United States of America: Senate adopted and enrolled South Carolina Social Media Regulation Act (H 3431) including design requirement

On 21 January 2026, the South Carolina Senate adopted the South Carolina Social Media Regulation Act (H.3431) by concurring in the House amendment and enrolling the Bill. The Act establishes an “Age-Appropriate Code Design” chapter applicable to covered online services reasonably likely to be accessed by minors. The Act requires covered online services to exercise reasonable care in the design and operation of services and in the use of minors’ personal data to prevent specified harms. The Act requires default high-level safeguards for individuals known to be minors, including user and parental control tools, restrictions on data collection and profiling, and a prohibition on facilitating targeted advertising to minors. The Act prohibits advertisements directed to minors for products prohibited for minors. The Act prohibits the use of dark patterns and classifies their use as an unlawful trade practice under the South Carolina Unfair Trade Practices Act. The Act further requires clear disclosures regarding personalised recommendation systems, annual independent audit reporting, and enforcement by the Attorney General, including treble damages for violations.