United States of America: Carolina Social Media Regulation Act (H 3431) including design requirement was introduced to House of Representatives

On 14 January 2025, the South Carolina Social Media Regulation Act (H 3431) was introduced to the South Carolina House of Representatives. The Bill would introduce a new “Age-Appropriate Design Code” chapter applicable to online services that are reasonably likely to be accessed by minors. It would define "covered design features" as features that encourage increased use by minors. These include infinite scroll, autoplay, gamification elements, visible engagement metrics, notifications, in-app purchases, personalised recommendation systems and appearance-altering filters. It would also define "dark pattern" as a user interface design that substantially impairs user autonomy or decision-making. It would require covered online services to exercise reasonable care in their use of minors' personal data and in the design of their services, in order to prevent specified harms including compulsive usage, severe psychological harm, discrimination and financial injury. It would also require high-level privacy settings to be set as the default for minors and provide opt-out tools for design features and personalised recommendation systems. Furthermore, it would restrict the collection and profiling of minors' data, prohibit targeted advertising to minors and mandate the provision of parental control tools. It would also require annual independent audit reports to be submitted to the Attorney General, and provide for enforcement, including treble damages.