SC H3431: South Carolina Social Media Regulation Act

In one paragraph

South Carolina's H. 3431 (Act No. 96 of 2026) adds an Age-Appropriate Code Design chapter (S.C. Code Title 39, Chapter 80) for online services, including AI-based ones, meeting revenue or data thresholds and reasonably likely to be accessed by minors. They must use reasonable care to prevent listed harms to minors, offer tools to turn off features like infinite scroll and autoplay, let users opt out of personalized recommendation systems (the default for known minors), minimize minors' data, limit profiling of known minors, stop targeted ads to minors, provide parental tools and publish annual independent audits. The Attorney General enforces. Signed February 5, 2026; effective on approval.

Plain-English summary, written with AI assistance. The official text controls.

What it means for business

Online services meeting revenue or data thresholds and likely used by SC minors must add minor-safety design controls, recommendation-system opt-outs (default for known minors), data minimization and parental tools, stop targeted ads to minors, and publish annual independent audits by July 1.

Key provisions

1. 1Covered online service: a business conducting business in South Carolina that is reasonably likely to be accessed by minors, determines the purposes and means of processing personal data, and either has annual gross revenues over $25 million (CPI-adjusted), buys, receives, sells or shares personal data of 50,000 or more consumers, households or devices a year, or derives at least half its revenue from selling or sharing personal data; an online service may be based in part or in whole on artificial intelligence
2. 2Reasonably likely to be accessed by a minor (under 18): the service knows a particular user is a minor (actual knowledge includes ages it attributes for marketing or advertising), or it is directed to children under COPPA, in which case it must treat all users as minors unless it knows otherwise
3. 3§ 39-80-20: reasonable care in the use of minors' personal data and in design and operation, including covered design features, to prevent compulsive usage, severe psychological harm, severe emotional distress, highly offensive privacy intrusions, identity theft, discrimination and material financial or physical injury, limited to harms for which 47 U.S.C. § 230 permits liability
4. 4§ 39-80-30: easy tools to disable non-essential design features (infinite scroll, autoplay, gamification, engagement counts, notifications, in-game purchases, appearance-altering filters), limit time and purchases, and limit unwanted contact and visibility; an option to opt out of personalized recommendation systems (automated systems ranking content from personal data), set as the default for known minors along with the other safeguards
5. 5§ 39-80-40: collect, use, share and retain only the minimum personal data of minors needed; no targeted advertising to minors; no precise geolocation by default unless necessary; no profiling (automated processing to evaluate or predict aspects of a user) of known minors unless necessary for the service requested; an option to block notifications to known minors overnight and during school hours; highest-protection settings by default
6. 6§§ 39-80-50 and -60: default-on parental tools (settings, purchases, time and time-of-day limits); harm-reporting mechanisms; no ads to known minors for products prohibited for them; dark patterns barred as an unfair trade practice under the South Carolina Unfair Trade Practices Act; terms must explain how personalized recommendation systems are used for minors and how to opt out
7. 7§ 39-80-70 and -80: by July 1 each year, a public report by an independent third-party auditor covering design features, use of minors' data, age verification methods and a description of the algorithms used, submitted to the Attorney General for posting; the Attorney General enforces; services are liable for treble financial damages, and officers and employees may be personally liable for wilful and wanton violations
8. 8Ratified February 3, 2026 (R100); signed by the Governor February 5, 2026 (Act No. 96); takes effect upon approval; excludes government entities and data covered by GLBA Title V, HITECH or HIPAA privacy rules

Latest legislative action

Feb 5, 2026. Signed By Governor (Act No. 96)

Sponsors (showing 5 of 136)

Roll call votes (showing 3 of 7)

Related and companion bills

• South Carolina S0268Children and Social Media