AN ACT RELATING TO COMMERCIAL LAW -- GENERAL REGULATORY PROVISIONS -- RHODE ISLAND SOCIAL MEDIA REGULATION ACT (Creates the Rhode Island Social Media Regulation act, which would not permit a Rhode Island resident who is a minor to be an account holder on a social media's platform unless the minor has the express consent of a parent or guardian.)

S2968

2026 -- S 2968
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LC004225
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STATE OF RHODE ISLAND
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2026
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A N A C T
RELATING TO COMMERCIAL LAW -- GENERAL REGULATORY PROVISIONS --
RHODE ISLAND SOCIAL MEDIA REGULATION ACT

Introduced By:
Senators DiPalma, Gu, Zurier, and Urso

Date Introduced:
March 04, 2026

Referred To:
Senate Judiciary
It is enacted by the General Assembly as follows:
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SECTION 1. Title 6 of the General Laws entitled "COMMERCIAL LAW — GENERAL
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REGULATORY PROVISIONS" is hereby amended by adding thereto the following chapter:
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CHAPTER 63
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RHODE ISLAND SOCIAL MEDIA REGULATION ACT
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6-63-1. Definitions.

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As used in this chapter:
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(1) "Account holder" means a person who has, or opens, an account or profile to use a
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social media company's platform.
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(2) "Director" means the director of the department of business regulation.
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(3) "Department" means the department of business regulation.
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(4) "Educational entity" means a public school, a local education agency (LEA), a charter
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school, a private school, a denominational school, a parochial school, a community college, a state
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college, a state university, or a nonprofit private postsecondary educational institution.
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(5) "Interactive computer service" means an information service, information system, or
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information access software provider that provides or enables computer access by multiple users to
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a computer server and provides access to the Internet. "Interactive computer service" includes:
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(i) A web service;
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(ii) A web system;

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(iii) A website;
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(iv) A web application; and
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(v) A web portal.
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(6) "Minor" means an individual who is under the age of eighteen (18) years.
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(7) "Post" means content that an account holder makes available on a social media platform
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for other account holders or users to view.
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(8) "Social media company" means a person or entity that:
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(i) Provides a social media platform that has at least five million (5,000,000) account
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holders worldwide; and
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(ii) Is an interactive computer service.
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(9)(i) "Social media platform" means an online forum that a social media company makes
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available for an account holder to:
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(A) Create a profile;
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(B) Upload posts;
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(C) View the posts of other account holders; and
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(D) Interact with other account holders or users.
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(ii) "Social media platform" does not include an online service, website, or application:
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(A) Where the predominant or exclusive function is:
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(I) Electronic mail;
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(II) Direct messaging consisting of text, photos, or videos that are sent between devices by
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electronic means where messages are shared between the sender and the recipient, only visible to
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the sender and the recipient, and are not posted publicly;
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(B) That provides a streaming service that:
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(I) Provides only licensed media in a continuous flow from the service, website, or
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application to the end user; and
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(II) Does not obtain a license to the media from a user or account holder by agreement to
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its terms of service;
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(C) That provides news, sports, entertainment, or other content that is preselected by the
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provider and not user generated, and any chat, comment, or interactive functionality that is provided
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incidental to, directly related to, or dependent upon provision of the content;
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(D) That provides online shopping or e-commerce, if the interaction with other users or
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account holders is generally limited to:
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(I) The ability to upload a post and comment on reviews; and
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(II) The ability to display lists or collections of goods for sale or wish lists; and other

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functions that are focused on online shopping or e-commerce rather than interaction between users
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or account holders;
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(E) That provides interactive gaming, virtual gaming, or an online service, that allows the
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creation and uploading of content for the purpose of interactive gaming, edutainment, or associated
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entertainment, and the communication related to that content;
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(F) That provides photo editing that has an associated photo hosting service, if the
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interaction with other users or account holders is generally limited to liking or commenting;
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(G) That provides a professional creative network for showcasing and discovering artistic
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content, if the content is required to be non-pornographic;
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(H) That provides single-purpose community groups for public safety if the interaction
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with other users or account holders is generally limited to that single purpose and the community
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group has guidelines or policies against illegal content;
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(I) Providing career development opportunities, including professional networking, job
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skills, learning certifications, and job posting and application services;
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(J) That provides business to business software;
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(K) That provides a teleconferencing or videoconferencing service that allows reception
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and transmission of audio and video signals for real time communication;
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(L) That provides cloud storage;
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(M) That provides shared document collaboration;
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(N) That provides cloud computing services, which may include cloud storage and shared
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document collaboration;
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(O) Providing access to or interacting with data visualization platforms, libraries, or hubs;
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(P) Permitting comments on a digital news website, if the news content is posted only by
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the provider of the digital news website;
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(Q) Providing or obtaining technical support for a platform, product, or service;
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(R) That provides academic or scholarly research;
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(S) That provides genealogical research where the majority of the content that is posted or
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created is posted or created by the provider of the online service, website, or application and the
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ability to chat, comment, or interact with other users is directly related to the provider's content;
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(T) That is a classified ad service that only permits the sale of goods and prohibits the
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solicitation of personal services; or
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(U) That is used by and under the direction of an educational entity, including a learning
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management system a student engagement program and a subject or skill-specific program.
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(10) "User" means a person who has access to view all or some of, the post on a social

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media platform, but is not an account holder.
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(11) “Rhode Island account holder” means a person who is a Rhode Island resident and an
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account holder. The term "Rhode Island account holder" includes a Rhode Island minor account
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holder.
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(12) "Rhode Island minor account holder" means a Rhode Island account holder who is a
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minor.
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(13) "Rhode Island resident" means an individual who currently resides in Rhode Island.
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6-63-2. Age requirements for use of social media platform -- Parental consent --
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Rulemaking authority of decision.

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(a) Commencing January 1, 2027, a social media company may not permit a Rhode Island
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resident who is a minor to be an account holder on the social media company's social media
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platform unless the Rhode Island resident has the express consent of a parent or guardian.
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(b) Notwithstanding any provision of this chapter, a social media company may not permit
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a Rhode Island resident who is a minor to hold or open an account on a social media platform if the
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minor is ineligible to hold or open an account under any other provision of state or federal law.
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(c) Commencing January 1, 2027, a social media company shall verify the age of an
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existing or new Rhode Island account holder and, if the existing or new account holder is a minor,
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confirm that a minor has consent as required under this chapter:
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(1) For a new account, at the time the Rhode Island resident opens the account; or
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(2) For a Rhode Island account holder who has not provided age verification as required
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under this section, within fourteen (14) calendar days of the Rhode Island account holder's attempt
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to access the account.
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(d) If a Rhode Island account holder fails to meet the verification requirements of this
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section within the required time period, the social media company shall deny access to the account:
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(1) Upon the expiration of the time period; and
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(2) Until all verification requirements are met.
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(e) The department shall promulgate rules and regulations to implement the provisions of
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this chapter to include, but not limited to:
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(1) Establish processes or means by which a social media company may meet the age
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verification requirements of this chapter;
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(2) Establish acceptable forms or methods of identification, which may not be limited to a
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valid identification card issued by a government entity;
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(3) Establish requirements for providing confirmation of the receipt of any information
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provided by a person seeking to verify age under this chapter;

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(4) Establish processes or means to confirm that a parent or guardian has provided consent
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for the minor to open or use an account pursuant to the provisions of this chapter;
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(5) Establish requirements for retaining, protecting, and securely disposing of any
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information obtained by a social media company or its agent as a result of compliance with the
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requirements of this chapter; and
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(6) Require that information obtained by a social media company or its agent in order to
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comply retained for the purpose of compliance and may not be used for any other purpose.
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(f) If the department permits an agent to process verification requirements required by this
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section, require that the agent have its principal place of business in the United States of America.
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(g) The department shall require other applicable state agencies to comply with any rules
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promulgated under the authority of this section.
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(h) The department shall ensure that the rules are consistent with state and federal law.
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6-63-3. Prohibition on data collection for certain accounts -- Prohibition on
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advertising -- Use of information -- Search results-- Directed content.

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Commencing January 1, 2027, a social media company, for a social media platform
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account held by a Rhode Island minor account holder:
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(1) Shall prohibit direct messaging between the account and any other user that is not linked
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to the account through friending;
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(2) May not show the account in search results for any user that is not linked to the account
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through friending;
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(3) Shall prohibit the display of any advertising in the account;
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(4) Shall not collect or use any personal information from the posts, content, messages,
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text, or usage activities of the account other than information that is necessary to comply with, and
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to verify compliance with, state or federal law, which information includes a parent or guardian's
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name, a birth date, and any other information required to be submitted under this section; and
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(5) Shall prohibit the use of targeted or suggested groups, services, products, posts,
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accounts, or users in the account.
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6-63-4. Parental access to social media account.

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(a) Commencing January 1, 2027, a social media company shall provide a parent or
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guardian who has given parental consent for a Rhode Island minor account holder under § 6-63-2
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with a password or other means for the parent or guardian to access the account, which shall allow
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the parent or guardian to view:
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(1) All posts the Rhode Island minor account holder makes under the social media platform
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account; and

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(2) All responses and messages sent to or by the Rhode Island minor account holder in the
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social media platform account.
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6-63-5. Limited hours of access for minors -- Parental access and options.

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(a) Commencing January 1, 2027, a social media company shall prohibit a Rhode Island
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minor account holder from having access to the Rhode Island minor account holder's account
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during the hours of 10:30 p.m. to 6:30 a.m., unless the access is modified according to another
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requirement of this section.
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(1) Time of day under this section shall be calculated based on the Internet protocol address
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being used by the Rhode Island minor account holder at the time of attempting access.
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(2) A social media company shall provide options for a parent or guardian with access to
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an account under § 6-63-4 to:
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(i) Change or eliminate the time-of-day restriction described in subsection (a) of this
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section; and
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(ii) Set a limit on the number of hours per day that a Rhode Island minor account holder
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may use the account.
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(3) A social media company shall not permit a Rhode Island minor account holder to
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change or bypass restrictions on access as required by this section.
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(4) Notwithstanding any provision of this section, a social media company shall permit a
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parent or guardian with access to an account under § 6-63-4 to access the account without time
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restrictions.
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6-63-6. Investigating powers of the department.

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(a) The department shall receive consumer complaints alleging a violation of this chapter.
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(b) A person may file a consumer complaint that alleges a violation under this chapter, with
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the department.
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(c) The department shall investigate a consumer complaint to determine whether a violation
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of §§ 6-63-2, 6-63-3, and/or 6-63-4 occurred.
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6-63-7. Enforcement powers of the department.

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(a) Except for a private right of action under § 6-63-9, the department has the exclusive
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authority to administer and enforce the requirements of §§ 6-63-2, 6-63-3, and 6-63-4.
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(b) The attorney general upon request, shall give legal advice to, and act as counsel for, the
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department in the exercise of the department responsibilities under this chapter.
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(c) Subject to the ability to cure an alleged violation under this chapter:
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(1) The department director may impose an administrative fine of up to two thousand five
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hundred dollars ($2,500) for each violation of this chapter; and

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(2) The department may bring an action in a court of competent jurisdiction to enforce a
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provision of this chapter.
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(d) In a court action by the department to enforce a provision of §§ 6-63-2, 6-63-3, or 6-
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63-4, the court may:
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(1) Declare that the act or practice violates a provision of §§ 6-63-2, 6-63-3, or 6-63-4;
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(2) Issue an injunction for a violation of §§ 6-63-2, 6-63-3; or 6-63-4;
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(3) Order disgorgement of any money received in violation of §§ 6-63-2, 6-63-3, or 6-63-
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4;
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(4) Order payment of disgorged money to an injured purchaser or consumer;
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(5) Award actual damages to an injured purchaser or consumer; and
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(6) Award any other relief that the court deems reasonable and necessary.
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(e) At least thirty (30) days before the day on which the department initiates an enforcement
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action against a person or entity that is subject to the requirements of this chapter, the department
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shall provide the person or entity with:
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(1) Written notice that identifies each alleged violation; and
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(2) An explanation of the basis for each allegation.
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(f) The department may not initiate an action if the person or entity:
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(1) Cures the noticed violation within thirty (30) days after the day on which the person or
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entity receives the notices; and
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(2) Provides the department with a written statement that:
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(i) The person or entity has cured the violation; and
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(ii) States no further violation shall occur.
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(g) The department may initiate a civil action against a person or entity who:
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(1) Fails to cure a violation after receiving the notice described in this section; or
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(2) After curing a noticed violation and providing a written statement in accordance with
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the provisions of this chapter, commits another violation of the same provision.
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(h) If a court of competent jurisdiction grants judgment or injunctive relief to the
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department the court shall award the department:
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(1) Reasonable attorney fees;
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(2) Court costs; and
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(3) Investigative fees.
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(i) A person who repeatedly violates an administrative or court order issued for a violation
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of this chapter, is subject to a civil penalty of no more than five thousand dollars ($5,000) for a
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second or subsequent violation.

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(j) A civil penalty authorized under this section may be imposed in any civil action brought
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by the department or by the attorney general on behalf of the department.
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6-63-8. Department report.

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The department shall compile an annual report:
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(1) Evaluating the liability and enforcement provisions of this chapter, including:
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(i) The effectiveness of the department's efforts to enforce this chapter; and
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(ii) Any recommendations for changes to this chapter;
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(2) Summarizing the consumer interactions that are protected and not protected by this
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chapter, including a list of alleged violations the department has received; and
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(3) An accounting of all administrative fines and civil penalties assessed during the year.
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6-63-9. Private rights of action.

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(a) Commencing January l, 2027, an aggrieved person or account holder may bring an
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action against a person or entity that does not comply with a requirement of § 6-63-2.
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(b) A suit filed under the authority of this section shall be filed in the superior court for the
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county in which a person bringing the action resides.
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(c) If a court finds that a person or entity has violated a provision of §§ 6-63-2, 6-63-3, or
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6-63-4, the person who brings an action under this section is entitled to:
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(1) An award of reasonable attorney fees and court costs; and
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(2) An amount equal to the greater of:
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(i) Two thousand five hundred dollars ($2,500) per each incident of violation; or
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(ii) Actual damages for financial, physical, and emotional harm incurred by the person
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bringing the action, if the court determines that the harm is a direct consequence of the violation or
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violations.
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6-63-10. Waiver prohibited.

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A waiver or limitation, or a purported waiver or limitation, of any of the following is void
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as unlawful, is against public policy, and a court or arbitrator may not enforce or give effect to the
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waiver, notwithstanding any contract or choice-of-law provision in a contract of a protection or
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requirement provided under this chapter.
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6-63-11. Severability.

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If any provision of this chapter or the application of any provision to any person or
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circumstance is held invalid by a final decision of a court of competent jurisdiction, the remainder
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of this chapter shall be given effect without the invalid provision or application. The provisions of
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this chapter are severable.

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SECTION 2. This act shall take effect on January 1, 2027.
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LC004225
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EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO COMMERCIAL LAW -- GENERAL REGULATORY PROVISIONS --
RHODE ISLAND SOCIAL MEDIA REGULATION ACT
***
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This act would create the Rhode Island Social Media Regulation act, which would not
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permit a Rhode Island resident who is a minor to be an account holder on a social media's platform
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unless the minor has the express consent of a parent or guardian.
4
This act would take effect on January 1, 2027.
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LC004225
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