Vote Smart's Synopsis:

Vote to concur with house amendments and pass a bill that requires age verification for social media use.

Highlights:

• Defines “Account holder” as an individual or user who creates an account or a profile to use a social media platform or website (Sec. 1).

• Defines “Arkansas user” as an individual whose primary residence is in the state of Arkansas who accesses or attempts to access social media (Sec. 1).

• Defines “Commercial entity” as a corporation, limited liability company, partnership, limited partnership, sole proprietorship, or other legally recognized entity. (Sec. 1).

• Defines “Minor” as an individual who is under eighteen years of age (Sec.1).

• Defines “Reasonable age verification” as a means to confirm whether someone is at or above the age of eighteen before accessing social media (Sec. 1).

• Defines “Social Media Company” as an online forum or platform that allows a user to do the following (Sec. 1):

• Create a public profile;

• Upload content;

• View content made by others; and 

• Interact with other account holders and users in a multitude of ways.

• Defines a “Social Media company” as not the following (Sec.1):

• A media company that offer exclusive content via subscription; 

• A media company Allows a user to post content including short video clips of individuals featuring voiceover or other acts of entertainment;

• A media company that allows users to interacting gaming, virtual gaming, or an online service, that allows the creation and uploading of content for the purpose of interacting gaming;

• A medium company that offers cloud service, cybersecurity services, educational devices, tool for educational services for kindergarten through 12th grade and derives less that 25% of their company income from operating a social media platform; and 

• A media company that provides career development resources. 

• Defines a “Social media platform” as a platform that is a public or semipublic internet-based service or application That has users in Arkansas; and On which a substantial function of the service or application is to connect users in order to allow users to interact socially with each other within the service or application. A service or application that provides email or direct messaging shall not be considered to meet the criteria under subdivision (8)(A)(ii)(a) of this section on the basis of that function alone (Sec. 1). 

• Establishes that a “Social media platform is not an online service, a website, or an application if the predominant or exclusive function is (Sec. 1): 

• Email;

• Direct messaging; 

• News, entertainment, or other content;

• Online shopping or e-commerce; 

• Business-to-business software; 

• Cloud storage;

• Share documents;

• Interacting with data; 

• To permit comments on other websites; 

• Providing technical resources; and 

• Other research. 

• Requires that if an account holder is under the age of 18 the social media company shall confirm that a minor has consent under subsection of this section to become a new account holder, at the time an Arkansas user opens the account (Sec. 1).

• Requires that the social media company shall use a third party vendor or organization to perform age verification prior to creation of an account which can be verified with a digital copy of an ID such as a driver's license or government identification card (Sec. 1).

• Establishes that if a social media company does not do the proper age verification that they are liable (Sec. 1).

• Establishes that after conducting the proper age verification that the social media company does not retain any ID documents about the new user (Sec. 1).

• Establishes that a state prosecutor can initiate an enforcement action against a social media company that allegedly violates the above verification processes (Sec.1).

• Establishes that a social media that violates the above verification process is liable to the following (Sec. 1):

• $2,500 per violation;

• Court costs; 

• Attorney’s fees;and  

• Damages related to a minor accessing the social media platform prior ot the age of 18 

• Establishes that Internet Service Providers (ISPs) are not liable for the social media platforms content and or the content that is posted on said platforms (Sec. 1). 

• Establishes that commercial entities that retain identifying documents are liable for damages associated with the retention of said materials (Sec. 1). 

• Establishes that this law goes into effect on and after September 1, 2023 (Sec. 2).

Full Bill Text

Vote Smart's Synopsis:

Vote to amend and pass a bill that requires age verification for social media use.

Highlights:

• Defines “Account holder” as an individual or user who creates an account or a profile to use a social media platform or website (Sec. 1).

• Defines “Arkansas user” as an individual whose primary residence is in the state of Arkansas who accesses or attempts to access social media (Sec. 1).

• Defines “Commercial entity” as a corporation, limited liability company, partnership, limited partnership, sole proprietorship, or other legally recognized entity. (Sec. 1).

• Defines “Minor” as an individual who is under eighteen years of age (Sec.1).

• Defines “Reasonable age verification” as a means to confirm whether someone is at or above the age of eighteen before accessing social media (Sec. 1).

• Defines “Social Media Company” as an online forum or platform that allows a user to do the following (Sec. 1):

• Create a public profile;

• Upload content;

• View content made by others; and 

• Interact with other account holders and users in a multitude of ways.

• Defines a “Social Media company” as not the following (Sec.1):

• A media company that offer exclusive content via subscription; 

• A media company Allows a user to post content including short video clips of individuals featuring voiceover or other acts of entertainment;

• A media company that allows users to interacting gaming, virtual gaming, or an online service, that allows the creation and uploading of content for the purpose of interacting gaming;

• A medium company that offers cloud service, cybersecurity services, educational devices, tool for educational services for kindergarten through 12th grade and derives less that 25% of their company income from operating a social media platform; and 

• A media company that provides career development resources. 

• Defines a “Social media platform” as a platform that is a public or semipublic internet-based service or application That has users in Arkansas; and On which a substantial function of the service or application is to connect users in order to allow users to interact socially with each other within the service or application. A service or application that provides email or direct messaging shall not be considered to meet the criteria under subdivision (8)(A)(ii)(a) of this section on the basis of that function alone (Sec. 1). 

• Establishes that a “Social media platform is not an online service, a website, or an application if the predominant or exclusive function is (Sec. 1): 

• Email;

• Direct messaging; 

• News, entertainment, or other content;

• Online shopping or e-commerce; 

• Business-to-business software; 

• Cloud storage;

• Share documents;

• Interacting with data; 

• To permit comments on other websites; 

• Providing technical resources; and 

• Other research. 

• Requires that if an account holder is under the age of 18 the social media company shall confirm that a minor has consent under subsection of this section to become a new account holder, at the time an Arkansas user opens the account (Sec. 1).

• Requires that the social media company shall use a third party vendor or organization to perform age verification prior to creation of an account which can be verified with a digital copy of an ID such as a driver's license or government identification card (Sec. 1).

• Establishes that if a social media company does not do the proper age verification that they are liable (Sec. 1).

• Establishes that after conducting the proper age verification that the social media company does not retain any ID documents about the new user (Sec. 1).

• Establishes that a state prosecutor can initiate an enforcement action against a social media company that allegedly violates the above verification processes (Sec.1).

• Establishes that a social media that violates the above verification process is liable to the following (Sec. 1):

• $2,500 per violation;

• Court costs; 

• Attorney’s fees;and  

• Damages related to a minor accessing the social media platform prior ot the age of 18 

• Establishes that Internet Service Providers (ISPs) are not liable for the social media platforms content and or the content that is posted on said platforms (Sec. 1). 

• Establishes that commercial entities that retain identifying documents are liable for damages associated with the retention of said materials (Sec. 1). 

• Establishes that this law goes into effect on and after September 1, 2023 (Sec. 2).

Full Bill Text

Highlights:

Defines “Account holder” as an individual or user who creates an account or a profile to use a social media platform or website (Sec. 1).

Defines “Arkansas user” as an individual whose primary residence is in the state of Arkansas who accesses or attempts to access social media (Sec. 1).

Defines “Commercial entity” as a corporation, limited liability company, partnership, limited partnership, sole proprietorship, or other legally recognized entity. (Sec. 1).

Defines “Minor” as an individual who is under eighteen years of age (Sec.1).

Defines “Reasonable age verification” as a means to confirm whether someone is at or above the age of eighteen before accessing social media (Sec. 1).

Defines “Social Media Company” as an online forum or platform that allows a user to do the following (Sec. 1):

Create a public profile;

Upload content;

View content made by others; and 

Interact with other account holders and users in a multitude of ways.

Defines a “Social Media company” as not the following (Sec.1):

A media company that offer exclusive content via subscription; 

A media company Allows a user to post content including short video clips of individuals featuring voiceover or other acts of entertainment;

A media company that allows users to interacting gaming, virtual gaming, or an online service, that allows the creation and uploading of content for the purpose of interacting gaming;

A medium company that offers cloud service, cybersecurity services, educational devices, tool for educational services for kindergarten through 12th grade and derives less that 25% of their company income from operating a social media platform; and 

A media company that provides career development resources. 

Defines a “Social media platform” as a platform that is a public or semipublic internet-based service or application That has users in Arkansas; and On which a substantial function of the service or application is to connect users in order to allow users to interact socially with each other within the service or application. A service or application that provides email or direct messaging shall not be considered to meet the criteria under subdivision (8)(A)(ii)(a) of this section on the basis of that function alone (Sec. 1). 

Establishes that a “Social media platform is not an online service, a website, or an application if the predominant or exclusive function is (Sec. 1): 

Email;

Direct messaging; 

News, entertainment, or other content;

Online shopping or e-commerce; 

Business-to-business software; 

Cloud storage;

Share documents;

Interacting with data; 

To permit comments on other websites; 

Providing technical resources; and 

Other research. 

Requires that if an account holder is under the age of 18 the social media company shall confirm that a minor has consent under subsection of this section to become a new account holder, at the time an Arkansas user opens the account (Sec. 1).

Requires that the social media company shall use a third party vendor or organization to perform age verification prior to creation of an account which can be verified with a digital copy of an ID such as a driver's license or government identification card (Sec. 1).

Establishes that if a social media company does not do the proper age verification that they are liable (Sec. 1).

Establishes that after conducting the proper age verification that the social media company does not retain any ID documents about the new user (Sec. 1).

Establishes that a state prosecutor can initiate an enforcement action against a social media company that allegedly violates the above verification processes (Sec.1).

Establishes that a social media that violates the above verification process is liable to the following (Sec. 1):

$2,500 per violation;

Court costs; 

Attorney’s fees;and  

Damages related to a minor accessing the social media platform prior ot the age of 18 

Establishes that Internet Service Providers (ISPs) are not liable for the social media platforms content and or the content that is posted on said platforms (Sec. 1). 

Establishes that commercial entities that retain identifying documents are liable for damages associated with the retention of said materials (Sec. 1). 

Establishes that this law goes into effect on and after September 1, 2023 (Sec. 2).