Sponsored by:
Assemblywoman BARBARA MCCANN STAMATO
District 31 (Hudson)
Assemblyman CODY D. MILLER
District 4 (Atlantic, Camden and Gloucester)
Assemblywoman ANNETTE QUIJANO
District 20 (Union)
SYNOPSIS
Requires social media companies to take certain actions concerning accounts maintained by or featuring minors.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning social media companies and supplementing Title 56 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. As used in P.L. , c. (C. ) (pending before the Legislature as this bill):
"Account holder" means an individual who has or who creates an account or profile on a social media platform.
"Add" or "added" means a distinction from other users concerning the interaction of two separate social media accounts, at the mutual election of the account holders, by which the two account holders' settings enable them to view one another's posts, content, account, or profile. The term may also include any designation that enables direct messaging between the two accounts when such accounts do not permit such messaging with other users generally. "Add" or "added" includes, but is not limited to, friending, following, or similar actions.
"Director" means the Director of the Division of Consumer Affairs in the Department of Law and Public Safety
"Division" means the Division of Consumer Affairs established within the Department of Law and Public Safety pursuant to P.L.1971, c.134 (C.52:17B-118 et seq.).
"Geo fencing" means the creation of virtual boundaries around specific zones or locations using global positioning system (GPS), radio frequency identification (RFID), or Wi-Fi or cellular data to designate a virtual zone, that upon entering or exiting the virtual zone, triggers an action by the creator of the virtual zone.
"Individual" means any natural person.
"Likeness" means an image, painting, sketching, model, diagram, photograph, or other clear representation of an individual's face, body, or parts thereof, or the distinctive appearance, gestures, or mannerisms of an individual.
"Minor" means an individual under the age of 18.
"Name" means the actual or assumed name, or nickname, of a living individual that is intended to identify that individual.
"Social media company" means an individual, business, or other legal entity and its agents, assignees, or representatives that provides or operates a social media platform with at least five million account holders worldwide.
"Social media platform" means a public or semi-public Internet-based service or application that has account holders in this State, which service or application: allows account holders to construct a public or semi-public profile for the purposes of using the platform, populate a list of other account holders with whom the account holder shares a social connection through the platform, and post content viewable by other account holders or users of the platform; and is designed to connect account holders within the platform to facilitate social interactions, except that a service or application that provides email or direct messaging services shall not be considered to meet this criterion solely based on the existence of that functionality. "Social media platform" shall not include "news media" as defined in section 2 of P.L.1977, c.253 (C.2A:84A-21a).
"Sponsored content" means information or media content that is produced and shared on a social media platform for specific audiences, particularly in a digital space, in exchange for compensation.
"Video" means a recording of an image or of moving images in which an individual is readily identifiable, which may be prerecorded or recorded online, or may be an online live video transmission or a live television transmission.
2. A social media company shall develop and use on the social media company's social media platform:
a. algorithms that detect suspicious patterns and flag potentially inappropriate activity, including adult interactions with minors, private messaging frequency between adults and minors, and attempts to establish inappropriate relationships with minors; and
b. a real-time monitoring system that continuously analyzes social media content and identifies potentially inappropriate activity involving minors, including an automated reporting mechanism that promptly reports identified instances to the appropriate authorities.
3. A social media company shall:
a. prohibit the account of a minor from appearing in the results of a search conducted by a person through the social media platform's search function unless the person holds an account that the minor user has previously added;
b. identify features and content that are inappropriate for an account holder who is a minor to access and use geo fencing to restrict the minor's access to such content or features;
c. prioritize and handle reports of inappropriate activity involving minors by directing reports to the appropriate local authorities or child protection agencies based on the account holder's location;
d. collaborate with law enforcement agencies, child protection agencies, and legal experts to ensure compliance with privacy laws and regulations;
e. send safety alerts and notifications to an account holder in a specific geographic area that has an increased risk of child exploitation; and
f. conduct regular audits and assessments to evaluate the effectiveness of the implemented monitoring and reporting measures and make necessary improvements.
4. a. (1) In the event that an account holder uses a minor's name or likeness in more than 25 percent of the sponsored content for the account, the social media platform shall require verification that the account holder is the parent or guardian of the minors portrayed in the account holder's sponsored content and is the primary account holder.
(2) A parent or guardian shall verify the account by providing to the social media platform the parent or guardian's government-issued identification.
b. Upon verification pursuant to paragraph (2) of subsection a. of this section:
(1) the social media platform shall place a public banner on the account holder's account page that clearly indicates the account holder is an adult; and
(2) the account may appear in the results of a search conducted by any account holder through the social media's platform's search function.
5. a. The Division of Consumer Affairs shall investigate consumer complaints alleging violations of, and enforce the provisions of P.L. , c. (C. ) (pending before the Legislature as this bill) as outlined in this section. All civil penalties in this section shall be collected by the director in a summary proceeding before a court of competent jurisdiction pursuant to the provisions of the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.).
b. Subject to the conditions of subsection d. of this section, the director may impose a civil penalty in an amount not to exceed $2,500 for each violation of P.L. , c. (C. ) (pending before the Legislature as this bill).
c. Subject to the conditions of subsection d. of this section, the director may initiate a civil action to enforce P.L. , c. (C. ) (pending before the Legislature as this bill) in the Superior Court.
(1) A court presiding over an action initiated pursuant to this subsection may:
(a) declare that an act or practice constitutes a violation of P.L. , c. (C. ) (pending before the Legislature as this bill);
(b) issue an injunction against further violation of P.L. , c. (C. ) (pending before the Legislature as this bill);
(c) order disgorgement, for payment to an individual who is identified by the court as an injured user or injured account holder, of any money received in connection with a violation of P.L. , c. (C. ) (pending before the Legislature as this bill);
(d) impose a civil penalty in an amount not to exceed $2,500 for each violation of P.L. , c. (C. ) (pending before the Legislature as this bill);
(e) award actual damages to an injured user or injured account holder; and
(f) award any other relief the court deems reasonable and necessary.
(2) If a court grants judgment or injunctive relief in an action initiated pursuant to this subsection, the court shall award the division reasonable attorney fees, court costs, and investigative fees.
d. (1) At least 30 days prior to initiating an enforcement action against a person pursuant to subsection b. or c. of this section, the division shall provide the person with a written notice identifying and explaining the basis for each alleged violation of P.L. , c. (C. ) (pending before the Legislature as this bill).
(2) Except as provided in paragraph (3) of this subsection, the division shall not initiate an enforcement action against a person pursuant to subsection b. or c. of this section if that person:
(a) cures the violation within 30 days after receiving notice pursuant to paragraph (1) of this subsection; and
(b) provides the division with a written statement that the person has cured the violation and that no further violation will occur.
(3) Notwithstanding any provision of this section to the contrary, the division may initiate a civil action pursuant to subsection c. of this section against a person that:
(a) fails to cure a violation after receiving notice pursuant to paragraph (1) of this subsection; or
(b) commits another violation of the same provision of P.L. , c. (C. ) (pending before the Legislature as this bill) after meeting the conditions of paragraph (2) of this subsection for a prior noticed violation.
e. The division shall be entitled to such penalties, fines, or fees as may be authorized pursuant to this section in any successful enforcement action pursuant to this section for a violation of P.L. , c. (C. ) (pending before the Legislature as this bill).
6. a. An individual may bring an action against a social media company that does not comply with any provision of P.L. , c. (C. ) (pending before the Legislature as this bill). An action pursuant to this subsection shall be brought in the Superior Court of the county in which the individual bringing the action resides.
b. If a court finds that a social media company has failed to comply with any provision of P.L. , c. (C. ) (pending before the Legislature as this bill), the individual bringing an action pursuant to subsection a. of this section shall be entitled to:
(1) reasonable attorney fees and court costs; and
(2) an amount equal to the greater of:
(a) $2,500 per violation; or
(b) actual damages for financial, physical, or emotional harm incurred by the individual bringing the action pursuant to subsection a. of this section, if the court determines that the harm is a direct consequence of the violation.
7. This act shall take effect immediately.
STATEMENT
This bill requires social media companies to develop and use on its social media platform: (1) algorithms that detect suspicious patterns and flag potentially inappropriate activity, including adult interactions with minors, private messaging frequency between adults and minors, and attempts to establish inappropriate relationships with minors; and (2) a real-time monitoring system that continuously analyzes social media content and identifies potentially inappropriate activity involving minors, including an automated reporting mechanism that promptly reports identified instances to the appropriate authorities.
Additionally, a social media company is required to: (1) prohibit minors from appearing in the results of a search conducted by a person through the social media platform's search function unless the person holds an account that the minor user has previously added; (2) identify features and content that are inappropriate for an account holder who is a minor to access and use geo fencing to restrict the minor's access to such content or features; (3) prioritize and handle reports of inappropriate activity involving minors by directing reports to the appropriate local authorities or child protection agencies based on the account holder's location; (4) collaborate with law enforcement agencies, child protection agencies, and legal experts to ensure compliance with privacy laws and regulations; (5) send safety alerts and notifications to an account holder in a specific geographic area that has an increased risk of child exploitation; and (6) conduct regular audits and assessments to evaluate the effectiveness of the implemented monitoring and reporting measures and make necessary improvements.
This bill also requires that, in the event the account holder uses a minor's name or likeness in more than 25 percent of the sponsored content for the account, the social media platform is required to verify that the account holder is the parent or guardian of the minors portrayed in the account holder's sponsored content and is the primary account holder. Upon verification, the social media platform is required to place a public banner on the account holder's account page that clearly indicates the account holder is an adult and the account may appear in the results of a search conducted by any account holder through the social media's platform's search function.
The Division of Consumer Affairs (division) is responsible for enforcement of the bill's provisions. The division is required to investigate consumer complaints alleging violations of, and enforce the provisions of this bill. The division is authorized to impose a civil penalty of up to $2,500 for each violation or to initiate a civil suit in Superior Court. In addition, an individual may bring an action in the Superior Court against a social media company, for failure to comply with the provisions of this bill. If the individual's suit is successful, the individual is entitled to reasonable attorney fees and court costs. The individual is also entitled to either actual damages or $2,500, whichever is greater.