United States of America: South Carolina Social Media Regulation Act (Act No. 96) including design requirement enters into force

On 5 February 2026, the Governor signed the South Carolina Social Media Regulation Act (Act No. 96), and the Act entered into force upon approval. The Act introduces a new “Age-Appropriate Code Design” chapter applicable to online services reasonably likely to be accessed by minors. It defines “covered design features” as features that encourage increased use by minors, including infinite scroll, autoplay, gamification elements, visible engagement metrics, notifications, in-app purchases, personalised recommendation systems, and appearance-altering filters. “Dark pattern” is defined as a user interface design that substantially impairs user autonomy or decision-making and prohibits the use of dark patterns, classifying such use as an unlawful trade practice under Section 39-5-20 of the South Carolina Unfair Trade Practices Act. It requires covered online services to exercise reasonable care in the use of minors’ personal data and in service design to prevent specified harms, including compulsive usage, severe psychological harm, discrimination, and financial injury. The Act requires high-level privacy settings and safeguards to be set by default for individuals known to be minors and mandates the provision of accessible tools to control design features and personalised recommendation systems. The Act restricts the collection and profiling of minors’ personal data, prohibits facilitating targeted advertising to minors, and requires parental control tools. The Act requires annual independent audit reports to be submitted to the Attorney General and provides for enforcement, including treble damages.