A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS SO AS TO ENACT THE "FIRST AMENDMENT PRESERVATION ACT" BY ADDING SECTION 1-30-160 SO AS TO DEFINE A MEDIA RELIABILITY AND BIAS MONITOR, PROHIBIT STATE CONTRACTS WITH MEDIA RELIABILITY AND BIAS MONITORS, REQUIRE WRITTEN CERTIFICATIONS FROM COMPANIES SUBMITTING BIDS THAT STATE PURCHASING CONTRACTS ARE IN COMPLIANCE, AND CLARIFY THE APPLICABILITY OF THE ACT TO STATE CONTRACTS.

 

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

 

SECTION 1.  This act may be cited as the "First Amendment Preservation Act".

 

SECTION 2.  Chapter 30, Title 1 of the S.C. Code is amended by adding:

 

    Section 1-30-160.  (A) As used in this section:

       (1) "Agency" means any state department, division, board, commission, or other executive agency of state government, institutions of higher education using state funds, or any political subdivisions of the State.

       (2) "Company" means any sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, limited liability company, or other entity or business association, including all wholly owned subsidiaries, majority owned subsidiaries, or parent companies that exist for the purpose of making a profit or that are nonprofit entities.

       (3) "Media reliability and bias monitor" means a company whose primary or principal function is rating or ranking news and information sources for the factual accuracy of their content, whether published online, in print, by audio, or digitally, or by broadcasting via radio, television, cable, streaming service, or any other ways news is delivered to the public, or that provide ratings or rankings of news sources based on misinformation, bias, adherence to journalistic standards, or ethics, including, but not limited to, organizations that claim to engage in fact checking or determining overall news accuracy. The term does not include a company that only rates media outlets for audience size, viewership, and demographic information, or that monitors media outlets for the purposes of compiling press or video clippings or aggregating news sources.

    (B) Notwithstanding any other provision of law, an agency may not:

       (1) enter into any contract or other agreement with any media reliability and bias monitor for purposes of directing the agency's advertising placements or for use of the agency's programmatic advertising purchases; or

       (2) enter into any contract or agreement with any advertising or marketing agency that uses the services of a media reliability and bias monitor for purposes of directing the agency's advertising placements or for use of the agency's programmatic advertising purchases.

    (C) Any agency seeking to contract for advertising or marketing services shall require all companies submitting a bid or proposal to provide written certification that the company is neither a media reliability and bias monitor nor planning to use the services of a media reliability and bias monitor for the purposes of the contract or agreement with the agency. Prior to extending, renewing, or otherwise changing or modifying an agreement or contract for advertising or marketing services in effect prior to the effective date of this section, an agency shall obtain written certification from the contractor that it is neither a media reliability and bias monitor nor planning to use the services of a media reliability and bias monitor for the purposes of the contract or agreement with the agency.

    (D) Nothing in this section shall be construed to prevent an agency from contracting for services that aggregate news articles and information relevant to the agency or its constituents or to prevent a company from providing analytical or statistical information on the performance of advertisements placed by an agency.

 

SECTION 3.  The provisions of this act apply to all policies, contracts, plans, or agreements subject to this section that are delivered, executed, amended, adjusted, or renewed on or after July 1, 2026.

 

SECTION 4.  This act takes effect upon approval of the Governor.

 

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