A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ENACTING THE "SOCIAL MEDIA PUBLIC SERVICE ANNOUNCEMENT AND YOUTH MENTAL HEALTH ACT" BY ADDING CHAPTER 16 TO TITLE 44 SO AS TO REQUIRE SOCIAL MEDIA PLATFORMS OPERATING IN THE STATE OF SOUTH CAROLINA TO DISPLAY OFFICE OF MENTAL HEALTH PUBLIC SERVICE ANNOUNCEMENTS REGARDING THE DANGERS OF SOCIAL MEDIA USE BY CHILDREN AND TEENS; TO ESTABLISH CERTAIN REPORTING REQUIREMENTS; TO CREATE PENALTIES FOR NONCOMPLIANCE; AND FOR OTHER PURPOSES.

 

Be it enacted by the General Assembly of the State of South Carolina:

 

SECTION 1.  This act may be cited as the "Social Media Public Service Announcement and Youth Mental Health Act."

 

SECTION 2.  Title 44 of the S.C. Code is amended by adding:

 

CHAPTER 16

 

Youth Mental Health

 

    Section 44-16-10.  (A) The General Assembly finds that:

       (1) Children and adolescents are increasingly exposed to the harms of social media, including anxiety, depression, body image issues, cyberbullying, and suicidal ideation.

       (2) Recent studies show direct correlations between prolonged exposure to social media algorithms and decreased mental health outcomes.

       (3) South Carolina has a compelling state interest in protecting the health, safety, and welfare of minors through the dissemination of accurate mental health information and awareness.

    (B) The purpose of this chapter is to ensure that all social media users in South Carolina, particularly minors, regularly encounter factual and evidence-based public service announcements about the potential harms of excessive social media use and available resources for mental health assistance.

 

    Section 44-16-20.  For purposes of this chapter:

       (1) "Feed" or "home page" means the sequence of user-generated or recommended content shown to a user when logged into a social media platform.

       (2) "Office" or "Office of Mental Health" means the Office of Mental Health of the Department of Behavioral Health and Developmental Disabilities.

       (3) "Public service announcement" or "PSA" means an educational digital message created or authorized by the Office of Mental Health discussing the dangers of social media use by children and teens including, but not limited to, risks of anxiety, depression, addiction, and self-harm, as well as available mental health and harm prevention resources.

       (4) "Social media platform" means any online website, application, or digital service that:

           (a) allows users to create accounts or profiles;

           (b) enables sharing of user-generated content such as images, videos, or text; and

           (c) utilizes an algorithmic feed, timeline, or "For You"-style page to distribute such content.

       (5) "User" means an individual who accesses a social media platform while physically located within the State of South Carolina.

 

    Section 44-16-30.  (A) Every social media platform that operates or allows access to users located in South Carolina shall ensure that for every ten posts, videos, stories, or comparable content items displayed on a user's feed or home page, one public service announcement developed by the Office of Mental Health is automatically displayed or inserted.

    (B)(1) The Office of Mental Health shall post on its website by January first of each year the approved PSA media content and technical guidelines for access and use by every covered social media platform.

       (2) The office shall maintain a record of every social media platform accessing the approved PSA media content and technical guidelines.

    (C) The PSA media content must:

       (1) be displayed prominently and in substantially the same format as user content (image, video, or text);

       (2) include a visible or clickable notice identifying it as a "Office of Mental Health Public Service Announcement"; and

       (3) link directly to mental health resources of the Office of Mental Health, such as helplines or educational materials.

    (D) Social media platforms may not alter, edit, or modify PSA media content other than to adjust formatting to meet technical specifications.

 

    Section 44-16-40.  (A) Every social media platform subject to this chapter must submit an annual compliance report to the Office of Mental Health by March first of each year, including:

       (1) the total number of South Carolina-based user impressions of PSA content;

       (2) average frequency of PSA display per user;

       (3) summary of technical integration measures; and

       (4) any difficulties or limitations encountered in implementing this requirement.

    (B) The office shall compile these reports into an annual Social Media PSA Compliance Report for submission to the Governor, the General Assembly, and the South Carolina Department of Consumer Affairs by July first of each year.

    (C) The office may coordinate with the Attorney General to enforce compliance and ensure accuracy of data submitted.

 

    Section 44-16-50.  (A) Any social media platform that knowingly fails to comply with Section 44-16-30 is subject to an administrative penalty of up to twenty-five thousand dollars per day of noncompliance, assessed by the South Carolina Department of Consumer Affairs.

    (B) Each day of violation constitutes a separate offense.

    (C) Civil penalties collected under this section shall be deposited into a newly established Youth Mental Health Awareness Fund, which must be used by the Department of Behavioral Health and Developmental Disabilities solely for mental health education and youth outreach.

 

    Section 44-16-60.  The Department of Behavioral Health and Developmental Disabilities, in consultation with the South Carolina Department of Consumer Affairs and the Attorney General, may promulgate regulations necessary to implement the provisions of this chapter, including verification procedures for user location and acceptable PSA delivery mechanisms.

 

SECTION 3.  If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.

 

SECTION 4.  This act takes effect January 1, 2027.

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