RELATING TO SOCIAL MEDIA.

SB2761

THE SENATE

S.B. NO.

2761

THIRTY-THIRD LEGISLATURE, 2026

STATE OF HAWAII

A BILL FOR AN ACT

relating
to social media
.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

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SECTION 1.
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The
legislature finds that social media companies function by compelling their
users to spend as much time as possible on their platforms.
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By generating revenue from advertising on
their platforms, social media companies operate under a model that encourages
optimization for users' time spent on the platform and resist any platform
changes, including safety changes, that could decrease stay time because every
minute spent on the platform increases profitability and the company's bottom
line.

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The legislature further finds that social
media companies employ a variety of features described as "coercive design
tactics", which foster psychological dependence and take advantage of the
same dopamine-inducing strategies employed by the gambling industry to make the
platform as addictive as possible and keep users returning and spending as much
time as possible on the social media platform.
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These tactics are particularly harmful to children because children have
minimal ability to self-regulate effectively and lack executive function to
control their screen time.
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The legislature notes that while profits
and social media bases have soared, the impact on children in the State has
been devastating, with the United States as a whole experiencing what the
United States Surgeon General has called a "youth mental health
crisis".
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Studies have found that
social media use is associated with an increase in inattentiveness, one of the
core symptoms of attention deficit hyperactivity disorder, even after
accounting for other factors such as genetic risk for the disorder or family
income.

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The legislature also finds that some social
media companies have implemented age verification systems and made other efforts
to protect minor users.
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However, the
legislature believes these actions to be inadequate.
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Reporters and non-profits have been able to
create fake accounts that allow them to pass as children and children have no
problem creating fake accounts that allow them to pass as adults.

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The legislature further finds that other
countries have taken action to address the shortfall of social media companies'
self-regulation.
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For example, in 2024, Australia
passed a law banning social media for children under the age of sixteen, which has
resulted in the deletion of nearly five million accounts in the first month
since the law went into effect.
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The
legislature believes that similar legislation is necessary to protect the
State's children from the dangers posed by social media use.

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Accordingly, the purpose of this Act is to:

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(1)
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Prohibit
social media platforms from allowing individuals under sixteen years of age
from
creating or maintaining an account or profile if the social media
platform knows that the individual is under sixteen years of age; and

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(2)
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Require
social media platforms to take certain actions to prevent individuals under
sixteen years of age from creating or maintaining an account or profile on the
social media platform.

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SECTION 2.
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Chapter 481B, Hawaii Revised Statutes, is amended by adding a new
section to part I to be appropriately designated and to read as follows:

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"
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481B-
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Social media platforms; use by individuals
under sixteen years of age prohibited.
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(a)
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A social media
platform shall not allow an individual to create or maintain an account or
profile if the social media platform knows that the individual is under sixteen
years of age.

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(b)
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A social media platform shall take reasonable steps to prevent
individuals under sixteen years of age from creating or maintaining an account
or profile on the social media platform, including but not limited to:

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(1)
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Requiring
individuals to input the individual's age when creating an account; and

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(2)
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Terminating
any account or profile of a user who the social media platform knows is under
sixteen years of age.

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(c)
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Any violation of this section shall be considered an unfair or deceptive
act or practice under this chapter.

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(d)
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As used in this section, "social media platform" means a
public website, online service, online application, or mobile application with
the primary purpose of socialization where users can directly communicate with
each other, share images or videos with the public, and that may use algorithms
to steer certain content toward certain audiences.
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"Social media platform" does not
include a platform with the primary purpose of:

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(1)
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Business
transactions;

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(2)
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Selling
merchandise;

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(3)
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Video
games and gaming;

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(4)
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Videoconferencing
services;

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(5)
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Crowd-sourced
reference guides;

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(6)
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Cloud-storage
or file storage; or

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(7)
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Educational
material.
"

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SECTION 3.
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This Act does not affect rights and duties that matured, penalties that
were incurred, and proceedings that were begun before its effective date.

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SECTION 4.
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New statutory material is underscored.

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SECTION 5.
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This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________

Report Title:

Social
Media Platforms; Individuals Under Sixteen Years of Age; Prohibition; Unfair or
Deceptive Practices

Description:

Prohibits
social media platforms from allowing individuals under sixteen years of age
from
creating or maintaining an account or profile if the social media
platform knows that the individual is under sixteen years of age.
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Requires social media platforms to take
certain actions to prevent individuals under sixteen years of age from creating
or maintaining an account or profile on the social media platform.

The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.