Sponsored by:
Senator JOSEPH F. VITALE
District 19 (Middlesex)
SYNOPSIS
Requires age verification and parent or guardian consent for minors use of social media platform; prohibits certain messaging between adults and minors on social media platform.
CURRENT VERSION OF TEXT
As introduced.
An Act requiring age verification and parent or guardian consent for a minors use of a social media platform and supplementing Title 52 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. As used in P.L. , c. (C. ) (pending before the Legislature as this bill):
Account holder means an individual who has or who creates an account or profile on a social media platform.
Adding means a distinction from other users concerning the interaction of two separate social media accounts, at the mutual election of the account holders, by which the two account holders settings enable them to view one anothers posts. The term may also include any designation that enables direct messaging between the two accounts when such accounts do not permit such messaging with other users generally. Adding includes, but is not limited to, friending, following, or similar actions.
Director means the Director of the Division of Consumer Affairs in the Department of Law and Public Safety.
Division means the Division of Consumer Affairs established within the Department of Law and Public Safety pursuant to P.L.1971, c.134 (C.52:17B-118 et seq.).
Educational entity means a school district, charter school, renaissance school, non-public school, or institution of higher education.
Individual means a natural person.
Minor means an individual who is under the age of 18.
New Jersey account holder means an individual who is a New Jersey resident and an account holder. New Jersey account holder includes a New Jersey minor account holder.
New Jersey minor account holder means a New Jersey account holder who is a minor.
Person means any individual, business, or other legal entity and its agents, assignees, or representatives.
Post means content that an account holder makes available on a social media platform for other account holders or users to view.
Social media company means a person that provides or operates a social media platform with at least five million account holders worldwide.
Social media platform or platform means a public or semipublic internet-based service or application that has users in this State, which service or application: a. allows users to construct a public or semipublic profile for the purposes of using the platform, populate a list of other users with whom the user shares a social connection through the platform, and post content viewable by other users of the platform; and b. is designed to connect users within the platform to facilitate social interactions, except that a service or application that provides email or direct messaging services shall not be considered to meet this criterion solely based on the existence of that functionality.
User means a person with access to view all or some of the posts on a social media platform, which person is not an account holder.
2. a. A social media company shall not permit a New Jersey resident who is a minor to be an account holder on the social media companys social media platform unless the minor has obtained the express consent of a parent or guardian.
b. To provide express consent pursuant to subsection a. of this section, the parent or guardian of a minor shall provide the parent or guardians government-issued identification and credit card information to the social media company and consent to a fee of not more than 35 cents to be charged to the credit card provided.
c. Notwithstanding any provision of P.L. , c. (C. ) (pending before the Legislature as this bill), a social media company shall not permit a New Jersey resident who is a minor to hold or open an account on a social media platform if the minor is ineligible to hold or open an account pursuant to any other provision of State or federal law.
3. a. A social media company shall verify the age of an existing or new New Jersey account holder and, if the existing or new account holder is a minor, confirm that a minor has obtained expressed consent from the parent or guardian of the minor pursuant to subsection a. of section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill):
(1) for a new account, at the time the New Jersey resident opens the account; or
(2) for a New Jersey account holder who has not provided age verification as required pursuant to this section, within 14 calendar days of the New Jersey account holder's attempt to access the account.
b. If a New Jersey account holder fails to meet the age verification requirements of this section within the required time period, the social media company shall deny access to the account:
(1) upon the expiration of the time period; and
(2) until all verification requirements are met.
4. For a social media platform account held by a New Jersey minor account holder, a social media company:
a. shall prohibit direct messaging between the account and any other adult user that is not linked to the account through adding on the social media platform; and
b. shall not collect or use any personal information from the posts, content, messages, text, or usage activities of the account other than information that is necessary to comply with, and to verify compliance with, State or federal law, which information includes a parent or guardian's name, a birth date, and any other information required to be submitted pursuant to subsection b. of section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill).
5. a. The division shall receive consumer complaints alleging a violation of, investigate alleged violations of, and enforce P.L. , c. (C. ) (pending before the Legislature as this bill) as outlined in this section. All civil penalties in this section shall be collected by the director in a summary proceeding before a court of competent jurisdiction pursuant to the provisions of the Penalty Enforcement Law of 1999, P.L.1999, c.274 (C.2A:58-10 et seq.).
b. Subject to the conditions of subsection d. of this section, the director may impose a civil penalty in an amount not to exceed $2,500 for each violation of P.L. , c. (C. ) (pending before the Legislature as this bill).
c. Subject to the conditions of subsection d. of this section, the director may initiate a civil action to enforce P.L. , c. (C. ) (pending before the Legislature as this bill) in the Superior Court.
(1) A court presiding in an action initiated pursuant to this subsection may:
(a) declare that an act or
practice constitutes a violation of
P.L. , c. (C. ) (pending before the Legislature as this bill);
(b) issue an injunction
against further violation of P.L. ,
c. (C. ) (pending before the Legislature as this bill);
(c) order disgorgement, for
payment to an individual who is identified by the court as an injured user or
injured account holder, of any money received in connection with a violation of
P.L. ,
c. (C. ) (pending before the Legislature as this bill);
(d) impose a civil penalty in an amount not to exceed $2,500 for each violation of P.L. , c. (C. ) (pending before the Legislature as this bill);
(e) award actual damage