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UNOFFICIAL COPY 26 RS BR 1118
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AN ACT relating to the protection of minors on digital platforms. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
SECTION 1. A NEW SECTION OF KRS CHAPTER 367 IS CREATED TO 3
READ AS FOLLOWS: 4
As used in Sections 1 to 5 of this Act: 5
(1) "Addictive feed" means content recommended, selected, or prioritized for display 6
to a user based, in whole or in part, on info rmation associated with that user or 7
the user's device, including but not limited to data gathered about the user's past 8
behavior, viewing history, interaction patterns, or demographic profile; 9
(2) "Minor" means an individual who is under the age of eighteen (18); 10
(3) "Nonaddictive feed" means a presentation of content to a user that is displayed: 11
(a) In a linear, chronological order based only on the time the content was 12
uploaded by accounts the user explicitly follows; or 13
(b) Only in response to a specific, nonprepopulated search query initiated by 14
the user; 15
(4) "Social media platform" means any public -facing internet website, web 16
application, or mobile application that: 17
(a) Is primarily used to connect with other users; 18
(b) Allows users to create, upload, and view content; and 19
(c) Has more than five hundred thousand (500,000) unique monthly users 20
located in the Commonwealth; and 21
(5) "Verifiable parental consent" means cons ent obtained through a commercially 22
reasonable method that requires the platform to obtain information that enables 23
the platform to reasonably ensure the individual providing consent is the minor's 24
parent or legal guardian. 25
SECTION 2. A NEW SECTION OF KRS CHAPTER 367 IS CREATED TO 26
READ AS FOLLOWS: 27
UNOFFICIAL COPY 26 RS BR 1118
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(1) (a) A social media platform shall not provide a minor with an addictive feed 1
without first obtaining verifiable parental consent. Without a verifiable 2
parental consent, a so cial media platform shall only provide a nonaddictive 3
feed to a minor. Upon obtaining verifiable parental consent, a social media 4
platform may provide an addictive feed to the minor. 5
(b) A social media platform shall not deny access to its basic functiona lity or 6
service to any user solely because verifiable parental consent to use an 7
addictive feed has been withheld. 8
(2) A social media platform shall implement technical measures to prohibit the 9
sending of push notifications to a minor between the hours of 12 midnight and 6 10
a.m., unless the social media platform first obtains verifiable parental consent 11
allowing such notifications. 12
SECTION 3. A NEW SECTION OF KRS CHAPTER 367 IS CREATED TO 13
READ AS FOLLOWS: 14
(1) A social medi a platform shall use commercially reasonable and technically 15
feasible methods to determine the age of a user with a specified level of accuracy 16
upon account creation. 17
(2) Any personal information collected by a social media platform for the sole 18
purpose of determining age or obtaining verifiable parental consent shall: 19
(a) Not be used, retained, or disclosed for any other purpose, including 20
advertising, marketing, or behavioral profiling; and 21
(b) Be deleted or deidentified immediately after its intended use for age 22
verification or consent acquisition is complete. 23
(3) A social media platform shall not permit a minor to conduct any purchase or 24
engage in any financial transaction, including but not limited to in -app 25
purchases, microtransactions, or transferring funds, without an explicit, separate, 26
and verifiable parental consent for each transaction. 27
UNOFFICIAL COPY 26 RS BR 1118
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SECTION 4. A NEW SECTION OF KRS CHAPTER 367 IS CREATED TO 1
READ AS FOLLOWS: 2
(1) A social media platform shall develop and implem ent a proactive strategy to 3
prevent a known minor's exposure to harmful material, which includes content 4
that promotes, glorifies, or facilitates: 5
(a) Suicide, self-harm, or eating disorders; 6
(b) Substance abuse; or 7
(c) Stalking, bullying, or harassment. 8
(2) The proactive strategy required under subsection (1) of this section shall include 9
the use of filtering technology to block such harmful material from being 10
displayed to a known minor. 11
(3) (a) The Attorney General may enforce violations of Sections 1 to 5 of this Act. 12
(b) Any violation of Sections 1 to 5 of this Act shall be considered an unlawful 13
act under KRS 367.170. 14
(c) The Attorney General may initiate a civil action for a violation of Sections 1 15
to 5 of this Act and seek: 16
1. Up to five thousand dollars ($5,000) for the first violation; 17
2. Up to ten thousand dollars ($10,000) for each subsequent violation; 18
and 19
3. Reasonable expenses incurred in investigating and preparing the case, 20
court costs, attorney's fees, and any other relief ordered by the court. 21
(d) In addition to enforcement by the Attorney General, a parent or legal 22
guardian of a minor who has been harmed by a v iolation of Sections 1 to 5 23
of this Act may bring a civil action in a court of competent jurisdiction 24
against a social media platform to obtain a declaratory judgment that the 25
platform is in noncompliance with Sections 1 to 5 of this Act. 26
SECTION 5. A NEW SECTION OF KRS CHAPTER 367 IS CREATED TO 27
UNOFFICIAL COPY 26 RS BR 1118
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READ AS FOLLOWS: 1
If any provision of Sections 1 to 5 of this Act or its application to any person or 2
circumstance is held invalid, the invalidity shall not affect other provisions or 3
applications of Sections 1 to 5 of this Act which can be given effect without the invalid 4
provision or application, and to this end the provisions of Sections 1 to 5 of this Act are 5
severable. 6
Section 6. This Act may be cited as the Youth Online Safety Act. 7
Section 7. This Act takes effect January 1, 2027. 8