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To: Judiciary, Division A
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026
By: Senator(s) Williams
SENATE BILL NO. 2388
AN ACT TO ENACT THE KIDS ONLINE PROTECTION AND ANTI-GROOMING 1
ACT; TO DEFINE TERMS; TO PROVIDE THAT EVERY OWNER OR OPERATOR OF A 2
COVERED PLATFORM WHO CONTRACTS WITH A MINOR SHALL OWE A DUTY OF 3
CARE TO THE MINOR; TO PROVIDE THAT THE DUTY OF CARE SHALL REQUIRE 4
THE COVERED PLATFORM TO TAKE CERTAIN REASONABLE MEASURES; TO 5
REQUIRE A COVERED PLATFORM TO NOTIFY THE LEGAL REPRESENTATIVE OF A 6
MINOR IF A MINOR MAKES A MICROTRANSACTION ON A COVERED PLATFORM, A 7
MINOR IS EXPOSED TO SEXUALLY EXPLICIT MATERIAL ON A COVERED 8
PLATFORM OR A CONNECTION IS MADE BETWEEN AN ADULT AND A MINOR ON A 9
COVERED PLATFORM; TO AUTHORIZE A LEGAL REPRESENTATIVE OF A MINOR 10
TO OPT OUT OF THE PROTECTIONS REQUIRED IN THIS ACT BY PROVIDING 11
EXPRESS WRITTEN CONSENT TO A COVERED PLATFORM; TO PROVIDE THAT ANY 12
OWNER OR OPERATOR OF A COVERED PLATFORM WHO IS FOUND TO HAVE 13
VIOLATED THIS ACT SHALL BE LIABLE TO AN INDIVIDUAL FOR DAMAGES, 14
COURT COSTS, AND REASONABLE ATTORNEY'S FEES; AND FOR RELATED 15
PURPOSES. 16
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 17
SECTION 1. (1) This Section shall be known and may be cited 18
as the "Kids Online Protection and Anti-Grooming Act." 19
(2) For the purposes of this section, the following terms 20
have the meaning ascribed herein unless the context clearly 21
requires otherwise: 22
(a) "Connect" means the linking, associating, or 23
interacting of user accounts between an adult and a minor on a 24
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covered platform, including but not limited to, subscribing or 25
friending. 26
(b) (i) "Covered platform" means an online platform, 27
online video game, messaging application, or video streaming 28
service that accesses the internet and is used, or reasonably 29
likely to be used, by a minor. 30
(ii) Covered platform shall not include any of the 31
following: 32
1. An entity acting in its capacity as a 33
provider of a common carrier service subject to the Communications 34
Act of 1934 (47 USC § 151 et seq.); 35
2. An entity acting in its capacity as a 36
broadband service provider under Sections 77–17–1 through 77–17–37
15; 38
3. An entity acting in its capacity as a 39
provider of an email service; 40
4. An entity acting in its capacity as a 41
teleconferencing or video conferencing service that allows 42
reception and transmission of audio or video signals for real-time 43
communication, provided that the service is not an online platform 44
and the real-time communication is initiated by using a unique 45
link or identifier to facilitate access; 46
5. An entity acting in its capacity as a 47
wireless messaging service, including such a service provided 48
through short messaging service or multimedia messaging service 49
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protocols that is not a component of or linked to an online 50
platform and where the predominant or exclusive function is direct 51
messaging consisting of the transmission of texts, photos, or 52
videos that are sent by electronic means, where messages are 53
transmitted from the sender to a recipient; 54
6. A nonprofit corporation; 55
7. Any school; 56
8. A public library; 57
9. A news or sports coverage website or 58
application where the inclusion of video content on the website or 59
application is related to the website or application's own 60
gathering, reporting, or publishing of news content or sports 61
coverage and the website or application is not otherwise an online 62
platform; 63
10. A product or service that primarily 64
functions as business-to-business software, such as cloud storage, 65
file sharing, or a file collaboration service; 66
11. A virtual private network or similar 67
service that exists predominantly to route internet traffic 68
between locations; or 69
12. A federal, state or local government with 70
an internet domain. 71
(c) (i) "Online platform" means any public website, 72
online service, online application or mobile application that 73
predominantly provides a community forum for user-generated 74
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content, such as sharing videos, images, games, audio files or 75
other content, including a social media service, social network or 76
virtual reality environment. 77
(ii) A website, online service, online application 78
or mobile application is not an online platform solely on the 79
basis that it includes a chat, comment or other interactive 80
function that is incidental to its predominant purpose. 81
(d) "Online video game" means a video game, including 82
an educational video game, that accesses the internet and allows 83
the user to do any of the following: 84
(i) Create and upload content that is not 85
incidental to game play such as character or level designs; 86
(ii) Engage in microtransactions within the game; 87
or 88
(iii) Communicate with other users. 89
(e) (i) "Microtransaction" means any of the following: 90
1. A purchase made in an online video game 91
involving surprise mechanics, new characters or other in-game 92
items; 93
2. A purchase made using a virtual currency 94
that is purchasable or redeemable using cash or credit that is 95
included as part of a paid subscription service; or 96
3. Any purchase or transfer of virtual 97
currency on a covered platform; and 98
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(ii) The term shall not include a purchase made in 99
an online video game using a virtual currency that is earned 100
through game play and is not otherwise purchasable or redeemable 101
using cash or credit or included as part of a paid subscription 102
service. 103
(f) "Minor" means a child who is younger than eighteen 104
(18) years of age who has not had the disabilities of minority 105
removed for general purposes. 106
(g) "Nonprofit corporation" means any organization 107
organized on a not-for-profit basis under the provisions of 108
Chapter II of Title 12 of the Louisiana Revised Statutes of 1950. 109
(h) "School" means any child daycare center regulated 110
under Sections 43–20–1 through 43–20–21, any public or private 111
school enrolling students in prekindergarten through grade twelve, 112
including public charter schools, any institution under the 113
management and supervision of the Board of Trustees of State 114
Institutions of Higher Learning or the Mississippi Community 115
College Board or any private college or university. 116
(i) "Sexually explicit material" shall have the same 117
meaning as obscene material or performances under Section 118
97-29-103. 119
(3) Every owner or operator of a covered platform who 120
contracts with a minor shall owe a duty of care to the minor. The 121
duty of care shall require the covered platform to take the 122
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following reasonable measures in the operation of the covered 123
platform: 124
(a) Prohibit an adult from connecting to a minor on a 125
covered platform unless the initial connection is made by the 126
minor. 127
(b) Prohibit an adult from sending private or direct 128
messages to a minor on a covered platform by video, voice or 129
messaging, unless the minor is connected to the adult on the 130
covered platform. 131
(c) Prohibit a covered platform from disclosing or 132
sharing the geolocation of a minor with any individual who is not 133
the legal representative of the minor. 134
(d) Prohibit an adult from viewing the online profile 135
or personal data of a minor on a covered platform unless the adult 136
is connected to the minor on the covered platform. 137
(4) A covered platform shall notify the legal representative 138
of a minor via text, voice or email within twenty-four (24) hours 139
if any of the following occur: 140
(a) A minor makes a microtransaction on a covered 141
platform. 142
(b) A minor is exposed to sexually explicit material on 143
a covered platform. 144
(c) A connection is made between an adult and a minor 145
on a covered platform. 146
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ST: Kids Online Protection and Anti-Grooming
Act; enact.
(5) Notwithstanding the provisions of this section, the 147
legal representative of a minor may opt out of the protections 148
required in this section by providing express written consent to a 149
covered platform. 150
(6) Any owner or operator of a covered platform who is found 151
to have violated the provisions of this section shall be liable to 152
an individual for damages, court costs and reasonable attorney's 153
fees as ordered by the court. 154
SECTION 2. This act shall take effect and be in force from 155
and after July 1, 2026. 156