Bill Summary – FastDemocracy

House File 2546 - Introduced
                                  HOUSE FILE 2546
                                  BY COMMITTEE ON JUDICIARY
                                  (SUCCESSOR TO HF 2114)
                            A BILL FOR
An Act relating to minors using the internet, including
  social media and internet safety instruction and education
  requirements in public schools and liability for publication
  of obscene material available to minors on the internet.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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                            DIVISION I
            SOCIAL MEDIA AND INTERNET SAFETY EDUCATION
    Section 1. Section 256.11, Code 2024, is amended by adding
 the following new subsection:
    NEW SUBSECTION. 5B. a. For purpose of this subsection,
 “social media” means a form of interactive electronic
 communication through an internet website or application by
 which a user creates a service-specific identifying user
 profile to connect with other users of the internet website
 or application for the purpose of communicating and sharing
 information, ideas, news, stories, opinions, images, videos,
 and other content.
    b. (1) The department shall prepare and offer a curriculum,
 including instructional materials, for the instruction
 of social media safety for students in grades six through
 twelve. Such instructional materials must be published on the
 department’s and each school district’s internet sites. Each
 school district must notify parents or guardians that such
 instructional materials are available on the department’s and
 each school district’s internet sites.
    (2) The department shall periodically update the
 department’s curriculum to reflect changes in social media use,
 emergent technologies, and new threats to students using social
 media platforms.
    c. (1) The social media instruction must include but need
 not be limited to all of the following:
    (a) Time management and healthy behaviors on social media.
    (b) The negative effects of social media on mental health,
 including addiction.
    (c) The distribution of information on social media.
    (d) How social media manipulates behavior.
    (e) The permanency of sharing materials online.
    (f) How to maintain personal security and identify
 cyberbullying, predatory behavior, and human trafficking on the
 internet.
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                                H.F. 2546
    (g) How to report suspicious behavior encountered on the
 internet to appropriate authorities.
    (2) The social media safety instruction must include
 how to safely use social media, including but not limited
 to maintaining personal security, preventing oversharing of
 personal information, identifying predatory behavior, and
 reporting suspicious behavior.
    (3) The social media safety instruction may include the
 benefits of social media use. Such instruction may only
 include career and resume building for future academic or
 employment opportunities, sharing information with familiar
 family and friends, and safely connecting with other users with
 like interests.
    (4) Parents or guardians of a child shall be given the
 ability to opt the child out of such instruction.
    d. (1) The department and school districts shall prohibit
 student access to social media platforms through the use
 of internet access provided by the school district, except
 when expressly directed by a teacher solely for educational
 purposes.
    (2) The department and school districts shall provide and
 adopt an internet safety policy for student access to the
 internet provided by the school district which does all of the
 following:
    (a) Limits access by students to only age-appropriate
 subject matter and materials on the internet.
    (b) Protects the safety and security of students when
 using electronic mail, chat rooms, and other forms of direct
 electronic communications.
    (c) Prohibits access by students to data or information,
 including hacking, and other unlawful online activities by
 students.
    (d) Prevents access to internet sites, web applications, or
 software that does not protect against the disclosure, use, or
 dissemination of students’ personal information.
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    e. The state board shall adopt rules to administer this
 subsection.
    f. This subsection shall not apply to nonpublic schools.
                            DIVISION II
    DISTRIBUTION OF OBSCENE MATERIAL TO MINORS ON THE INTERNET
    Sec. 2. NEW SECTION. 554H.1 Publication and distribution of
 obscene material to minors on the internet.
    1. For purposes of this chapter:
    a. “Interactive computer service” means the same as that
 term is defined in 47 U.S.C. §230.
    b. “Obscene material” means the same as defined in section
 728.1, subsection 5.
    2. Any commercial entity that knowingly or intentionally
 publishes or distributes obscene material to minors on the
 internet from a website that contains a substantial portion of
 such material shall verify that any person attempting to access
 obscene material is not a minor through the use of any of the
 following:
    a. A commercially available database that is regularly used
 by businesses or governmental entities for the purpose of age
 and identity verification.
    b. Another commercially reasonable method of age and
 identity verification.
    3. Any commercial entity that violates the provisions of
 this section shall be subject to civil liability for damages
 resulting from a minor’s access to obscene material and
 reasonable attorney fees and costs.
    4. This section shall not be construed to impose civil
 liability on a provider or user of an interactive computer
 service on the internet.
                            EXPLANATION
         The inclusion of this explanation does not constitute agreement with
          the explanation’s substance by the members of the general assembly.
  This bill relates to minors using the internet, including
social media and internet safety instruction and education
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                                H.F. 2546
 requirements in public schools and liability for publication of
 obscene material available to minors on the internet.
    DIVISION I —— SOCIAL MEDIA AND INTERNET SAFETY EDUCATION.
 This division of the bill requires the department of education
 to create and offer a curriculum for instruction on social
 media safety for student in grades 6 through 12. The
 curriculum must include but is not limited to: (1) time
 management and healthy behaviors on social media, (2) education
 on the negative effects on mental health social media can
 produce, (3) the distribution of information on social media,
 (4) how social media manipulates behavior, (5) the permanency
 of sharing materials online, (6) how to maintain personal
 security and identify cyberbullying, predatory behavior, and
 human trafficking, and (7) how to report suspicious behavior.
 The curriculum may also include the benefits of social media
 use. Parents or guardians are allowed to opt a child out of
 such curriculum.
    The bill provides that the department and school districts
 shall prohibit student access to social media platforms through
 the use of internet access supplied by the school district,
 except for educational purposes.
    The bill requires the department and school district to
 adopt an internet safety policy that does all of the following:
 (1) limits access by students to only age-appropriate
 materials, (2) protects the safety and security of students
 when using forms of direct electronic communication, (3)
 prohibits access by students to data or information, and
 (4) prevents access to internet sites, web applications, or
 software that does not protected against disclosure, use, or
 dissemination of students’ personal information.
    The division of the bill does not apply to nonpublic schools.
    DIVISION II —— DISTRIBUTION OF OBSCENE MATERIAL TO
 MINORS. This division of the bill creates civil liability for
 commercial entities who publish or distribute material harmful
 to minors on the internet. The bill provides any commercial
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                                H.F. 2546
 entity that knowingly or intentionally publishes or distributes
 obscene material to minors on the internet from a website
 that contains a substantial portion of such material shall be
 held civilly liable if the entity fails to perform reasonable
 age verification methods to verify the age of individuals
 attempting to access the material. Any commercial entity that
 is found in violation shall be civilly liable to an individual
 for damages resulting from a minor’s accessing the material,
 including court costs and reasonable attorney fees as ordered
 by the court. The bill does not impose civil liability on
 a provider or user of an interactive computer service on the
 internet.
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Statutes affected: 
Introduced: 256.11