2025 -- H 5291

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LC000157

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2025

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A N   A C T

RELATING TO COMMERCIAL LAW -- GENERAL REGULATORY PROVISIONS --

RHODE ISLAND SOCIAL MEDIA REGULATION ACT

     Introduced By: Representatives Spears, Cotter, Donovan, Fogarty, Boylan, Speakman,
McNamara, Chippendale, Tanzi, and Casimiro

     Date Introduced: February 05, 2025

     Referred To: House Corporations

     It is enacted by the General Assembly as follows:

     SECTION 1. Title 6 of the General Laws entitled "COMMERCIAL LAW — GENERAL

REGULATORY PROVISIONS" is hereby amended by adding thereto the following chapter:

CHAPTER 61

RHODE ISLAND SOCIAL MEDIA REGULATION ACT

     6-61-1. Definitions.

     As used in this chapter:

     (1) "Account holder" means a person who has, or opens, an account or profile to use a

social media company's platform.

     (2) "Director" means the director of the department of business regulation.

     (3) "Department" means the department of business regulation.

     (4) "Educational entity" means a public school, a local education agency (LEA), a charter

school, a private school, a denominational school, a parochial school, a community college, a state

college, a state university, or a nonprofit private postsecondary educational institution.

     (5) "Interactive computer service" means an information service, information system, or

information access software provider that provides or enables computer access by multiple users to

a computer server and provides access to the Internet. "Interactive computer service" includes:

     (i) A web service;

     (ii) A web system;

     (iii) A website;

     (iv) A web application; and

     (v) A web portal.

     (6) "Minor" means an individual who is under the age of eighteen (18) years.

     (7) "Post" means content that an account holder makes available on a social media platform

for other account holders or users to view.

     (8) "Social media company" means a person or entity that:

     (i) Provides a social media platform that has at least five million (5,000,000) account

holders worldwide; and

     (ii) Is an interactive computer service.

     (9)(i) "Social media platform" means an online forum that a social media company makes

available for an account holder to:

     (A) Create a profile;

     (B) Upload posts;

     (C) View the posts of other account holders; and

     (D) Interact with other account holders or users.

     (ii) "Social media platform" does not include an online service, website, or application:

     (A) Where the predominant or exclusive function is:

     (I) Electronic mail;

     (II) Direct messaging consisting of text, photos, or videos that are sent between devices by

electronic means where messages are shared between the sender and the recipient, only visible to

the sender and the recipient, and are not posted publicly;

     (B) That provides a streaming service that:

     (I) Provides only licensed media in a continuous flow from the service, website, or

application to the end user; and

     (II) Does not obtain a license to the media from a user or account holder by agreement to

its terms of service;

     (C) That provides news, sports, entertainment, or other content that is preselected by the

provider and not user generated, and any chat, comment, or interactive functionality that is provided

incidental to, directly related to, or dependent upon provision of the content;

     (D) That provides online shopping or e-commerce, if the interaction with other users or

account holders is generally limited to:

     (I) The ability to upload a post and comment on reviews; and

     (II) The ability to display lists or collections of goods for sale or wish lists; and other

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functions that are focused on online shopping or e-commerce rather than interaction between users

or account holders;

     (E) That provides interactive gaming, virtual gaming, or an online service, that allows the

creation and uploading of content for the purpose of interactive gaming, edutainment, or associated

entertainment, and the communication related to that content;

     (F) That provides photo editing that has an associated photo hosting service, if the

interaction with other users or account holders is generally limited to liking or commenting;

     (G) That provides a professional creative network for showcasing and discovering artistic

content, if the content is required to be non-pornographic;

     (H) That provides single-purpose community groups for public safety if the interaction

with other users or account holders is generally limited to that single purpose and the community

group has guidelines or policies against illegal content;

     (I) Providing career development opportunities, including professional networking, job

skills, learning certifications, and job posting and application services;

     (J) That provides business to business software;

     (K) That provides a teleconferencing or videoconferencing service that allows reception

and transmission of audio and video signals for real time communication;

     (L) That provides cloud storage;

     (M) That provides shared document collaboration;

     (N) That provides cloud computing services, which may include cloud storage and shared

document collaboration;

     (O) Providing access to or interacting with data visualization platforms, libraries, or hubs;

     (P) Permitting comments on a digital news website, if the news content is posted only by

the provider of the digital news website;

     (Q) Providing or obtaining technical support for a platform, product, or service;

     (R) That provides academic or scholarly research;

     (S) That provides genealogical research where the majority of the content that is posted or

created is posted or created by the provider of the online service, website, or application and the

ability to chat, comment, or interact with other users is directly related to the provider's content;

     (T) That is a classified ad service that only permits the sale of goods and prohibits the

solicitation of personal services; or

     (U) That is used by and under the direction of an educational entity, including a learning

management system a student engagement program and a subject or skill-specific program.

     (10) "User" means a person who has access to view all or some of, the post on a social

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media platform, but is not an account holder.

     (11) “Rhode Island account holder” means a person who is a Rhode Island resident and an

account holder. The term "Rhode Island account holder" includes a Rhode Island minor account

holder.

     (12) "Rhode Island minor account holder" means a Rhode Island account holder who is a

minor.

     (13) "Rhode Island resident" means an individual who currently resides in Rhode Island.

     6-61-2. Age requirements for use of social media platform -- Parental consent --

Rulemaking authority of decision.

     (a) Commencing January 1, 2026, a social media company may not permit a Rhode Island

resident who is a minor to be an account holder on the social media company's social media

platform unless the Rhode Island resident has the express consent of a parent or guardian.

     (b) Notwithstanding any provision of this chapter, a social media company may not permit

a Rhode Island resident who is a minor to hold or open an account on a social media platform if the

minor is ineligible to hold or open an account under any other provision of state or federal law.

     (c) Commencing January 1, 2026, a social media company shall verify the age of an

existing or new Rhode Island account holder and, if the existing or new account holder is a minor,

confirm that a minor has consent as required under this chapter:

     (1) For a new account, at the time the Rhode Island resident opens the account; or

     (2) For a Rhode Island account holder who has not provided age verification as required

under this section, within fourteen (14) calendar days of the Rhode Island account holder's attempt

to access the account.

     (d) If a Rhode Island account holder fails to meet the verification requirements of this

section within the required time period, the social media company shall deny access to the account:

     (1) Upon the expiration of the time period; and

     (2) Until all verification requirements are met.

     (e) The department shall promulgate rules and regulations to implement the provisions of

this chapter to include, but not limited to:

     (1) Establish processes or means by which a social media company may meet the age

verification requirements of this chapter;

     (2) Establish acceptable forms or methods of identification, which may not be limited to a

valid identification card issued by a government entity;

     (3) Establish requirements for providing confirmation of the receipt of any information

provided by a person seeking to verify age under this chapter;

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     (4) Establish processes or means to confirm that a parent or guardian has provided consent

for the minor to open or use an account pursuant to the provisions of this chapter;

     (5) Establish requirements for retaining, protecting, and securely disposing of any

information obtained by a social media company or its agent as a result of compliance with the

requirements of this chapter; and

     (6) Require that information obtained by a social media company or its agent in order to

comply retained for the purpose of compliance and may not be used for any other purpose.

     (f) If the department permits an agent to process verification requirements required by this

section, require that the agent have its principal place of business in the United States of America.

     (g) The department shall require other applicable state agencies to comply with any rules

promulgated under the authority of this section.

     (h) The department shall ensure that the rules are consistent with state and federal law.

     6-61-3. Prohibition on data collection for certain accounts -- Prohibition on

advertising -- Use of information -- Search results-- Directed content.

     Commencing January 1, 2026, a social media company, for a social media platform

account held by a Rhode Island minor account holder:

     (1) Shall prohibit direct messaging between the account and any other user that is not linked

to the account through friending;

     (2) May not show the account in search results for any user that is not linked to the account

through friending;

     (3) Shall prohibit the display of any advertising in the account;

     (4) Shall not collect or use any personal information from the posts, content, messages,

text, or usage activities of the account other than information that is necessary to comply with, and

to verify compliance with, state or federal law, which information includes a parent or guardian's

name, a birth date, and any other information required to be submitted under this section; and

     (5) Shall prohibit the use of targeted or suggested groups, services, products, posts,

accounts, or users in the account.

     6-61-4. Parental access to social media account.

     (a) Commencing January 1, 2026, a social media company shall provide a parent or

guardian who has given parental consent for a Rhode Island minor account holder under § 6-61-2

with a password or other means for the parent or guardian to access the account, which shall allow

the parent or guardian to view:

     (1) All posts the Rhode Island minor account holder makes under the social media platform

account; and

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     (2) All responses and messages sent to or by the Rhode Island minor account holder in the

social media platform account.

     6-61-5. Limited hours of access for minors -- Parental access and options.

     (a) Commencing January 1, 2026, a social media company shall prohibit a Rhode Island

minor account holder from having access to the Rhode Island minor account holder's account

during the hours of 10:30 p.m. to 6:30 a.m., unless the access is modified according to another

requirement of this section.

     (1) Time of day under this section shall be calculated based on the Internet protocol address

being used by the Rhode Island minor account holder at the time of attempting access.

     (2) A social media company shall provide options for a parent or guardian with access to

an account under § 6-61-4 to:

     (i) Change or eliminate the time-of-day restriction described in subsection (a) of this

section; and

     (ii) Set a limit on the number of hours per day that a Rhode Island minor account holder

may use the account.

     (3) A social media company shall not permit a Rhode Island minor account holder to

change or bypass restrictions on access as required by this section.

     (4) Notwithstanding any provision of this section, a social media company shall permit a

parent or guardian with access to an account under § 6-61-4 to access the account without time

restrictions.

     6-61-6. Investigating powers of the department.

     (a) The department shall receive consumer complaints alleging a violation of this chapter.

     (b) A person may file a consumer complaint that alleges a violation under this chapter, with

the department.

     (c) The department shall investigate a consumer complaint to determine whether a violation

of §§ 6-61-2, 6-61-3, and/or 6-6-4 occurred.

     6-61-7. Enforcement powers of the department.

     (a) Except for a private right of action under § 6-61-9, the department has the exclusive

authority to administer and enforce the requirements of §§ 6-61-2, 6-61-3, and 6-61-4.

     (b) The attorney general upon request, shall give legal advice to, and act as counsel for, the

department in the exercise of the department responsibilities under this chapter.

     (c) Subject to the ability to cure an alleged violation under this chapter:

     (1) The department director may impose an administrative fine of up to two thousand five

hundred dollars ($2,500) for each violation of this chapter; and

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     (2) The department may bring an action in a court of competent jurisdiction to enforce a

provision of this chapter.

     (d) In a court action by the department to enforce a provision of §§ 6-61-2, 6-61-3, or 6-

61-4, the court may:

     (1) Declare that the act or practice violates a provision of §§ 6-61-2, 6-61-3, or 6-61-4;

     (2) Issue an injunction for a violation of §§ 6-61-2, 6-61-3; or 6-61-4;

     (3) Order disgorgement of any money received in violation of §§ 6-61-2, 6-61-3, or 6-61-

4;

     (4) Order payment of disgorged money to an injured purchaser or consumer;

     (5) Award actual damages to an injured purchaser or consumer; and

     (6) Award any other relief that the court deems reasonable and necessary.

     (e) At least thirty (30) days before the day on which the department initiates an enforcement

action against a person or entity that is subject to the requirements of this chapter, the department

shall provide the person or entity with:

     (1) Written notice that identifies each alleged violation; and

     (2) An explanation of the basis for each allegation.

     (f) The department may not initiate an action if the person or entity:

     (1) Cures the noticed violation within thirty (30) days after the day on which the person or

entity receives the notices; and

     (2) Provides the department with a written statement that:

     (i) The person or entity has cured the violation; and

     (ii) States no further violation shall occur.

     (g) The department may initiate a civil action against a person or entity who:

     (1) Fails to cure a violation after receiving the notice described in this section; or

     (2) After curing a noticed violation and providing a written statement in accordance with

the provisions of this chapter, commits another violation of the same provision.

     (h) If a court of competent jurisdiction grants judgment or injunctive relief to the

department the court shall award the department:

     (1) Reasonable attorney fees;

     (2) Court costs; and

     (3) Investigative fees.

     (i) A person who repeatedly violates an administrative or court order issued for a violation

of this chapter, is subject to a civil penalty of no more than five thousand dollars ($5,000) for a

second or subsequent violation.

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     (j) A civil penalty authorized under this section may be imposed in any civil action brought

by the department or by the attorney general on behalf of the department.

     6-61-8. Department report.

     The department shall compile an annual report:

     (1) Evaluating the liability and enforcement provisions of this chapter, including:

     (i) The effectiveness of the department's efforts to enforce this chapter; and

     (ii) Any recommendations for changes to this chapter;

     (2) Summarizing the consumer interactions that are protected and not protected by this

chapter, including a list of alleged violations the department has received; and

     (3) An accounting of all administrative fines and civil penalties assessed during the year.

     6-61-9. Private rights of action.

     (a) Commencing January l, 2026, an aggrieved person or account holder may bring an

action against a person that does not comply with a requirement of § 6-61-2.

     (b) A suit filed under the authority of this section shall be filed in the superior court for the

county in which a person bringing the action resides.

     (c) If a court finds that a person or entity has violated a provision of §§ 6-61-2, 6-61-3, or

6-61-4, the person who brings an action under this section is entitled to:

     (1) An award of reasonable attorney fees and court costs; and

     (2) An amount equal to the greater of:

     (i) Two thousand five hundred dollars ($2,500) per each incident of violation; or

     (ii) Actual damages for financial, physical, and emotional harm incurred by the person

bringing the action, if the court determines that the harm is a direct consequence of the violation or

violations.

     6-61-10. Waiver prohibited.

     A waiver or limitation, or a purported waiver or limitation, of any of the following is void

as unlawful, is against public policy, and a court or arbitrator may not enforce or give effect to the

waiver, notwithstanding any contract or choice-of-law provision in a contract of a protection or

requirement provided under this chapter.

     6-61-11. Severability.

     If any provision of this chapter or the application of any provision to any person or

circumstance is held invalid by a final decision of a court of competent jurisdiction, the remainder

of this chapter shall be given effect without the invalid provision or application. The provisions of

this chapter are severable.

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     SECTION 2. This act shall take effect on January 1, 2026.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO COMMERCIAL LAW -- GENERAL REGULATORY PROVISIONS --

RHODE ISLAND SOCIAL MEDIA REGULATION ACT

***

     This act would create the Rhode Island Social Media Regulation act, which would not

permit a Rhode Island resident who is a minor to be an account holder on a social media's platform

unless the minor has the express consent of a parent or guardian.

     This act would take effect on January 1, 2026.

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