The "Children's Default to Safety Act" aims to enhance protections for minors against harmful online content by mandating that manufacturers of smartphones and tablets automatically enable and passcode-protect filters that block access to material deemed harmful to minors. Effective January 1, 2026, these filters must be activated upon the device's activation in South Carolina, and manufacturers will face civil and criminal liabilities if they fail to comply. The bill also allows parents or legal guardians to take legal action against manufacturers for violations and establishes penalties for individuals who provide passcodes to bypass these filters, with exceptions only for parents or legal guardians.

Additionally, the bill amends Section 16-17-490 of the South Carolina Code to explicitly prohibit anyone other than a minor's parent or legal guardian from providing a passcode to remove the pornography filter on internet-accessible devices. Violators of this provision may face misdemeanor charges, fines, and potential jail time for repeat offenses. The act emphasizes the importance of safeguarding children from inappropriate content online and holds both manufacturers and individuals accountable for ensuring compliance with these new regulations.

Statutes affected:
12/05/2024: 16-17-490
Latest Version: 16-17-490