from being an account holder on certain social media

10  platforms without express consent of parent or legal

    guardian; requiring verification of account holder's

11  age; permitting the use of third-party vendors to

    verify age; prohibiting social media platforms

12  accessed by minors from engaging in certain

    activities; stating that violations may be reported

13  to the Office of the Attorney General; permitting the

    Office of the Attorney General to send notice;

14  clarifying social media platforms shall have a period

    to cure violations; clarifying when a social media

15  company is liable for failure to comply; permitting

    the Attorney General to initiate an enforcement

16  action; providing exemptions; limiting liability;

    prohibiting commercial entities or third-party

17  vendors from retaining certain information;

    establishing liability for failure to comply;

18  providing for codification; providing an effective

    date; and declaring an emergency.

19

20

21 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:

22  SECTION 1.      NEW LAW  A new section of law not to be

23 codified in the Oklahoma Statutes reads as follows:

24

    Req. No. 10156                                           Page 1
1   In recognition of the critical role social media plays in the

2 lives of minors and its impact on their mental well-being, this

3 Legislature is committed to safeguarding the youth from accessing

4 platforms that have demonstrated adverse effects on their mental

5 health due to the addictive elements found in social media and the

6 targeting of minors through the use of algorithms by social media

7 platforms. This Legislature's intent is not to censor content found

8 on social media platforms, but rather to prevent access by persons

9 who have not yet reached an age to handle the negative aspects of

10 social media. Much like our historical commitment to curbing the

11 use of addictive substances and behaviors among minors, such as laws

12 regulating the use of intoxicants and gambling, this Legislature now

13 takes proactive measures to address the emerging challenges posed by

14 social media platforms.

15  SECTION 2.      NEW LAW  A new section of law to be codified

16 in the Oklahoma Statutes as Section 120 of Title 25, unless there is

17 created a duplication in numbering, reads as follows:

18  A. Nothing in this act shall be construed to limit the content

19 found on social media platforms or prohibit minors from posting

20 content on other platforms, digital or otherwise, that they legally

21 have access to.

22  B. As used in this act:

23  1. "Account holder" means an individual who creates an account

24 or a profile to use a social media platform;

    Req. No. 10156                                                  Page 2
1   2. "Commercial entity":

2   a. means a corporation, limited liability company,

3                 partnership, limited partnership, sole proprietorship,

4                 or other legally recognized entity, and

5   b. includes a third-party vendor;

6   3. "Dark pattern" means a user interface designed or

7 manipulated with the substantial effect of subverting or impairing

8 user autonomy, decision making, or choice and includes, but is not

9 limited to, any practice the Federal Trade Commission refers to as a

10 dark pattern;

11  4. "Digitized identification card" means a data file available

12 on a mobile device that has connectivity to the Internet through a

13 state-approved application that allows the mobile device to download

14 the data file from the Oklahoma Department of Public Safety that

15 contains all of the data elements visible on the face and back of a

16 driver license or identification card and displays the current

17 status of the driver license or identification card, including

18 valid, expired, canceled, suspended, revoked, active, or inactive;

19  5. "Fake identification" means identification which has been

20 fabricated or altered to misrepresent the age of the person using it

21 for age verification that cannot be detected through reasonable

22 efforts, taking into account available technology;

23  6. "Minor" means an individual under eighteen years of age;

24

    Req. No. 10156                                                  Page 3
1   7. "Oklahoma user" means an individual who is a resident of the

2 State of Oklahoma and who accesses or attempts to access a social

3 media platform while present in this state and whose location out of

4 this state is not assumed based only on the registered location of

5 the internet protocol address associated with the user;

6   8. "Personal information" means information that is linked or

7 reasonably linkable to an identified or identifiable minor,

8 including biometric information and unique identifiers to the minor;

9   9. "Reasonable age verification" means to confirm that a person

10 seeking to access a social media platform is at least eighteen years

11 of age;

12  10. a. "Social media company" means an online forum, website,

13          or application that a company makes available for an

14          account holder to:

15          (1) create a public profile, establish an account, or

16                  register as a user for the primary purpose of

17                  interacting socially with other profiles and

18                  accounts,

19          (2) upload or create posts or content, which may

20                  include, but is not limited to, user-generated

21                  short video clips of dancing, voiceovers, or

22                  other acts of entertainment in which the primary

23                  purpose is not educational or informative,

24

    Req. No. 10156                                                Page 4
1   (3) view posts, activity, or content of other account

2                   holders, and

3   (4) interact with other account holders or users

4                   including, without limitation, establishing

5                   mutual connections through request and

6                   acceptance,

7   b. social media company does not include a/an:

8   (1) media company that exclusively offers

9                   subscription content in which users follow or

10                  subscribe unilaterally and whose platform's

11                  primary purpose is not social interaction,

12  (2) media company that exclusively offers interactive

13                  gaming, virtual gaming, or an online service that

14                  allows the creation and uploading of content for

15                  the purpose of interactive gaming, entertainment,

16                  or associated entertainment, and the

17                  communication related to that content,

18  (3) online service, website, or application where the

19                  exclusive function is email or direct messaging

20                  consisting of text, photographs, pictures,

21                  images, or videos shared only between the sender

22                  and the recipients, without displaying or posting

23                  publicly or to other users not specifically

24                  identified as the recipients by the sender, and

    Req. No. 10156                                               Page 5
1   (4) company that:

2                   (a) offers cloud storage services, enterprise

3                   cybersecurity services, educational devices,

4                   or enterprise collaboration tools for

5                   kindergarten through grade twelve (K-12)

6                   schools, and

7                   (b) derives less than twenty-five percent (25%)

8                   of the company's revenue from operating a

9                   social media platform, including games and

10                  advertising, or

11  (5) company that provides career development

12                  opportunities, including professional networking,

13                  job skills, learning certifications, and job

14                  posting and application services;

15  11. a. "Social media platform" means a public or semipublic

16  Internet-based service or application:

17  (1) that has users in Oklahoma,

18  (2) that employs algorithms that analyze user data or

19                  information on users to select content for users,

20  (3) that features infinite scrolling, which means

21                  either:

22                  (a) continuously loading content or content

23                  that loads as the user scrolls down the

24

    Req. No. 10156                                                Page 6
1                   page without the need to open a separate

2                   page, or

3                   (b) seamless content, or the use of pages with

4                   no visible or apparent end or page breaks,

5                   and

6   (4) which a substantial function of the service or

7                   application is to connect users in order to allow

8                   users to interact socially with each other within

9                   the service or application,

10  b. a service or application that provides email or direct

11  messaging shall not be considered to meet the criteria

12  under division (4) of subparagraph a of this paragraph

13  on the basis of that function alone,

14  c. social media platform does not include an online

15  service, a website, or an application if the

16  predominant or exclusive function is:

17  (1) email,

18  (2) direct messaging consisting of messages, photos,

19                  or videos that are sent between devices by

20                  electronic means if messages are:

21                  (a) shared between the sender and the recipient

22                  or recipients,

23                  (b) only visible to the sender and the recipient

24                  or recipients, and

    Req. No. 10156                                              Page 7
1                   (c) not posted publicly,

2   (3) a streaming service that:

3                   (a) provides only licensed media in a continuous

4                   flow from the service, website, or

5                   application to the end user, and

6                   (b) does not obtain a license to the media from

7                   a user or account holder by agreement of the

8                   streaming service's terms of service,

9   (4) news, sports, entertainment, or other content

10                  that is preselected by the provider and not user-

11                  generated including, without limitation, if any

12                  chat, comment, or interactive functionality that

13                  is provided is incidental to, directly related

14                  to, or dependent upon provision of the content,

15  (5) online shopping or e-commerce, if the interaction

16                  with other users or account holders is generally

17                  limited to:

18                  (a) the ability to post and comment on reviews,

19                  (b) the ability to display lists or collections

20                  of goods for sale or wish lists, and

21                  (c) other functions that are focused on online

22                  shopping or e-commerce rather than

23                  interaction between users or account

24                  holders,

    Req. No. 10156                                         Page 8
1   (6) business-to-business software that is not

2                   accessible to the general public,

3   (7) cloud storage,

4   (8) shared document collaboration,

5   (9) providing access to or interacting with data

6                   visualization platforms, libraries, or hubs,

7   (10) to permit comments on a digital news website, if

8                   the news content is posted only by the provider

9                   of the digital news website,

10  (11) providing or obtaining technical support for the

11                  social media company's social media platform,

12                  products, or services,

13  (12) academic or scholarly research,

14  (13) other research:

15                  (a) if:

16                  (i) the majority of the content is posted

17                           or created by the provider of the

18                           online service, website, or

19                           application, and

20                  (ii) the ability to chat, comment, or

21                           interact with other users is directly

22                           related to the provider's content,

23                  (b) that is a classified advertising service

24                  that only permits the sale of goods and

    Req. No. 10156                                                Page 9
1                   prohibits the solicitation of personal

2                   services, or

3                   (c) that is used by and under the direction of

4                   an educational entity including, without

5                   limitation, a:

6                   (i) learning management system,

7                   (ii) student engagement program, and

8                   (iii) subject-specific or skill-specific

9                   program,

10  d. social media platform does not include a social media

11  platform that is controlled or owned by a business

12  entity that has generated less than One Hundred

13  Million Dollars ($100,000,000.00) globally from users

14  in the United States of America in annual gross

15  revenue;

16  12. "Substantial harm or privacy risk to minors" means the

17 processing of personal information in a manner that may result in

18 any reasonably foreseeable substantial physical injury, economic

19 injury, or offensive intrusion into the privacy expectations of a

20 reasonable minor under the circumstances, including:

21  a. mental health disorders or associated behaviors,

22  including the promotion or exacerbation of self-harm,

23  suicide, eating disorders, and substance abuse

24  disorders,

    Req. No. 10156                                          Page 10
1   b. patterns of use that indicate or encourage addictive

2               behaviors,

3   c. physical violence, online bullying, and harassment,

4               and

5   d. sexual exploitation, including enticement, sex

6               trafficking, and sexual abuse and trafficking of

7               online sexual abuse material; and

8   13. "User" means a person who has access to view all or some of

9 the posts and content on a social media platform but is not an

10 account holder.

11  SECTION 3.       NEW LAW  A new section of law to be codified

12 in the Oklahoma Statutes as Section 121 of Title 25, unless there is

13 created a duplication in numbering, reads as follows:

14  A. A social media company shall not permit an Oklahoma user who

15 is a minor less than sixteen years of age to be an account holder on

16 a social media company's social media platform.

17  B. A social media company shall not permit an Oklahoma user who

18 is a minor of sixteen or seventeen years of age to be an account

19 holder on the social media company's social media platform unless

20 the minor has the express consent of a parent or legal guardian.

21  C. 1. A social media company shall verify the age of an

22 account holder.

23  2. If an account holder is a minor of sixteen or seventeen

24 years of age, the social media company shall confirm that the minor

    Req. No. 10156                                                Page 11
1 has consent under subsection B of this section to become a new

2 account holder at the time the Oklahoma user opens the account.

3   D. 1. A social media company may use a third-party vendor to

4 perform reasonable age verification before allowing access to the

5 social media company's social media platform.

6   2. Reasonable age verification methods under paragraph 1 of

7 this subsection include providing:

8        a. a digitized identification card, including a digital

9               copy of a driver license,

10       b. government-issued identification,

11       c. any commercially reasonable age verification method,

12              or

13       d. confirmation from a platform from which social media

14              applications are downloaded that the platform has

15              verified the age of the user.

16  SECTION 4.      NEW LAW  A new section of law to be codified

17 in the Oklahoma Statutes as Section 122 of Title 25, unless there is

18 created a duplication in numbering, reads as follows:

19  A. A social media platform that is accessed by minors shall

20 not:

21  1. Process the personal information of any minor if the social

22 media platform has actual knowledge of or willfully disregards that

23 the processing may result in substantial harm or is a privacy risk

24 to minors;

    Req. No. 10156                                                Page 12
1   2. Profile a minor unless both of the following criteria are

2 met:

3       a. the social media platform can demonstrate it has

4       appropriate safeguards in place to protect minors, and

5       b. (1) profiling is necessary to provide the online

6                   service or feature requested for the aspects of

7                   the online service or feature with which the

8                   minor is actively and knowingly engaged, or

9       (2) the social media platform can demonstrate a

10                  compelling reason that profiling does not pose

11                  substantial harm or is a privacy risk to minors;

12  3. Collect, sell, share, or retain any personal information

13 that is not necessary to provide an online service or feature with

14 which a minor is actively and knowingly engaged unless the online

15 platform can demonstrate a compelling reason that collecting,

16 selling, sharing, or retaining the personal information does not

17 pose substantial harm or is a privacy risk to minors;

18  4. Use the personal information of a minor for any reason other

19 than the reason for which the personal information was collected

20 unless the online platform can demonstrate a compelling reason that

21 the use of the personal information does not pose substantial harm

22 or is a privacy risk to minors;

23  5. Collect, sell, or share any precise geolocation data of

24 minors unless the collection of the precise geolocation data is

    Req. No. 10156                                                Page 13
1 strictly necessary for the online platform to provide the service,

2 product, or feature requested and then only for the limited time

3 that the collection of the precise geolocation data is necessary to

4 provide the service or feature;

5   6. Collect any precise geolocation data of a minor without

6 providing an obvious sign to the minor for the duration of the

7 collection that the precise geolocation data is being collected;

8   7. Use dark patterns to lead or encourage minors to provide

9 personal information beyond what personal information would

10 otherwise be reasonably expected to be provided for that online

11 service or feature, to forego privacy protections, or to take any

12 action that the online platform has actual knowledge of or willfully

13 disregards that may result in substantial harm or is a privacy risk

14 to minors; or

15  8. Use any personal information collected to estimate the age

16 or age range for any other purpose or retain that personal

17 information longer than necessary to estimate age. The age estimate

18 must be proportionate to the risks and data practice of an online

19 service or feature.

20  B. Violations of this section may be reported to the Office of

21 the Attorney General.

22  C. If the Attorney General determines that there has been a

23 violation of this section, the Attorney General shall send notice to

24 the social media platform.

    Req. No. 10156                                                Page 14
1   D. The social media platform shall have a forty-five-day period

2 to cure the violation of this section.

3   SECTION 5.         NEW LAW  A new section of law to be codified

4 in the Oklahoma Statutes as Section 123 of Title 25, unless there is

5 created a duplication in numbering, reads as follows:

6   A. 1. A social media company that knowingly violates this act

7 is liable if the social media company fails to perform a reasonable

8 age verification or fails to comply with Section 4 of this act.

9   2. If a social media company performs a reasonable age

10 verification, the social media company shall not retain any

11 identifying information of the individual after access to the social

12 media platform has been granted.

13  B. The Attorney General may initiate an enforcement action

14 against social media companies that allegedly commit a violation of

15 this act.

16  C. A social media company that violates this act is liable to

17 an individual for:

18  1. A penalty of Two Thousand Five Hundred Dollars ($2,500.00)

19 per violation, court costs, and reasonable attorney fees as ordered

20 by the court; or

21  2. Damages resulting from a minor accessing a social media

22 platform without the consent of his or her parent or custodian,

23 including court costs and reasonable attorney fees as ordered by the

24 court.

    Req. No. 10156                                              Page 15
1   D. This section does not:

2   1. Apply to a news or public interest broadcast, website video,

3 report, or event;

4   2. Affect the rights of a news-gathering organization; or

5   3. Apply to cloud service providers.

6   E. No social media platform shall be liable under this act if,

7 after performing reasonable age verification, a minor manages access

8 to the platform through means of fraud including, but not limited

9 to, the use of fake identification by the minor or an individual

10 claiming to be the parent or legal guardian of the minor.

11  F. An Internet service provider, or any of its affiliates or

12 subsidiaries, or search engines will not violate this act solely

13 when providing access, connection to or from a website, or other

14 information or content on the Internet, or a facility, system, or

15 network that is not under that Internet service provider's control,

16 including transmission, downloading, intermediate storage, access

17 software, or other service that provides access or connectivity, to

18 the extent the Internet service provider is not responsible for the

19 creation of the content or the communication on a social media

20 platform.

21  SECTION 6.       NEW LAW   A new section of law to be codified

22 in the Oklahoma Statutes as Section 124 of Title 25, unless there is

23 created a duplication in numbering, reads as follows:

24

    Req. No. 10156                                                 Page 16
1   A. A commercial entity or third-party vendor shall not retain

2 any identifying information of an individual supplied for the

3 purpose of age verification, except if required for audit and

4 testing purposes, and in any case for no longer than thirty (30)

5 days after access to the social media platform has been granted.

6   B. A commercial entity that is found to have knowingly retained

7 identifying information of an individual after access to the

8 material is granted, except as provided for in subsection A of this

9 section, is liable to the individual for damages resulting from the

10 retention of the identifying information, including court costs and

11 reasonable attorney fees as ordered by the court.

12  SECTION 7. This act shall become effective July 1, 2025.

13  SECTION 8. It being immediately necessary for the preservation

14 of the public peace, health or safety, an emergency is hereby

15 declared to exist, by reason whereof this act shall take effect and

16 be in full force from and after its passage and approval.

17

18  60-1-10156      MJ  12/12/24

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    Req. No. 10156                                                Page 17
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