NC Children's Safe Screens Act/Funds.

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
S 1
SENATE BILL 1033

Short Title: NC Children's Safe Screens Act/Funds. (Public)
Sponsors: Senators Garrett, Salvador, and Batch (Primary Sponsors).
Referred to: Rules and Operations of the Senate
May 4, 2026
*S1033-v-1*
A BILL TO BE ENTITLED 1
AN ACT ENACTING THE NORTH CAROLINA CHILD REN'S SAFE SCREENS A CT TO 2
PROTECT CHILDREN ONL INE, ESTABLISHING TH E ONLINE SAFETY DIVI SION 3
AT THE DEPARTMENT OF JUSTICE AND THE CYB ERBULLYING UNIT AT T HE 4
STATE BUREAU OF INVE STIGATION, CREATING THE NORTH CAROLINA 5
ONLINE CHILD SAFETY COMMISSION, AND APPR OPRIATING FUNDS FOR 6
THOSE PURPOSES. 7
The General Assembly of North Carolina enacts: 8
9
ESTABLISH ONLINE SAFETY DIVISION UNDER THE ATTORNEY GENERAL 10
SECTION 1. Online Safety Division. – Effective July 1, 2026, Chapter 114 of the 11
General Statutes is amended by adding a new Article to read: 12
"Article 11. 13
"Online Safety Division. 14
"§ 114-75. Division established; duties; funding. 15
(a) There is hereby established in the Office of the Attorney General of Nort h Carolina, 16
the Online Safety Division (Division). The Division includes the North Carolina Online Child 17
Safety Commission (Commission) created in Chapter 114B of the General Statutes. 18
(b) The attorneys and professional staff assigned to this Division shall focus on online 19
safety, with an emphasis on the protection of children online . The Division shall have the 20
following duties: 21
(1) Investigation of complaints made under, and enforcing compliance, with the 22
Chapter 114B of the General Statute (Children's Safe Screens Act). 23
(2) Educating law enforcement agencies and the general public about the online 24
safety of all North Carolinians, with an emphasis targeting harmful activities 25
and dark patterns. 26
(3) Issuance of online safety standards and guidelines, and review of relevant 27
industry codes pertaining to internet safety , age -appropriate design, and 28
compliance with the Children's Safe Screens Act. 29
(4) Facilitating advisory panels on internet safety, including child development 30
experts, technology specialists, parent representatives, community 31
stakeholders, and industry representatives. 32
(c) There is established in the Department of Justice a special fund to be known as the 33
Children's Online Safety Fund (Fund). The Fund shall be administered by the Commission and 34
used exclusively for prevention, education, and enforcement activities under Chapter 114B of 35
the General Statutes. The Fund shall receive appropriations by the General Assembly and any 36
General Assembly Of North Carolina Session 2025
Page 2 Senate Bill 1033-First Edition
gifts, grants, or donations accepted for that purpose. The Commission shall report annually to the 1
General Assembly on Fund expenditures and outcomes." 2
3
ENACT NORTH CAROLINA CHILDREN'S SAFE SCREENS ACT/CREATE ONLINE 4
SAFETY COMMISSION 5
SECTION 2.(a) Children's Online Safet y. – Effective July 1, 2026, the General 6
Statutes are amended to add a new Chapter to read: 7
"Chapter 114B. 8
"North Carolina Children's Safe Screens Act. 9
"§ 114B-1. Definitions. 10
The following definitions apply in this Article: 11
(1) Age-appropriate design. – Design focused on developmental needs of 12
children. 13
(2) Child or minor. – An individual under eighteen (18) years of age. 14
(3) Covered platform. – An internet platform providing online services having 15
more than five million (5,000,000) users in North Carolina and revenues 16
exceeding twenty-five million dollars ($25,000,000) annually. 17
(4) Dark patterns. – Design elements that deceive or coerce users into unintended 18
actions, including hidden defaults, misleading interfaces, artificial urgency, 19
autoplay of content, i nfinite scroll features, notification manipulation, and 20
obstruction of account deletion or privacy controls. 21
(5) Division. – The Online Safety Division of the North Carolina Department of 22
Justice. 23
(6) Harmful content. – Content that includes cyberbullying, self-harm promotion, 24
sexually explicit material, violent content, discrimination, and other physical 25
or psychological harms. 26
(7) Online service. – Social media, gaming platforms, messaging services, 27
content-sharing platforms, and other user -interactive services provided by a 28
covered platform. 29
"§ 114B-2. Duty of care established; mandated protections for children; requirements for 30
covered platforms. 31
(a) It is the public policy of this State that its children are owed a duty of care with regard 32
to their online activities in order to limit foreseeable harm and their exposure to dark patterns and 33
harmful content on covered platforms. Further, the General Assembly endorses age-appropriate 34
design and strong parental controls as central to protecting childr en in online se rvice 35
environments. 36
(b) Covered platforms shall require parental notification for accounts created by children 37
and must offer robust, easy -to-use parental supervision tools such as filtering options, contact 38
management, time limits and scheduling, purchase controls, and activity reporting. 39
(c) It is unlawful for covered platforms to use dark patterns or deploy features known to 40
be addictive or manipulative. 41
(d) Covered platforms shall establish clear definitions of what constitutes cyberbullying 42
and include provisions for direct reporting to the Division, as well as provide intervention and 43
support services for affected children, including mediation options where appropriate. 44
(e) Each covered platform shall submit to the Online Safety Division a n annual Child 45
Impact Assessment for new and existing services on the platform. The assessment shall include 46
documentation of potential risks to children and assessment of addiction and compulsive usage 47
risks. The documentation supporting each annual assessm ent shall be retained for at least a 48
three-year period. 49
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Senate Bill 1033-First Edition Page 3
(f) Covered platforms shall utilize the highest privacy settings by default for all users 1
reasonably likely to be children and shall establish strict data minimization principles to include 2
the following: 3
(1) Limiting collection of personal data to what is necessary for the service. 4
(2) Requiring deletion when no longer needed. 5
(3) Prohibiting data use for commercial purposes unless strictly necessary. 6
(4) Including "Right to be Forgotten" provisions empowering minors to request 7
deletion of their data and content. 8
(5) Prohibiting profiling and behavioral advertising targeting children. 9
(6) Requiring child-friendly privacy information and controls. 10
(7) Mandating transparency about personal data use. 11
(8) Establishing clear restrictions on geolocation data collection and use. 12
(9) Data broker restrictions for children's information. 13
"§ 114B-3. Enforcement. 14
(a) Effective December 1, 2026, the Attorney General shall bring civil actions to enforce 15
this Article. In any suit instituted by the Attorney General, in which the defendant is found to 16
have violated this Ch apter and the acts or practices which constituted the violation were, when 17
committed, knowingly violative of a statute, the court may, in its discretion, impose a civil 18
penalty against the defendant of u p to five hundred thousand dollars ($5 00,000) for each 19
violation. Civil penalties may be imposed in a new action or by motion in an earlier action, 20
whether or not such earlier action has been concluded. In determining the amount of the civil 21
penalty, the c ourt shall consider all relevant circumstances, including, but not limited to, the 22
extent of the harm caused by the conduct constituting a violation, the nature and persistence of 23
such conduct, the length of time over which the conduct occurred, the assets , liabilities, and net 24
worth of the defendant, and any corrective action taken by the defendant. The clear proceeds of 25
penalties so assessed shall be remitted to the Civil Penalty and Forfeiture Fund in accordance 26
with G.S. 115C-457.2. 27
(b) This Chapter does not create a private right of action. 28
(c) The Commission shall refer all matters requiring judicial enforcement to the Attorney 29
General, whose authority to bring civil actions under this Chapter is exclusive. The Commission's 30
authority to seek injunctive relief is limited to emergency interim relief pending Attorney General 31
action. 32
"§ 114B-4. Online Safety Commission established. 33
(a) Commission. – The North Carolina Online Child Safety Commission (Online Safety 34
Commission or Commission) is established as a regulatory body within the Department of Justice 35
with oversight authority on matters relating to the safety and wellbeing of minors in digital 36
environments. The Commission's primary mission shall be to protect North Carolina 's children 37
from online harms through research, education, regulation, enforcement, and ongoing adaptation 38
to the evolving digital landscape. The Commission shall serve as the state 's foremost authority 39
on online child safety, advancing the digital wellbeing of minors while respecting fundamental 40
rights. The Commission shall be guided by the best interests of the child, the recognition that 41
digital safety is fundamental to childhood development, the understanding that technology must 42
adapt to children's needs rather than the reverse, and the principle that powerful digital platforms 43
must be held accountable for the safety of young users. 44
(b) Members. – The Commission shall consist of nine (9) voting members appointed by 45
the Governor and two (2) nonvoting ex officio members to include the Attorney General and the 46
Superintendent of Public Instruction. The nine voting members shall have demonstrated expertise 47
and commitment to child welfare, digital technology, mental health, education, or related fields 48
relevant to children's online safety. The Commission membership shall include, at minimum: 49
(1) One (1) member with expertise in child development and psychology 50
(2) One (1) member with expertise in digital technology and data ethics 51
General Assembly Of North Carolina Session 2025
Page 4 Senate Bill 1033-First Edition
(3) One (1) member representing parents or guardians 1
(4) One (1) member with expertise in cybersecurity and privacy 2
(5) One (1) member with expertise in education 3
(6) One (1) member with legal expertise in child protection 4
(7) One (1) youth advocate between the ages of 18 and 25. 5
Commission members shall serve four -year staggered terms, with initial appointments varying 6
in length to ensure continuity. The Commission shall elect a Chair and Vice -Chair from among 7
its members, serving two-year terms. No member shall serve more than two consecutive terms. 8
The Commission shall be supported by a professional staff led by an Executive Director. The 9
Commission shall maintain an investigative staff separate from its adjudicative functions. The 10
Commission shall maintain specialized units for enforcement, education, research, and policy 11
and shall employ technologists, child development experts, data analysts, and legal specialists. 12
The Commission may establish advisory committees on specific issue areas. 13
Every three years, the Commission shall (i) conduct a comprehensive review of its activities 14
and impact, (ii) a ssess changing technological landscape and emerging challenges , (iii) r evise 15
strategic priorities and approaches as needed , and (iv) r ecommend statutory amendments to 16
maintain effectiveness. 17
(c) Expertise. – The Commission shall provide expert guidance to each of the following: 18
(1) The Governor and General Assembly on matters relating to online child 19
safety. 20
(2) State agencies on implementation of digital safety programs. 21
(3) Educational institutions on digital literacy and safety curricula. 22
(4) Parents and caregivers on tools and strategies to protect children online. 23
(5) Technology platforms on best practices for age appropriate design. 24
(d) Powers and Duties. – Further, the Commission shall have the following powers and 25
duties: 26
(1) Regulatory authority to adopt binding regulations concerning age verification, 27
minor account data practices, default safety settings, complaint procedures, 28
and platform transparency disclosures. This authority includes adopting rules 29
for device-level and platform level age assurance as alternatives to site-by-site 30
verification. 31
(2) The authority to issue binding regulations implementing subdivision (1) of 32
this subsection when it first finds, on the basis of substantial evidence in the 33
record, all of the following: 34
a. The regulation addresses specific harm to minors expressly identified 35
in this act; 36
b. The regulated platform conduct materially contributes to that harm; 37
and 38
c. The regulation is no broader than necessary to address that harm and 39
does not govern the selection, ranking, or curation of content. 40
(3) To initiate investigations into potential violations. 41
(4) To issue orders requiring compliance with this Chapter. 42
(5) To seek injunctive relief through the courts when necessary to prevent harm 43
to children. 44
(6) Maintain a database of safety incidents, platform responses, and outcomes. 45
(7) Develop and oversee the following: 46
a. Public awareness campaigns on online child safety. 47
b. Resource development for schools, parents, and children. 48
c. Training programs for educators and other professionals. 49
d. Digital literacy standards for K-12 education. 50
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Senate Bill 1033-First Edition Page 5
(8) Conduct or commission research on emerging online risks to children, collect 1
and analyze data on the prevalence and impact of online harms, monitor global 2
developments in online safety regulation , and e valuate the effectiveness of 3
interventions and regulations. 4
(9) Establish accessible mechanisms for receiving complaints about online harm 5
to children, create specialized response protocols for different categories of 6
harm, oversee platform compliance with complaint response requirements and 7
intervene directly in serious cases where platforms fail to act appropriately. 8
(10) Provide support resources for affected children and families. 9
(e) In addition, the Commission shall: 10
(1) Coordinate with relevant State agencies including the Department of Health 11
and Human Services and Department of Public Instruction. 12
(2) Collaborate with federal authorities including the Federal Trade Commission 13
and Department of Justice. 14
(3) Engage with international counterparts to develop consistent approaches to 15
digital safety. 16
(4) Partner with academic institutions, non -profit organizations, and other 17
stakeholders dedicated to child safety. 18
(f) Annual Report. – The Commission shall prepare and publish an annual "State of 19
Children's Online Safety in North Carolina" report that: 20
(1) Assesses current online risks facing North Carolina's children. 21
(2) Analyzes trends in online harms and platform responses. 22
(3) Evaluates platform compliance with this act and related regulations. 23
(4) Identifies emerging threats and technologies of concern. 24
(5) Measures progress in addressing previously identified issues. 25
(6) Provides data-driven insights on the digital experiences of children by age 26
group. 27
(g) Compliance Reviews. – The Commission shall conduct annual compliance reviews 28
of covered platforms that: 29
(1) Evaluate implementation of required safety measures. 30
(2) Assess the effectiveness of age verification systems. 31
(3) Review Child Impact Assessments and safety documentation. 32
(4) Analyze complaint handling and response times. 33
(5) Examine algorithmic systems for compliance with safety standards. 34
(6) Identify best practices and areas requiring improvement. 35
(7) Result in public compliance ratings for each major platform. 36
(h) Legislative Recommendations. – The Commission shall submit annual 37
recommendations to the General Assembly that: 38
(1) Identify necessary amendments to this act based on technological 39
developments. 40
(2) Propose new legislative measures to address emerging concerns. 41
(3) Suggest improvements to enforcement mechanisms. 42
(4) Recommend funding priorities for child online safety initiatives. 43
(5) Identify areas where federal action or coordination is needed. 44
(i) Public Hearings and Testimony. – The Commission shall: 45
(1) Hold at least four public hearings annually across different regions of the 46
State. 47
(2) Receive testimony from children, parents, educators, platforms, and experts. 48
(3) Conduct specialized hearings on emerging issues of concern. 49
(4) Ensure diverse perspectives are represented in deliberations. 50
(5) Make hearing records publicly available. 51
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(j) Industry Engagement. – The Commission shall: 1
(1) Convene an annual Industry Safety Summit with platform representatives. 2
(2) Facilitate regular working groups on specific safety challenges. 3
(3) Review and approve updates to industry codes of practice. 4
(4) Evaluate voluntary safety initiatives. 5
(5) Promote adoption of safety innovations across the industry. 6
(k) Transparency. – The Commission shall publish annual transparency reports detailing: 7
(1) Enforcement actions taken and their outcomes. 8
(2) Complaints received and resolved. 9
(3) Penalties assessed and collected. 10
(4) Allocation and impact of Children's Online Safety Fund expenditures. 11
(5) Commission activities, investigations, and initiatives. 12
(6) Metrics for measuring the effectiveness of the Act's implementation. 13
(l) Audit of Educational Programs. – The Commission shall annually audit and evaluate: 14
(1) Digital literacy programs in North Carolina schools. 15
(2) Parent education initiatives. 16
(3) Professional development for educators and youth workers. 17
(4) Public awareness campaign effectiveness. 18
(5) Resource allocation and accessibility across communities. 19
(m) Research Agenda Development. – The Commission shall: 20
(1) Establish annual research priorities based on identified gaps. 21
(2) Commission or conduct studies on priority areas. 22
(3) Award research grants from the Children's Online Safety Fund. 23
(4) Publish findings and recommendations based on research. 24
(5) Ensure research informs regulatory and educational approaches. 25
(n) Funding Mechanisms. – The Commission shall: 26
(1) Receive an annual appropriation from the General Assembly. 27
(2) Administer the Children's Online Safety Fund. 28
(3) Report annually on budget allocation and performance metrics. 29
(o) Technological Capabilities. – The Commission shall: 30
(1) Maintain technical testing facilities to evaluate platform compliance. 31
(2) Develop data analysis capabilities to identify patterns of harm. 32
(3) Employ experts capable of evaluating platform algorithms and safety systems. 33
(4) Keep pace with emerging technologies that may pose risks to children. 34
(p) Ethical Frameworks. – The Commission shall: 35
(1) Establish clear ethical guidelines for its work. 36
(2) Ensure privacy protection in research and investigations. 37
(3) Develop age -appropriate methods for involving children in policy 38
development. 39
(4) Balance safety imperatives with other rights and considerations. 40
(q) Accountability Mechanisms. – The Commission shall: 41
(1) Maintain transparent decision-making processes. 42
(2) Publish the basis for regulatory determinations. 43
(3) Establish clear metrics for measuring its own effectiveness. 44
(4) Undergo periodic independent evaluation. 45
"§ 114B-5. Construction; severability. 46
(a) This Article shall be liberally construed for the protection of minors and the general 47
public. Nothing in this Article shall be construed to infringe on any rights protected by the North 48
Carolina or U.S. Constitutions. 49
(b) If any provision of this Article is held by a court of competent jurisdiction to be 50
invalid, void, or unenforceable, in whole or in part, the decision shall not affect the validity, 51
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Senate Bill 1033-First Edition Page 7
enforceability, or applicability of the remaining provisions, which shall remain in full force and 1
effect as if the provision held invalid, void, or unenforceable had not been included." 2
3
IMPLEMENTATION SCHEDULE/REVIEW 4
SECTION 3.( a) Implementation timeline. -- By September 1, 2026, initial 5
appointments to the Commission shall be made and the Commission shall convene its first 6
meeting. 7
SECTION 3.(b) Initial Responsibilities. – Within the first year of operation, the 8
Commission shall: 9
(1) Hire key staff and establish organizational structure. 10
(2) Develop initial regulations implementing this act. 11
(3) Create complaint handling systems. 12
(4) Establish public education programs. 13
(5) Develop platform compliance guidelines. 14
(6) Submit its first annual report to the General Assembly. 15
SECTION 3.(c) Phased Implementation. – The Commission shall develop a phased 16
implementation plan that: 17
(1) Prioritizes addressing the most serious harm. 18
(2) Accommodates different compliance timelines based on platform size. 19
(3) Allows for industry adjustment to new requirements. 20
(4) Includes benchmarks for measuring progress. 21
SECTION 3.(d) Review and Adaptation. –Every three years, the Commission shall: 22
(1) Conduct a comprehensive review of its activities and impact. 23
(2) Assess changing technological landscape and emerging challenges. 24
(3) Revise strategic priorities and approaches as needed. 25
(4) Recommend statutory amendments to maintain effectiveness. 26
27
ESTABLISH SBI CYBERBULLYING UNIT 28
SECTION 4. Effective July 1, 2026, Article 13A of Chapter 143B of the General 29
Statutes is amended by adding a new section to read: 30
"§ 143B-1209. Cyberbullying Unit established. 31
(a) There is established in the State Bureau of Investigation the Cyberbullying Unit (Unit) 32
dedicated to the protection of children online and to aid in the enforcement of Article 11 of 33
Chapter 114 of the General Statutes. 34
(b) In addition to any other duties assigned by law, the Unit shall operate a toll-free 35
number and website on online child sa fety and cyberbullying jointly with the Department of 36
Justice." 37
38
APPROPRIATIONS 39
SECTION 5.(a) Effective July 1, 2026, there is appropriated from the General Fund 40
to the Department of Justice, Children's Online Safety Fund, the sum of six million dollars 41
($6,000,000) in recurring funds for the 2026-2027 fiscal year to fund its work as provided by this 42
act. These funds shall not revert at the end of the fiscal biennium. 43
SECTION 5.(b) Effective July 1, 2026, there is appropriated from the General Fund 44
to the Department of Justice, Children's Online Safety Fund, the sum of ten million dollars 45
($10,000,000) in non-recurring funds for the 2026-2027 fiscal year to fund its work as provided 46
by this act. These funds shall not revert at the end of the fiscal biennium. 47
SECTION 5.(c) Effective July 1, 2026, there is appropriated from the General Fund 48
to the State Bureau of Investigation (SBI) the sum of two million dollars ($2,000,000) for the 49
2026-2027 fiscal year to create the Cyberbullying Unit at the SBI. These funds shall not revert 50
at the end of the fiscal biennium. 51
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1
EFFECTIVE DATE 2
SECTION 6. Except as otherwise provided, this act becomes effective July 1, 2026. 3
The substantive requirements and prohibitions of Chapter 114B of the General Statutes, as 4
enacted by Section 2 of this act, apply to acts or omissions occurring on or after December 1, 5
2026. 6