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SECOND REGULAR SESSION
SENATE BILL NO. 1584
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR NURRENBERN.
6757S.01I KRISTINA MARTIN, Secretary
AN ACT
To amend chapter 407, RSMo, by adding thereto one new section relating to regulation of online
content involving minors.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Chapter 407, RSMo, is amended by adding thereto 1
one new section, to be known as section 407.2100, to read as 2
follows:3
407.2100. 1. As used in this section, the following 1
terms shall mean: 2
(1) "Account holder", an individual who has opened an 3
account on a social media platform; 4
(2) "Content creator", any individual residing in the 5
state who creates an image, audio content, or video content 6
in exchange for compensation. A content creator includes, 7
but is not limited to: vloggers, podcasters, social media 8
influencers, or streamers; 9
(3) "Minor", any person under eighteen years of age; 10
(4) "Restricted material", any material that is 11
obscene, as defined in section 573.010, or depicts: 12
(a) Explicit sexual material, as defined in section 13
573.010; 14
(b) Nudity, as defined in section 573.010; or 15
(c) Sexually explicit conduct, as defined in section 16
573.010; 17
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(5) "Social graph", a list of people that an account 18
holder is connected to using a friending function, or a 19
similar function, on a social media platform. Subscribing 20
to content from another account holder does not constitute a 21
friending function; 22
(6) "Social media platform", an internet-based service 23
or application that has account holders in the state and 24
that meets all of the following criteria with respect to 25
account holders: 26
(a) The service or application connects account 27
holders to allow them to interact socially with each other 28
within the service or application; 29
(b) The service or application permits public posting 30
of content generated by account holders without visibility 31
being limited to a particular social graph; and 32
(c) The service or application permits interaction 33
with other account holders' content outside a limited social 34
graph, including content recommended from any person an 35
account holder has not subscribed to or does not follow; 36
(7) "Uniquely identifiable", any information 37
including, but not limited to, an image, voice recording, 38
video recording, or a photograph that can be used to 39
distinguish or trace an individual's identity. 40
2. A minor shall be considered engaged in the work of 41
content creation when the following criteria have been met 42
at any time during the previous twelve-month period: 43
(1) At least thirty percent of the content creator's 44
compensated image, audio content, or video content produced 45
within a thirty-day period includes the likeness, name, 46
voice, or a photograph of such minor. Content percentage 47
shall be measured by the percentage of time the likeness, 48
name, or photograph of the minor visually appears or the 49
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minor is the subject of or a participant in a segment of 50
audio or video content compared to the total length of the 51
segment; 52
(2) The number of views received per image, audio 53
segment, or video segment on any social media platform met 54
the social media platform's threshold for the generation of 55
compensation or the content creator received actual 56
compensation per image, audio segment, or video segment 57
equal to or greater than ten cents per view; and 58
(3) The content creator received actual compensation 59
for image, audio segment, or video content of at least 60
twenty-five thousand dollars during the prior twelve-month 61
period. 62
3. A minor who is thirteen years of age or older may 63
produce, create, and publish his or her own content and 64
shall be entitled to all compensation for his or her content 65
creation. 66
4. (1) Any content creator whose content features a 67
minor engaged in the work of content creation, as described 68
in subsection 2 of this section, shall maintain the 69
following records and shall retain such records until the 70
minor reaches twenty-one years of age: 71
(a) The name and documentary proof of age of the minor 72
engaged in the work of content creation at the time the 73
content was created; 74
(b) The total number of social media posts that 75
generated compensation during the reporting period; 76
(c) The total number of minutes of the social media 77
posts that the content creator received compensation for 78
during the reporting period; 79
(d) The total number of minutes each minor was 80
featured in social media posts during the reporting period; 81
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(e) The total compensation generated from social media 82
posts featuring the minor during the reporting period; and 83
(f) The amount deposited in the trust account for the 84
benefit of the minor engaged in content creation pursuant to 85
the provisions of subsection 5 of this section. 86
(2) The records required under subdivision (1) of this 87
subsection shall be readily available to the minor. The 88
content creator shall provide notice to the minor of the 89
existence of such records. 90
5. (1) A minor who is engaged in the work of content 91
creation under this section shall be compensated by the 92
content creator. The content creator shall set aside gross 93
earnings on any content including, but not limited to, the 94
likeness or name of the minor in a trust account to be 95
preserved for the benefit of the minor upon the minor 96
reaching eighteen years of age, as follows: 97
(a) Where only one minor meets the content threshold 98
pursuant to subsection 2 of this section, the percentage of 99
the total gross earnings on any content including, but not 100
limited to, the likeness or name of the minor that is equal 101
to or greater than half of the content percentage that 102
includes the minor, shall be paid into the minor's trust 103
account; or 104
(b) Where more than one minor meets the content 105
threshold pursuant to subsection 2 of this section and the 106
content includes more than one of such minors, the 107
percentage described in paragraph (a) of this subdivision 108
for all minors shall be equally divided between the minors 109
paid into a separate trust account for each minor. 110
(2) A trust account under this subsection shall be 111
structured, at a minimum, as follows: 112
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(a) The funds in the account shall be available only 113
to the minor or minors engaged in the work of content 114
creation; 115
(b) The account shall be held by a bank, financial 116
institution, corporate fiduciary, or trust company 117
authorized to do business in the state; 118
(c) The funds in the account shall become available to 119
each minor engaged in the work of content creation upon the 120
minor reaching eighteen years of age or upon a declaration 121
that the minor is emancipated; and 122
(d) The account shall meet the requirements of 123
sections 404.005 to 404.094, the Missouri transfers to 124
minors law. 125
6. (1) After August 28, 2026, any individual who was 126
featured in a content creator's social media post as a minor 127
may request that the content creator delete the post from 128
the social media platform or edit the social media post to 129
remove any content involving the minor. The content creator 130
shall delete or edit the social media post if the individual 131
proves his or her identity with uniquely identifiable 132
information. 133
(2) Social media platforms shall provide an easily 134
accessible mechanism through which an individual under 135
subdivision (1) of this subsection can submit a request to 136
the social media platform for the content creator to delete 137
or edit any social media post described under subdivision 138
(1) of this subsection. 139
(3) Social media platforms shall notify the content 140
creator within a reasonable time period, but no longer than 141
thirty days, after receiving a removal request under this 142
subsection. 143
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(4) The content creator shall delete or edit the 144
social media post featuring the individual as a minor from 145
the social media platform within seventy-two hours after 146
receiving notice of a removal request from the social media 147
platform under this subsection. 148
(5) If the content creator fails to delete or edit a 149
social media post under this subsection within thirty days 150
after receiving notice of a removal request from the social 151
media platform, the social media platform shall take all 152
reasonable steps to delete or edit the content involving the 153
minor, unless: 154
(a) The individual who was featured in the content 155
creator's post as a minor does not submit sufficient 156
uniquely identifiable information; or 157
(b) The social media platform finds that the post is 158
sufficiently newsworthy or of other public interest to 159
outweigh the privacy interests of the minor. 160
7. It shall be unlawful to financially benefit from 161
intentionally or knowingly producing or distributing on 162
social media any visual depiction of a minor with the intent 163
to sexually gratify or elicit a sexual response in the 164
viewer or any other person, or any other restricted material 165
involving a minor, except: 166
(1) In the case of an individual acting in good faith 167
to report unlawful activity or in pursuance of a legal or 168
professional or other lawful obligation; 169
(2) In the case of a document production or filing in 170
connection with a legal proceeding; or 171
(3) In the case of any lawfully authorized 172
investigative, protective, or intelligence activity of a law 173
enforcement agency of the United States, this state, a 174
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political subdivision of this state, or of an intelligence 175
agency of the United States. 176
8. A social media platform shall develop and implement 177
a strategy to help mitigate risks related to monetization of 178
restricted material involving minors. Such strategy shall 179
be documented and reassessed annually and may include: 180
(1) Policies that govern content and related 181
monetization; 182
(2) Restrictions on content featuring minors; 183
(3) Use of any commercially reasonable system to 184
identify and implement restrictions on any restricted 185
material involving minors; and 186
(4) Any information informing content creators of 187
their legal obligations under this section and any 188
information explaining the steps to protect minors from 189
appearing in restricted material under this section. 190
9. Any individual may report violations of this 191
section to the attorney general. If the attorney general 192
finds that provisions of this section have been violated, 193
the attorney general shall bring a civil action in a court 194
of competent jurisdiction. If the court finds that 195
provisions of this section have been violated, the court may 196
award damages, injunctive relief, attorney's fees, and any 197
such other relief the court finds appropriate. Nothing in 198
this section shall preclude an individual from bringing a 199
private civil action in a court of competent jurisdiction 200
for any violations of this section. 201
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