Washington – The Computer & Communications Industry Association (CCIA) is urging South Carolina lawmakers to reconsider provisions in SB 268 and HB 3431, two legislative proposals that would regulate social media and other digital services used by minors. While CCIA supports strong protections for children online, the Association warns that both bills could have serious unintended consequences for free speech, small businesses, and user privacy.
SB 268, known as the “Age-Appropriate Design Code,” would impose broad and vague requirements on online platforms in an attempt to prevent harm to minors. Similarly, HB 3431, the “South Carolina Social Media Regulation Act,” would require companies to verify users’ ages and obtain parental consent in ways that raise constitutional and privacy concerns.
Both proposals rely on subjective standards – such as requiring “reasonable care” or “commercially reasonable efforts” – that lack clear guidance for compliance. SB 268’s design mandates could encourage platforms to restrict access to teens entirely to avoid liability, while HB 3431’s enforcement mechanisms could open the floodgates to costly and unnecessary litigation.
The following statement can be attributed to Tom Mann, State Policy Manager for CCIA:
“Protecting kids online is a shared goal – but how we get there truly matters. Both SB 268 and HB 3431 introduce vague standards and costly mandates that risk shutting young people out of online communities, stifling free expression, and forcing businesses to collect even more sensitive user data. We urge lawmakers to work with industry experts to develop solutions that are effective and constitutional and respect user privacy.”
