(1) Except as provided in subsection (3) of this section, a covered interactive computer service provider shall not, in connection with offering covered interactive computer services to a minor, or to a minor’s parent or legal guardian for use by the minor, knowingly make any false or misleading oral or written statement, visual description or other representation regarding the covered interactive computer service that may, tends to, or does deceive or mislead any person, including, without limitation:(a) Falsely representing that the covered interactive computer service is not addictive to minor users when, in fact, it contains design features that make it addictive to minor users;(b) Falsely representing that the covered interactive computer service is safe for minor users when, in fact, evidence based data establishes it is harmful for minor users;(c) Failing to disclose to minor users or their parents or legal guardians the harmful effects to minors of using the covered interactive computer service, including any failure to disclose the frequency, scope, and severity of such harms;(d) Falsely representing the adequacy and efficacy of the covered interactive computer service’s efforts to prevent harms to minor users.(e) Failing to warn minor users or their parents or legal guardians of the harmful effects to minors of using the covered interactive computer service, including any failure to warn of the frequency, scope, and severity of such harms;
(a) Falsely representing that the covered interactive computer service is not addictive to minor users when, in fact, it contains design features that make it addictive to minor users;
(b) Falsely representing that the covered interactive computer service is safe for minor users when, in fact, evidence based data establishes it is harmful for minor users;
(c) Failing to disclose to minor users or their parents or legal guardians the harmful effects to minors of using the covered interactive computer service, including any failure to disclose the frequency, scope, and severity of such harms;
(d) Falsely representing the adequacy and efficacy of the covered interactive computer service’s efforts to prevent harms to minor users.
(e) Failing to warn minor users or their parents or legal guardians of the harmful effects to minors of using the covered interactive computer service, including any failure to warn of the frequency, scope, and severity of such harms;
(2) A covered interactive computer service that contains design features that make it addictive to a minor, or that are offered to a minor or a minor’s parent or legal guardian on behalf of a minor in violation of the requirements of this section, are considered defective products for purposes of Mississippi law.
(3) Exemptions. (a) The provisions of this section shall not apply to any bona fide news or public interest broadcast or report and shall not be construed to affect the rights of any news-gathering organization.(b) A search engine or cloud service provider shall not be held to have violated the provisions of this section solely for providing access or connection to a covered interactive computer service not under the search engine or cloud service provider’s control.(c) The provisions of this section shall not apply to a covered interactive computer service that is a broadband provider, an electronic mail service, a text message service, a telephone service, an e-commerce platform, or a video streaming service.(d) The provisions of this section shall not apply to any use or attempted use of a covered interactive computer service by a minor while the minor is physically located outside the State of Mississippi at the time of the use or attempted use.
(a) The provisions of this section shall not apply to any bona fide news or public interest broadcast or report and shall not be construed to affect the rights of any news-gathering organization.
(b) A search engine or cloud service provider shall not be held to have violated the provisions of this section solely for providing access or connection to a covered interactive computer service not under the search engine or cloud service provider’s control.
(c) The provisions of this section shall not apply to a covered interactive computer service that is a broadband provider, an electronic mail service, a text message service, a telephone service, an e-commerce platform, or a video streaming service.
(d) The provisions of this section shall not apply to any use or attempted use of a covered interactive computer service by a minor while the minor is physically located outside the State of Mississippi at the time of the use or attempted use.