NOTE: §1752 as enacted by Acts 2023, No. 456, eff. July 1, 2024.

§1752. Age requirements for use of social media platform; parental consent

            A. A social media company shall make commercially reasonable efforts to verify the age of Louisiana account holders with a level of certainty appropriate to the risks that arise from the information management practices of the social media company or apply the accommodations afforded to minors pursuant to this Chapter to all account holders.

            B. A social media company shall not permit a Louisiana resident who is a minor to be an account holder on the social media company's social media platform unless the minor has the express consent of a parent or guardian. Acceptable methods of obtaining express consent from a parent or guardian include any of the following:

            (1) Providing a form for the minor's parent or guardian to sign and return to the digital service provider by common carrier, facsimile, or electronic scan.

            (2) Providing a toll-free telephone number for the minor's parent or guardian to call to consent.

            (3) Coordinating a call with a minor's parent or guardian over video conferencing technology.

            (4) Collecting information related to the government-issued identification of the minor's parent or guardian and deleting that information after confirming the identity of the minor's parent or guardian.

            (5) Allowing the minor's parent or guardian to provide consent by responding to an email and taking additional steps to verify the identity of the minor's parent or guardian.

            (6) Any other commercially reasonable method of obtaining consent in light of available technology.

            C. Notwithstanding any other provision of this Chapter, a social media company shall not permit a Louisiana resident who is a minor to hold or open an account on a social media platform if the minor is ineligible to hold or open an account pursuant to any other provision of state or federal law.

            D. The division may adopt rules in accordance with the Administrative Procedure Act that provide examples of all of the following:

            (1) Acceptable processes or means by which a social media company may meet the age verification requirements of this Chapter, including adjusting for new technologies.

            (2) Acceptable forms or methods of identification for individuals to verify that they are over the age of sixteen, which may not be limited to a valid identification card issued by a government entity.

            (3) Acceptable processes or means to confirm that a parent or guardian has provided consent for the minor to open or use an account pursuant to this Section.

            Acts 2023, No. 456, §1, eff. July 1, 2024.