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, with potential damages including actual damages, liquidated damages, and attorney's fees.

Additionally, the bill amends existing law to prohibit anyone other than a minor's parent or legal guardian from providing a passcode to disable the pornography filter on internet-accessible devices. Violating this provision will be classified as a misdemeanor, with fines and potential jail time for repeat offenders. The legislation emphasizes the responsibility of manufacturers and individuals in safeguarding minors from inappropriate content online.

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