A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 39-1-100 SO AS TO PROVIDE THAT CERTAIN ONLINE COMPANIES MUST PROVIDE PARENTS AN OPTION TO OPT OUT OF CERTAIN CONTENT ON THEIR PLATFORMS.

 

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

 

SECTION 1.  Chapter 1, Title 39 of the S.C. Code is amended by adding:

 

    Section 39-1-100.  (A) Online companies that provide social media, streaming, gaming, or chatrooms including, but not limited to, Facebook, Instagram, TikTok, Netflix, Disney+, Roblox, and Hulu that have minor users must provide a parental control option for a parent of a minor to opt out of all content that is sexual in nature and content that features transgender individuals that are available on its platform.

    (B) An online company that violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined two hundred dollars per day for each account that is noncompliant.

    (C)(1) An individual may bring a civil action against an online company for a violation of this section.

       (2) In a civil action brought under subsection (C) in which the plaintiff prevails, the court may award the plaintiff:

           (a) an amount equal to the sum of any actual damages;

           (b) injunctive relief;

           (c) declaratory relief; and

           (d) reasonable attorney's fees and litigation costs.

 

SECTION 2.  This act takes effect upon approval by the Governor.

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