United States of America: House of Representatives passed South Carolina Social Media Regulation Act (H 3431) including design requirement

On 20 February 2025, the House of Representatives passed the South Carolina Social Media Regulation Act (H 3431) and sent it to the South Carolina Senate. The Bill would establish a chapter entitled “Age-Appropriate Code Design”, applicable to covered online services that are reasonably likely to be accessed by minors. It would require these services to exercise reasonable care in their design and operation, and in their use of minors' personal data, to prevent specified harms. It would also require the provision of accessible and easy-to-use tools for minors and parents, with high-level protections set by default for individuals known to be minors. This would include controls over design features, personalised recommendation systems, messaging, visibility settings and notifications. It would also restrict data collection, profiling and targeted advertising to minors, and require reporting mechanisms for harm to minors. It would also prohibit the use of dark patterns, classifying them as an unlawful trade practice. It would also require clear and conspicuous disclosures in terms and conditions, explaining how personalised recommendation systems are used and the opt-out mechanisms available. The Bill would provide for annual independent audit reporting and enforcement by the Attorney General.