All Roll Calls
Yes: 538 • No: 76
South CarolinaH 3431126th General Assembly (2025-2026)House
AN ACT TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING CHAPTER 80 TO TITLE 39 SO AS TO PROVIDE THAT A COVERED ONLINE SERVICE SHALL EXERCISE REASONABLE CARE IN THE USE OF MINORS' PERSONAL DATA, TO PROVIDE FOR CERTAIN REQUIREMENTS FOR COVERED ONLINE SERVICES, TO RESTRICT THE AMOUNT OF PERSONAL DATA OF A MINOR THAT MAY BE COLLECTED, TO PROVIDE FOR PARENTAL CONTROLS, TO PROVIDE FOR AN ANNUAL REPORT, AND TO PROVIDE FOR ENFORCEMENT.
Sponsored By: Wm. Weston J. Newton (Republican)
Signed by Governor
Summary
South Carolina Social Media Regulation Act
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Bill Overview
Analyzed Economic Effects
6 provisions identified: 6 benefits, 0 costs, 0 mixed.
Default safety and parental controls for kids
Beginning Feb 5, 2026, covered online services set the strongest safety and privacy settings by default for minors. When a service knows a user is a minor, all safeguards turn on automatically. Parents get easy tools on by default to manage settings, limit purchases, set time limits, and block use during times they choose (like school nights). The service must clearly tell the minor when parent monitoring is active. Kids and parents get simple controls to limit time, cap spending, limit who can contact or see the account, hide likes and views, and control location visibility. Services must also offer notification curfews for known minors: 10:00 p.m.–6:00 a.m. year‑round and, August–May, Monday–Friday 8:00 a.m.–3:00 p.m. in the child’s local time.
Limits on data, tracking, and ads for kids
Beginning Feb 5, 2026, covered online services may collect only the minimum data needed for the features a minor uses and may keep it only as long as needed. Age‑check data must be deleted after use. Precise location is not collected by default; if used, the child gets a clear notice. Services may not profile known minors, except as needed for the exact feature the child is using. Known minors are opted out of personalized recommendations by default, though they can choose simple preference‑based suggestions. Targeted ads to minors are banned, and services may not show known minors ads for drugs, tobacco, gambling, or alcohol.
Services must prevent harms to minors
Beginning Feb 5, 2026, covered online services must use reasonable care to prevent harms to minors. Harms include compulsive use, severe psychological or emotional harm, highly offensive privacy intrusions, identity theft, discrimination, and physical or financial injury.
Strong enforcement and treble damages
Beginning Feb 5, 2026, the Attorney General enforces this law. A violating service is liable for three times the financial damages it caused. Officers and employees can be held personally liable for willful and wanton violations.
No deceptive dark patterns for kids
Beginning Feb 5, 2026, covered online services may not use deceptive “dark patterns.” Using dark patterns is an unlawful trade practice under state law and can lead to penalties and damages.
Annual safety audits and clear info for families
Beginning Feb 5, 2026, each covered service must hire an independent auditor and issue a public report by July 1 every year, sent to the Attorney General. Reports cover minors’ access, harm reports, data use (including sensitive data), design safety, parental tools, age checks, and algorithms. Auditors must follow inspection practices, consult experts, and get full cooperation from the service. Services must also post clear, easy instructions on safety settings, privacy protections, and parental tools. If a service uses personalized recommendations, it must explain in its terms how they work for minors and how to opt out or control them. Services must provide easy ways for parents, minors, and schools to report harms, with urgent threats prioritized.
Sponsors & Cosponsors
Sponsor
Wm. Weston J. Newton
Republican • House
Cosponsors
Beth E. Bernstein
Democrat • House
Jeff Bradley
Republican • House
Paula Rawl Calhoon
Republican • House
Heather Ammons Crawford
Republican • House
Shannon S. Erickson
Republican • House
Jerry N. Govan, Jr.
Democrat • House
Brandon Guffey
Republican • House
Marvin "Mark" Smith
Republican • House
David Martin
Republican • House
John R. McCravy III
Republican • House
Fawn M. Pedalino
Republican • House
Thomas E. "Tommy" Pope
Republican • House
Robby Robbins
Republican • House
Travis A. Moore
Republican • House
Chris Wooten
Republican • House
Roll Call Votes
House vote • 1/14/2026
(South Carolina Social Media Regulation Act)Adopt Amendment 1A Amendment number 1A
Yes: 112 • No: 0
Senate vote • 5/6/2025
(South Carolina Social Media Regulation Act)3rd Reading
Yes: 45 • No: 0
Senate vote • 5/1/2025
(South Carolina Social Media Regulation Act)2nd Reading
Yes: 39 • No: 0
House vote • 2/20/2025
(South Carolina Social Media Regulation Act)Passage of Bill
Yes: 89 • No: 14
House vote • 2/19/2025
(South Carolina Social Media Regulation Act)Table Amendment 3 Amendment number 3
Yes: 72 • No: 30
House vote • 2/19/2025
(South Carolina Social Media Regulation Act)Passage of Bill
Yes: 90 • No: 17
House vote • 2/19/2025
(South Carolina Social Media Regulation Act)Table Amendment 2 Amendment number 2
Yes: 91 • No: 15
Actions Timeline
Act No. 96
2/6/2026legislatureEffective date 02/05/26
2/6/2026legislatureSigned By Governor
2/5/2026GovernorRatified R 100
2/3/2026legislatureConcurred in House amendment and enrolled
1/21/2026SenateRoll call Yeas-112 Nays-0
1/14/2026HouseReturned to Senate with amendments
1/14/2026HouseSenate amendment amended
1/14/2026HouseScrivener's error corrected
5/12/2025legislatureRoll call Ayes-45 Nays-0
5/6/2025SenateRead third time and returned to House with amendments
5/6/2025SenateAmended
5/6/2025SenateScrivener's error corrected
5/5/2025legislatureRoll call Ayes-39 Nays-0
5/1/2025SenateRead second time
5/1/2025SenateAmended
5/1/2025SenateCommittee Amendment Adopted
5/1/2025SenateCommittee report: Favorable with amendment Labor, Commerce and Industry
4/24/2025SenateReferred to Committee on Labor, Commerce and Industry
2/26/2025SenateIntroduced and read first time
2/26/2025SenateScrivener's error corrected
2/21/2025legislatureRoll call Yeas-89 Nays-14
2/20/2025HouseRead third time and sent to Senate
2/20/2025HouseRoll call Yeas-90 Nays-17
2/19/2025HouseRead second time
2/19/2025House
Bill Text
Introduced
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