Sponsored by:
Assemblywoman BARBARA MCCANN STAMATO
District 31 (Hudson)
Assemblyman CODY D. MILLER
District 4 (Atlantic, Camden and Gloucester)
Assemblywoman ANNETTE QUIJANO
District 20 (Union)
Co-Sponsored by:
Assemblyman Sampson
SYNOPSIS
Requires social media companies to take certain actions concerning accounts maintained by or featuring minors.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning social media companies and supplementing Title 56 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.
Add or added 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, content, account, or profile. 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. Add or added 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.).
Geo fencing means the creation of virtual boundaries around specific zones or locations using global positioning system (GPS), radio frequency identification (RFID), or Wi-Fi or cellular data to designate a virtual zone, that upon entering or exiting the virtual zone, triggers an action by the creator of the virtual zone.
Individual means any natural person.
Likeness means an image, painting, sketching, model, diagram, photograph, or other clear representation of an individuals face, body, or parts thereof, or the distinctive appearance, gestures, or mannerisms of an individual.
Minor means an individual under the age of 18.
Name means the actual or assumed name, or nickname, of a living individual that is intended to identify that individual.
Social media company means an individual, business, or other legal entity and its agents, assignees, or representatives that provides or operates a social media platform with at least five million account holders worldwide.
Social media platform means a public or semi-public Internet-based service or application that has account holders in this State, which service or application: allows account holders to construct a public or semi-public profile for the purposes of using the platform, populate a list of other account holders with whom the account holder shares a social connection through the platform, and post content viewable by other account holders or users of the platform; and is designed to connect account holders 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. Social media platform shall not include news media as defined in section 2 of P.L.1977, c.253 (C.2A:84A-21a).
Sponsored content means information or media content that is produced and shared on a social media platform for specific audiences, particularly in a digital space, in exchange for compensation.
Video means a recording of an image or of moving images in which an individual is readily identifiable, which may be prerecorded or recorded online, or may be an online live video transmission or a live television transmission.
2. A social media company shall develop and use on the social media companys social media platform:
a. algorithms that detect suspicious patterns and flag potentially inappropriate activity, including adult interactions with minors, private messaging frequency between adults and minors, and attempts to establish inappropriate relationships with minors; and
b. a real-time monitoring system that continuously analyzes social media content and identifies potentially inappropriate activity involving minors, including an automated reporting mechanism that promptly reports identified instances to the appropriate authorities.
3. A social media company shall:
a. prohibit the account of a minor from appearing in the results of a search conducted by a person through the social media platforms search function unless the person holds an account that the minor user has previously added;
b. identify features and content that are inappropriate for an account holder who is a minor to access and use geo fencing to restrict the minor's access to such content or features;
c. prioritize and handle reports of inappropriate activity involving minors by directing reports to the appropriate local authorities or child protection agencies based on the account holders location;
d. collaborate with law enforcement agencies, child protection agencies, and legal experts to ensure compliance with privacy laws and regulations;
e. send safety alerts and notifications to an account holder in a specific geographic area that has an increased risk of child exploitation; and
f. conduct regular audits and assessments to evaluate the effectiveness of the implemented monitoring and reporting measures and make necessary improvements.
4. a. (1) In the event that an account holder uses a minors name or likeness in more than 25 percent of the sponsored content for the account, the social media platform shall require verification that the account holder is the parent or guardian of the minors portrayed in the account holders sponsored content and is the primary account holder.
(2) A parent or guardian shall verify the account by providing to the social media platform the parent or guardians government-issued identification.
b. Upon verification pursuant to paragraph (2) of subsection a. of this section:
(1) the social media platform shall place a public banner on the account holders account page that clearly indicates the account holder is an adult; and
(2) the account may appear in the results of a search conducted by any account holder through the social medias platforms search function.
5. a. The Division of Consumer Affairs shall investigate consumer complaints alleging violations of, and enforce the provisions