App store providers and developers; require to obtain age verification and parental consent for minor's activity.

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To: Judiciary A
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Powell

HOUSE BILL NO. 708

AN ACT TO REQUIRE APP STORE PROVIDERS TO REQUEST AND VERIFY A 1
USER'S AGE CATEGORY AT THE TIME THE USER CREATES AN ACCOUNT, TO 2
REQUIRE A MINOR'S ACCOUNT TO BE AFFILIATED WITH A PARENT ACCOUNT, 3
TO OBTAIN VERIFIABLE PARENTAL CONSENT BEFORE ALLOWING THE MINOR TO 4
DOWNLOAD AN APP, PURCHASE AN APP, OR MAKE AN IN-APP PURCHASE, AND 5
TO SHARE AGE CATEGORY DATA WITH DEVELOPERS; TO PROHIBIT APP STORE 6
PROVIDERS AND DEVELOPERS FROM ENFORCING CONTRACTS AGAINST MINORS 7
WITHOUT VERIFIABLE PARENTAL CONSENT AND FROM MISREPRESENTING 8
PARENTAL CONSENT DISCLOSURES; TO REQUIRE DEVELOPERS TO VERIFY AGE 9
CATEGORY DATA OF ACCOUNT HOLDERS AND TO DETERMINE WHETHER 10
VERIFIABLE PARENTAL CONSENT HAS BEEN OBTAINED; TO REQUIRE THE 11
OFFICE OF CONSUMER PROTECTION TO ESTABLISH STANDARDS FOR AGE 12
VERIFICATION METHODS; TO CREATE A PRIVATE RIGHT OF ACTION FOR 13
PARENTS OF MINORS HARMED BY A VIOLATION OF THIS ACT; TO AUTHORIZE 14
THE ATTORNEY GENERAL TO BRING AN ACTION AGAINST AN APP STORE 15
PROVIDER OR A DEVELOPER WHO VIOLATES THIS ACT; TO PROVIDE A SAFE 16
HARBOR FOR COMPLIANT DEVELOPERS; TO AMEND SECTION 75-24-5, 17
MISSISSIPPI CODE OF 1972, TO PROVIDE THAT A VIOLATION OF THIS ACT 18
IS AN UNFAIR METHOD OF COMPETITION OR UNFAIR OR DECEPTIVE TRADE 19
PRACTICE UNDER THE CONSUMER PROTECTION LAWS; TO BRING FORWARD 20
SECTIONS 45-38-3 THROUGH 45-38-13, MISSISSIPPI CODE OF 1972, WHICH 21
ARE THE PROVISIONS OF THE WALKER MONTGOMERY PROTECTING CHILDREN 22
ONLINE ACT, FOR THE PURPOSES OF POSSIBLE AMENDMENT; AND FOR 23
RELATED PURPOSES. 24
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 25
SECTION 1. Definitions. As used in this act, the following 26
terms shall be defined as provided in this section, unless the 27
context clearly indicates otherwise: 28
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(a) "Account holder" means the individual who is 29
associated with the mobile device. 30
(b) "Age category" means one (1) of the following 31
categories of individuals based on age: 32
(i) "Child", which means an individual who is 33
under thirteen (13) years old; 34
(ii) "Younger teenager", which means an individual 35
who is at least thirteen (13) years old and under sixteen (16) 36
years old; 37
(iii) "Older teenager", which means an individual 38
who is at least sixteen (16) years old and under eighteen (18) 39
years old; or 40
(iv) "Adult", which means an individual who is at 41
least eighteen (18) years old. 42
(c) "Age category data" means information about an 43
account holder's age category that is collected by an app store 44
provider and is shared with a developer. 45
(d) "Age rating" means one or more classifications that 46
assess the suitability of an app's content and functions for 47
different age groups. 48
(e) "App" means a software application or electronic 49
service that a user may run or direct on a mobile device. 50
(f) "App store" means a publicly available website, 51
software application or electronic service that allows account 52
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holders to download apps from third-party developers onto a mobile 53
device. 54
(g) "App store provider" means a person that owns, 55
operates or controls an app store that allows account holders in 56
the state to download apps onto a mobile device. 57
(h) "Content description" means a description of the 58
specific content elements or functions that informed an app's age 59
rating. 60
(i) "Developer" means a person that owns or controls an 61
app made available through an app store in the state. 62
(j) "Knowingly" means to act with actual knowledge or 63
to act with knowledge fairly inferred based on objective 64
circumstances. 65
(k) "Minor" means an individual under eighteen (18) 66
years old unless the individual is married or legally emancipated. 67
(l) "Minor account" means an account with an app store 68
provider that is established by an individual who is a minor. A 69
minor account must be affiliated with a parent account. 70
(m) "Mobile device" means a phone or general-purpose 71
tablet that: 72
(i) Provides cellular or wireless connectivity; 73
(ii) Is capable of connecting to the Internet; 74
(iii) Runs a mobile operating system; and 75
(iv) Is capable of running apps through the mobile 76
operating system. 77
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(n) "Mobile operating system" means software that: 78
(i) Manages mobile device hardware resources; 79
(ii) Provides common services for mobile device 80
programs; 81
(iii) Controls memory allocation; and 82
(iv) Provides interfaces for apps to access device 83
functionality. 84
(o) "Office" means the Office of Consumer Protection 85
within the Office of the Attorney General. 86
(p) "Parent" means, with respect to a minor, an 87
individual who is reasonably believed to be a parent, a legal 88
guardian, an individual with legal custody, or any other 89
individual who has the legal authority to make decisions on behalf 90
of the minor under applicable state law. 91
(q) "Parent account" means an account with an app store 92
provider that: 93
(i) Is verified to be established by an individual 94
who the app store provider has determined is at least eighteen 95
(18) years old, or married, or emancipated through the app store 96
provider's age verification methods; and 97
(ii) May be affiliated with one or more minor 98
accounts. 99
(r) "Parental consent disclosure" means the following 100
information: 101
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(i) If the app store provider has an age rating 102
for the app or in-app purchase, the app's or in-app purchase's age 103
rating; 104
(ii) If the app store provider has a content 105
description for the app or in-app purchase, the app's or in-app 106
purchase's content description; 107
(iii) A description of: 108
1. The personal data collected by the app 109
from an account holder; and 110
2. The personal data shared by the app with a 111
third party; and 112
(iv) If personal data is collected by the app, the 113
methods implemented by the developer to protect the personal data. 114
(s) "Significant change" means a material modification 115
to an app's terms of service or privacy policy that: 116
(i) Changes the categories of data collected, 117
stored or shared; 118
(ii) Alters the app's age rating or content 119
descriptions; 120
(iii) Adds new monetization features, including: 121
1. In-app purchases; or 122
2. Advertisements; or 123
(iv) Materially changes the app's: 124
1. Functionality; or 125
2. User experience. 126
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(t) "Verifiable parental consent" means authorization 127
that: 128
(i) Is provided by a parent account; 129
(ii) Is given after the app store provider has 130
clearly and conspicuously provided the parental consent disclosure 131
as part of the app download, purchase or in-app purchase process; 132
and 133
(iii) Requires the parent to make an affirmative 134
choice to: 135
1. Grant consent; or 136
2. Decline consent. 137
SECTION 2. App store provider requirements. (1) An app 138
store provider shall: 139
(a) At the time an individual who is located in the 140
state creates an account with the app store provider: 141
(i) Request age category information from the 142
individual; and 143
(ii) Verify the individual's age category using: 144
1. Commercially available methods that are 145
reasonably designed to ensure accuracy; or 146
2. An age verification method or process that 147
complies with rules adopted by the office under Section 4 of this 148
act. 149
(b) If the app store provider determines the individual 150
is a minor: 151
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(i) Require the account to be affiliated with a 152
parent account; and 153
(ii) Obtain verifiable parental consent from the 154
holder of the affiliated parent account each time before allowing 155
the minor to: 156
1. Download an app; 157
2. Purchase an app; or 158
3. Make an in-app purchase; 159
(c) After receiving notice of a significant change from 160
a developer: 161
(i) Notify the account holder of the significant 162
change; and 163
(ii) For a minor account: 164
1. Notify the parent account; and 165
2. Obtain renewed verifiable parental 166
consent; 167
(d) Provide to a developer, in response to a request 168
authorized under Section 3 of this act: 169
(i) Age category data for an account holder 170
located in the state; and 171
(ii) The status of verifiable parental consent for 172
a minor located in the state; 173
(e) Notify a developer when a parent revokes verifiable 174
parental consent; and 175
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(f) Protect age category data and any associated 176
verification data by: 177
(i) Limiting collection and processing to data 178
necessary for: 179
1. Verifying an account holder's age 180
category; 181
2. Obtaining verifiable parental consent; or 182
3. Maintaining compliance records; and 183
(ii) Transmitting age category data using 184
industry-standard encryption protocols that ensure data integrity 185
and data confidentiality. 186
(2) An app store provider may not: 187
(a) Enforce a contract or terms of service against a 188
minor unless the app store provider has obtained verifiable 189
parental consent; 190
(b) Knowingly misrepresent the information in the 191
parental consent disclosure; or 192
(c) Share age category data and any associated data 193
except as required by this act or otherwise required by law. 194
SECTION 3. Developer requirements. (1) A developer shall: 195
(a) Verify through the app store's data sharing methods 196
the age category data of account holders located in the state, and 197
for a minor's account, whether verifiable parental consent has 198
been obtained; 199
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(b) Notify app store providers of a significant change 200
to an app; 201
(c) Use age category data received through the app 202
store's data sharing methods to: 203
(i) Enforce any developer-created age-related 204
restrictions, safety-related features, or defaults; and 205
(ii) Ensure compliance with applicable laws and 206
regulations; 207
(d) Request age category data or verifiable parental 208
consent: 209
(i) At the time an account holder: 210
1. Downloads an app; or 211
2. Purchases an app; 212
(ii) When implementing a significant change to the 213
app; or 214
(iii) To comply with applicable law. 215
(2) A developer may request age category data: 216
(a) No more than once during each twelve-month period 217
to verify: 218
(i) The accuracy of age category data associated 219
with an account holder; or 220
(ii) Continued account use within the age 221
category; 222
(b) When there is reasonable suspicion of: 223
(i) Account transfer; or 224
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(ii) Misuse outside of the age category; or 225
(c) At the time an account holder creates a new account 226
with the developer. 227
(3) When implementing any developer-created age-related 228
restrictions, safety-related features, or defaults, a developer 229
shall use the lowest age category indicated by: 230
(a) Age category data received through the app store's 231
data sharing methods; or 232
(b) Age data independently collected by the developer. 233
(4) A developer may not: 234
(a) Enforce a contract or terms of service against a 235
minor unless the developer has verified through an app store's 236
data sharing methods that verifiable parental consent has been 237
obtained; 238
(b) Knowingly misrepresent any information in the 239
parental consent disclosure; or 240
(c) Share age category data with any person. 241
SECTION 4. Rulemaking. The Attorney General shall adopt 242
rules to establish definite processes and means by which an app 243
store provider may verify an account holder's age category in 244
accordance with Section 2(1)(a)(ii) of this act. 245
SECTION 5. Enforcement. (1) Private right of action. 246
(a) A minor, or the parent of a minor, who has been 247
harmed by a violation of this act may bring a civil action against 248
an app store provider or a developer. 249
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(b) In such an action, the court shall award a 250
prevailing plaintiff: 251
(i) The greater of actual damages or One Thousand 252
Dollars ($1,000.00) for each violation; 253
(ii) Punitive damages if the violation was 254
egregious; 255
(iii) Reasonable attorney's fees; and 256
(iv) Litigation costs. 257
(2) State enforcement. 258
(a) A violation of this act is a false, misleading or 259
deceptive act or practice as prohibited under Section 75-24-5. 260
(b) In addition to any other remedy available under 261
state law, the Attorney General may bring an action against an app 262
store provider or a developer to: 263
(i) Recover a civil penalty not to exceed Seven 264
Thousand Five Hundred Dollars ($7,500.00) for each violation; 265
(ii) Restrain or enjoin the app store provider or 266
developer from violating this act; 267
(iii) Seek injunctive relief; 268
(iv) Recover reasonable attorney's fees; and 269
(v) Recover litigation costs and the costs of 270
investigating the violation. 271
SECTION 6. Safe harbor. (1) A developer is not liable for 272
a violation of this act if the developer demonstrates that the 273
developer: 274
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(a) Relied in good faith on applicable age category 275
data received through an app store's data sharing methods; and 276
(b) Relied in good faith on notification from an app 277
store provider that verifiable parental consent was obtained if 278
the account holder was a minor; and 279
(c) Complied with the requirements described in Section 280
3 of this act. 281
(2) In determining an app's age rating and content 282
description for purposes of Section 3(4)(b) of this act, a 283
developer is not liable for a violation of this act if the 284
developer: 285
(a) Uses widely adopted industry standards to determine 286
the app's age category and content description; and 287
(b) Applies those standards consistently and in good 288
faith. 289
(3) The safe harbor described in this Section 6: 290
(a) Applies only to actions brought under this act; and 291
(b) Does not limit a developer or app store provider's 292
liability under any other applicable law. 293
(4) Nothing in this act shall displace any other available 294
remedies or rights authorized under the laws of this state or the 295
United States. 296
SECTION 7. Application and limitations. Nothing in this act 297
shall be construed to: 298
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(a) Prevent an app store provider or developer from 299
taking reasonable measures to: 300
(i) Block, detect or prevent distribution to 301
minors of: 302
1. Unlawful material; 303
2. Obscene material; or 304
3. Other harmful material; 305
(ii) Block or filter spam; 306
(iii) Prevent criminal activity; or 307
(iv) Protect app store or app security; 308
(b) Require an app store provider to disclose user 309
information to a developer beyond age category data; 310
(c) Allow an app store provider or developer to 311
implement measures required by this act in a manner that is 312
arbitrary, capricious, anticompetitive or unlawful; 313
(d) Require an app store provider or developer to 314
obtain verifiable parental consent for an app that meets all 315
conditions of this paragraph (d): 316
(i) Provides direct access to emergency services, 317
including: 318
1. 911; 319
2. Crisis hotlines; or 320
3. Emergency assistance services legally 321
available to minors; 322
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(ii) Limits data collection to information 323
necessary to provide emergency services in compliance with the 324
federal Children's Online Privacy Protection Act, 15 USC Section 325
6501 et seq.; 326
(iii) Provides access without requiring: 327
1. Account creation; or 328
2. Collection of unnecessary personal 329
information; and 330
(iv) Is operated by or in partnership with: 331
1. A government entity; 332
2. A nonprofit organization; or 333
3. An authorized emergency service provider; 334
(e) Require a developer to collect, retain, reidentify 335
or link any information beyond what is: 336
(i) Necessary to verify age category data as 337
required by this act; and 338
(ii) Collected, retained, reidentified or linked 339
in the developer's ordinary course of business; or 340
(f) Relieve a developer of its obligation to conduct 341
age verification as otherwise required by law, including by the 342
Walker Montgomery Protecting Children Online Act, Section 45-38-1 343
et seq. A developer may rely on age category obtained under this 344
act to the extent those signals satisfy the requirements of 345
applicable law; however, a developer must also comply with the age 346
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verification requirements of the Walker Montgomery Protecting 347
Children Online Act. 348
SECTION 8. Severability. (1) If any provision of this act 349
or the application of any provision to any person or circumstance 350
is held invalid by a final decision of a court of competent 351
jurisdiction, the remainder of this act shall be given effect 352
without the invalid provision or application. 353
(2) The provisions of this act are severable. 354
SECTION 9. Section 75-24-5, Mississippi Code of 1972, is 355
amended as follows: 356
75-24-5. (1) Unfair methods of competition affecting 357
commerce and unfair or deceptive trade practices in or affecting 358
commerce are prohibited. Action may be brought under Section 359
75-24-5(1) only under the provisions of Section 75-24-9. 360
(2) Without limiting the scope of subsection (1) of this 361
section, the following unfair methods of competition and unfair or 362
deceptive trade practices or acts in the conduct of any trade or 363
commerce are * * * prohibited: 364
(a) Passing off goods or services as those of another; 365
(b) Misrepresentation of the source, sponsorship, 366
approval, or certification of goods or services; 367
(c) Misrepresentation of affiliation, connection, or 368
association with, or certification by another; 369
(d) Misrepresentation of designations of geographic 370
origin in connection with goods or services; 371
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(e) Representing that goods or services have 372
sponsorship, approval, characteristics, ingredients, uses, 373
benefits, or quantities that they do not have or that a person has 374
a sponsorship, approval, status, affiliation, or connection that 375
he does not have; 376
(f) Representing that goods are original or new if they 377
are reconditioned, reclaimed, used, or secondhand; 378
(g) Representing that goods or services are of a 379
particular standard, quality, or grade, or that goods are of a 380
particular style or model, if they are of another; 381
(h) Disparaging the goods, services, or business of 382
another by false or misleading representation of fact; 383
(i) Advertising goods or services with intent not to 384
sell them as advertised; 385
(j) Advertising goods or services with intent not to 386
supply reasonably expectable public demand, unless the 387
advertisement discloses a limitation of quantity; 388
(k) Misrepresentations of fact concerning the reasons 389
for, existence of, or amounts of price reductions; 390
(l) Advertising by or on behalf of any licensed or 391
regulated health care professional which does not specifically 392
describe the license or qualifications of the licensed or 393
regulated health care professional; 394
(m) Charging an increased premium for reinstating a 395
motor vehicle insurance policy that was cancelled or suspended by 396
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the insured solely for the reason that he was transferred out of 397
this state while serving in the United States Armed Forces or on 398
active duty in the National Guard or United States Armed Forces 399
Reserve. It is also an unfair practice for an insurer to charge 400
an increased premium for a new motor vehicle insurance policy if 401
the applicant for coverage or his covered dependents were 402
previously insured with a different insurer and canceled that 403
policy solely for the reason that he was transferred out of this 404
state while serving in the United States Armed Forces or on active 405
duty in the National Guard or United States Armed Forces Reserve. 406
For purposes of determining premiums, an insurer shall consider 407
such persons as having maintained continuous coverage. The 408
provisions of this paragraph (m) shall apply only to such 409
instances when the insured does not drive the vehicle during the 410
period of cancellation or suspension of his policy; 411
(n) Violating the provisions of Section 75-24-8; 412
(o) Violating the provisions of Section 73-3-38; 413
(p) Violating any of the provisions of Title 41, 414
Chapter 149, Mississippi Code of 1972; * * * 415
(q) Violating any of the provisions of Title 45, 416
Chapter 38, Mississippi Code of 1972 * * *; 417
(r) Violating any of the provisions of Title 41, 418
Chapter 151, Mississippi Code of 1972 * * *; and 419
(s) Violating any of the provisions of Sections 1 420
through 8 of this act. 421
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SECTION 10. Section 45-38-3, Mississippi Code of 1972, is 422
brought forward as follows: 423
45-38-3. For purposes of this chapter, the following words 424
shall have the meanings ascribed herein unless the context clearly 425
requires otherwise: 426
(a) "Digital service" means a website, an application, 427
a program, or software that collects or processes personal 428
identifying information with Internet connectivity. 429
(b) "Digital service provider" means a person who: 430
(i) Owns or operates a digital service; 431
(ii) Determines the purpose of collecting and 432
processing the personal identifying information of users of the 433
digital service; and 434
(iii) Determines the means used to collect and 435
process the personal identifying information of users of the 436
digital service. 437
(c) "Harmful material" means material that is harmful 438
to minors as defined by Section 11-77-3(d). 439
(d) "Known minor" means a child who is younger than 440
eighteen (18) years of age who has not had the disabilities of 441
minority removed for general purposes, and who the digital service 442
provider knows to be a minor. 443
(e) "Personal identifying information" means any 444
information, including sensitive information, that is linked or 445
reasonably linkable to an identified or identifiable individual. 446
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The term includes pseudonymous information when the information is 447
used by a controller or processor in conjunction with additional 448
information that reasonably links the information to an identified 449
or identifiable individual. The term does not include 450
deidentified information or publicly available information. 451
SECTION 11. Section 45-38-5, Mississippi Code of 1972, is 452
brought forward as follows: 453
45-38-5. (1) This chapter applies only to a digital service 454
provider who provides a digital service that: 455
(a) Connects users in a manner that allows users to 456
socially interact with other users on the digital service; 457
(b) Allows a user to create a public, semi-public or 458
private profile for purposes of signing into and using the digital 459
service; and 460
(c) Allows a user to create or post content that can be 461
viewed by other users of the digital service, including sharing 462
content on: 463
(i) A message board; 464
(ii) A chat room; or 465
(iii) A landing page, video channel or main feed 466
that presents to a user content created and posted by other users. 467
(2) This chapter does not apply to: 468
(a) A digital service provider who processes or 469
maintains user data in connection with the employment, promotion, 470
reassignment or retention of the user as an employee or 471
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independent contractor, to the extent that the user's data is 472
processed or maintained for that purpose; 473
(b) A digital service provider's provision of a digital 474
service that facilitates e-mail or direct messaging services, if 475
the digital service facilitates only those services; 476
(c) A digital service provider's provision of a digital 477
service that: 478
(i) Primarily functions to provide a user with 479
access to news, sports, commerce, online video games or content 480
primarily generated or selected by the digital service provider; 481
and 482
(ii) Allows chat, comment or other interactive 483
functionality that is incidental to the digital service; or 484
(d) A digital service provider's provision of a digital 485
service that primarily functions to provide a user with access to 486
career development opportunities, including: 487
(i) Professional networking; 488
(ii) Job skills; 489
(iii) Learning certifications; 490
(iv) Job posting; and 491
(v) Application services. 492
(3) The Internet service provider, Internet service 493
provider's affiliate or subsidiary, search engine or cloud service 494
provider is not considered to be a digital service provider or to 495
offer a digital service if the Internet service provider or 496
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provider's affiliate or subsidiary, search engine or cloud service 497
provider solely provides access or connection, including through 498
transmission, download, intermediate storage, access software or 499
other service, to an Internet website or to other information or 500
content: 501
(a) On the Internet; or 502
(b) On a facility, system or network not under the 503
control of the Internet service provider, provider's affiliate or 504
subsidiary, search engine or cloud service provider. 505
SECTION 12. Section 45-38-7, Mississippi Code of 1972, is 506
brought forward as follows: 507
45-38-7. (1) A digital service provider may not enter into 508
an agreement with a person to create an account with a digital 509
service unless the person has registered the person's age with the 510
digital service provider. A digital service provider shall make 511
commercially reasonable efforts to verify the age of the person 512
creating an account with a level of certainty appropriate to the 513
risks that arise from the information management practices of the 514
digital service provider. 515
(2) A digital service provider shall not permit an account 516
holder who is a known minor to be an account holder unless the 517
known minor has the express consent from a parent or guardian. 518
Acceptable methods of obtaining express consent of a parent or 519
guardian include any of the following: 520
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(a) Providing a form for the minor's parent or guardian 521
to sign and return to the digital service provider by common 522
carrier, facsimile, or electronic scan; 523
(b) Providing a toll-free telephone number for the 524
known minor's parent or guardian to call to consent; 525
(c) Coordinating a call with a known minor's parent or 526
guardian over video conferencing technology; 527
(d) Collecting information related to the 528
government-issued identification of the known minor's parent or 529
guardian and deleting that information after confirming the 530
identity of the known minor's parent or guardian; 531
(e) Allowing the known minor's parent or guardian to 532
provide consent by responding to an email and taking additional 533
steps to verify the identity of the known minor's parent or 534
guardian; or 535
(f) Any other commercially reasonable method of 536
obtaining consent in light of available technology. 537
SECTION 13. Section 45-38-9, Mississippi Code of 1972, is 538
brought forward as follows: 539
45-38-9. (1) A digital service provider that enters into an 540
agreement with a known minor for access to a digital service 541
shall: 542
(a) Limit collection of the known minor's personal 543
identifying information to information reasonably necessary to 544
provide the digital service; and 545
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(b) Limit use of the known minor's personal identifying 546
information to the purpose for which the information was 547
collected. 548
(2) A digital service provider that enters into an agreement 549
with a known minor for access to a digital service may not: 550
(a) Use the digital service to collect the known 551
minor's precise geolocation data; 552
(b) Use the digital service to display targeted 553
advertising involving harmful material to the known minor; or 554
(c) Share, disclose or sell the known minor's personal 555
identifying information unless required to: 556
(i) Comply with a civil, criminal or regulatory 557
inquiry, investigation, subpoena or summons by a governmental 558
entity; 559
(ii) Comply with a law enforcement investigation; 560
(iii) Detect, block or prevent the distribution of 561
unlawful, obscene or other harmful material to a known minor; 562
(iv) Block or filter spam; 563
(v) Prevent criminal activity; or 564
(vi) Protect the security of a digital service. 565
SECTION 14. Section 45-38-11, Mississippi Code of 1972, is 566
brought forward as follows: 567
45-38-11. (1) In relation to a known minor's use of a 568
digital service, a digital service provider shall make 569
commercially reasonable efforts to develop and implement a 570
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strategy to prevent or mitigate the known minor's exposure to 571
harmful material and other content that promotes or facilitates 572
the following harms to minors: 573
(a) Consistent with evidence-informed medical 574
information, the following: self-harm, eating disorders, 575
substance use disorders, and suicidal behaviors; 576
(b) Patterns of use that indicate or encourage 577
substance abuse or use of illegal drugs; 578
(c) Stalking, physical violence, online bullying, or 579
harassment; 580
(d) Grooming, trafficking, child pornography, or other 581
sexual exploitation or abuse; 582
(e) Incitement of violence; or 583
(f) Any other illegal activity. 584
(2) Nothing in subsection (1) shall be construed to require 585
a digital service provider to prevent or preclude: 586
(a) Any minor from deliberately and independently 587
searching for, or specifically requesting, content; or 588
(b) The digital service provider or individuals on the 589
digital service from providing resources for the prevention or 590
mitigation of the harms described in subsection (1), including 591
evidence-informed information and clinical resources. 592
SECTION 15. Section 45-38-13, Mississippi Code of 1972, is 593
brought forward as follows: 594
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ST: App store providers and developers; require
to obtain age verification and parental consent
for minor's activity.
45-38-13. (1) Except as provided by subsection (2) of this 595
section, this chapter may not be construed as providing a basis 596
for, or being subject to, a private right of action for a 597
violation of this chapter. 598
(2) If a digital service provider violates this chapter, the 599
parent or guardian of a known minor affected by that violation may 600
bring a cause of action seeking: 601
(a) A declaratory judgment under Rule 57 of Mississippi 602
Rules of Civil Procedure; or 603
(b) An injunction against the digital service provider. 604
(3) A court may not certify an action brought under this 605
section as a class action. 606
SECTION 16. This act shall take effect and be in force from 607
and after July 1, 2026. 608