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Full Text of SB3264
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SB3264 - 104th General Assembly
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Senate Amendment 001
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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB3264
Introduced 2/3/2026, by Sen. Rachel Ventura
SYNOPSIS AS INTRODUCED:
New Act
815 ILCS 505/2MMMMM new
Creates the Online Safety Act. Provides that, no later than January 1,
2027, an owner of a social media platform shall: (1) incorporate an online
safety center into the social media platform that provides consumers with
specified educational resources; and (2) establish a cyberbullying policy
for the social media platform. Provides for restrictions on personal data
processors that offers any online service, product, or feature to minors.
Provides that a violation of the Act constitutes an unlawful practice
under the Consumer Fraud and Deceptive Business Practices Act. Amends the
Consumer Fraud and Deceptive Business Practices Act to make a conforming
change. Effective January 1, 2027.
LRB104 19686 SPS 33135 b
A BILL FOR
SB3264
LRB104 19686 SPS 33135 b
1
AN ACT concerning business.
2
Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:
4
Section 1.
Short title.
This Act may be cited as the
Online
5
Safety Act.
6
Section 5.
Definitions.
As used in this Act:
7
"Consumer" means an individual who is a resident of this
8
State and a user of an online platform.
9
"Controller" means a person who, alone or jointly with
10
others, determines the purpose and means of processing
11
personal data.
12
"Cyberbullying" means any act, carried out on a social
13
media platform, that:
14
(1) is reasonably likely to cause physical or
15
emotional harm to a consumer or place a consumer in fear of
16
physical or emotional harm; or
17
(2) infringes on any right afforded to a consumer
18
under State or federal law.
19
"Owner" means a person who owns a social media platform.
20
"Person" means an individual, association, corporation,
21
limited liability company, partnership, trust, or other legal
22
entity.
23
"Social media platform" means a public or semi-public
SB3264
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LRB104 19686 SPS 33135 b
1
Internet-based service or application that:
2
(1) is used by a consumer in this State;
3
(2) is primarily intended to connect and allow users
4
to socially interact within the service or application;
5
and
6
(3) enables a user to:
7
(A) construct a public or semi-public profile for
8
the purposes of signing in to and using the service or
9
application;
10
(B) populate a public list of other users with
11
whom the user shares a social connection within the
12
service or application; and
13
(C) create or post content that is viewable by
14
other users, including, but not limited to, on message
15
boards, in chat rooms, or through a landing page or
16
main feed that presents the user with content
17
generated by other users.
18
"Social media platform" does not include a public or
19
semi-public Internet-based service or application that:
20
(1) exclusively provides electronic mail or direct
21
messaging services;
22
(2) primarily consists of news, sports, entertainment,
23
interactive video games, electronic commerce, or content
24
that is preselected by the provider or for which any chat,
25
comments, or interactive functionality is incidental to,
26
directly related to, or dependent on the provision of the
SB3264
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1
content; or
2
(3) is used by and under the direction of an
3
educational entity, including, but not limited to, a
4
learning management system or a student engagement
5
program.
6
Section 10.
Social media platform requirements.
7
(a) No later than January 1, 2027, an owner shall
8
incorporate an online safety center into its social media
9
platform. The online safety center shall, at a minimum,
10
provide consumers with:
11
(1) resources for the purpose of preventing
12
cyberbullying on the social media platform and enabling
13
any consumer to identify available means to obtain mental
14
health services, including, but not limited to, a website
15
address or telephone number where the consumer may obtain
16
mental health services for the treatment of an anxiety
17
disorder or the prevention of suicide;
18
(2) an explanation of the social media platform's
19
mechanism for reporting harmful or unwanted behavior,
20
including, but not limited to, cyberbullying, on the
21
social media platform; and
22
(3) educational information concerning the impact that
23
social media platforms may have on the mental health of
24
users.
25
(b) No later than January 1, 2027, an owner shall
SB3264
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LRB104 19686 SPS 33135 b
1
establish a cyberbullying policy for the social media
2
platform. The policy shall, at a minimum, set forth the manner
3
in which the owner handles reports of cyberbullying on the
4
social media platform.
5
Section 15.
Protections for minors.
6
(a) A controller that offers any online service, product,
7
or feature to consumers, that the controller has actual
8
knowledge or willfully disregards as being minors, shall not:
9
(1) provide any consent mechanism that is designed to
10
substantially subvert or impair user autonomy,
11
decision-making, or choice or that is manipulated with the
12
effect of substantially subverting or impairing user
13
autonomy, decision-making, or choice;
14
(2) except as provided in subsection (b), offer any
15
direct messaging apparatus for use by minors unless:
16
(A) the controller provides readily accessible and
17
easy-to-use safeguards to enable any minor, or any
18
minor's parent or legal guardian, to prevent any adult
19
from sending any unsolicited communication to the
20
minor, unless the minor and adult are already
21
connected on the online service, product, or feature;
22
and
23
(B) the safeguards required under subparagraph (A)
24
are a default setting; and
25
(3) except as provided in subsection (c), use any
SB3264
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LRB104 19686 SPS 33135 b
1
system design feature to significantly increase, sustain,
2
or extend any minor's use of the online service, product,
3
or feature.
4
(b) The restrictions provided for in paragraph (2) of
5
subsection (a) do not apply to services where the predominant
6
or exclusive function is:
7
(1) electronic mail; or
8
(2) direct messaging consisting of text, photos, or
9
videos that are sent between devices by electronic means,
10
if the messages are:
11
(A) shared only between the sender and the
12
recipient;
13
(B) visible only to the sender and the recipient;
14
and
15
(C) not posted publicly.
16
(c) The restrictions provided for in paragraph (3) of
17
subsection (a) do not apply to any service or application that
18
is used by and under the direction of an educational entity,
19
including, but not limited to, a learning management system or
20
a student engagement program.
21
Section 20.
Enforcement.
A violation of this Act
22
constitutes an unlawful practice under the Consumer Fraud and
23
Deceptive Business Practices Act. All remedies, penalties, and
24
authority granted to the Attorney General by the Consumer
25
Fraud and Deceptive Business Practices Act shall be available
SB3264
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LRB104 19686 SPS 33135 b
1
to the Attorney General for the enforcement of this Act.
2
Section 90.
The Consumer Fraud and Deceptive Business
3
Practices Act is amended by adding Section 2MMMMM as follows:
4
(815 ILCS 505/2MMMMM new)
5
Sec. 2MMMMM.
Violations of the Online Safety Act.
Any
6
person who violates the Online Safety Act commits an unlawful
7
practice within the meaning of this Act.
8
Section 97.
Severability.
The provisions of this Act are
9
severable under Section 1.31 of the Statute on Statutes.
10
Section 99.
Effective date.
This Act takes effect January
11
1, 2027.
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