Senate Bill No. 344 aims to enhance children's safety by mandating that a parent or guardian must provide affirmative consent before a child's name, image, or likeness can be used for marketing or advertising purposes on social media or otherwise. The bill defines "affirmative consent" as a written agreement that allows for the photographing or video recording of a child for promotional purposes. It also stipulates that no child should be denied participation in any organization, event, or access to products or services if their parent or guardian does not provide this consent.
The bill extends these requirements to local and regional boards of education, interdistrict magnet school operators, governing councils of charter schools, and supervisory agents of nonpublic schools, ensuring that similar consent is required for the use of children's likenesses in school-related contexts. The provisions of the bill will take effect on October 1, 2026, with the school-related provisions becoming effective earlier on July 1, 2026. The bill does not impose any fiscal impact on the state or municipalities, as it is expected that existing resources will suffice to meet the new consent requirements.