WHAT THIS BILL REGULATES · 2 REQUIREMENT TYPES
How Is This Bill Enforced
Verbatim statutory text on the left; plain-language analysis and a per-section checklist on the right. Numbered markers cross-link to the matching checklist row.
(1)–(16) As used in Sections 1 to 7 of this Act: (1) "Account holderAccount holder"Account holder" means a natural person who is a resident of the Commonwealth of Kentucky who has an account or a profile with a unique identifier on a covered social media platform during any period in which a covered social media platform knows or should reasonably know the person is physically located in Kentucky.Section 1(1)" means a natural person who is a resident of the Commonwealth of Kentucky who has an account or a profile with a unique identifier on a covered social media platformCovered social media platform"Covered social media platform" means a social media platform that collectively generated at least one billion dollars ($1,000,000,000) in advertising revenues annually, worldwide, in one (1) or more of the preceding three (3) years.Section 1(4) during any period in which a covered social media platformCovered social media platform"Covered social media platform" means a social media platform that collectively generated at least one billion dollars ($1,000,000,000) in advertising revenues annually, worldwide, in one (1) or more of the preceding three (3) years.Section 1(4) knows or should reasonably know the person is physically located in Kentucky; (2) "Addictive featureAddictive feature"Addictive feature" includes: (a) Infinite scrolling, including: 1. Continuously loading content, or content that loads as the account holder scrolls down the page without the need to open a separate page; or 2. Seamless content, or the use of pages with no visible or apparent end or page breaks; (b) Display of a profile-based feed; (c) Push notifications, whether audible, visual, or tactile: 1. Designed to: a. Call the attention of the account holder to newly posted content or to user responses to content posted by the account holder; or b. Inform the account holder about other specific activities or events related to the account holder's account; and 2. Not including notifications for the purposes of alerting the account holder to incoming calls, text messages, email messages, or similar messages sent by human contacts and delivered by means of any application; (d) Autoplay video or video that begins to play without the account holder first clicking on the video or on a play button for that video; (e) Display of personal metrics that indicate the number of times other users have clicked a button or taken other action to indicate their reaction to content posted by the account holder or have shared or reposted content posted by the account holder; and (f) Display of awards, badges, tiers, or any form of recognition of the account holder based on hours spent by the account holder on the social media platform, numbers of followers, numbers of postings, frequency or regularity of postings, or any other metric of usage or performance on the social media platform.Section 1(2)" includes: (a) Infinite scrolling, including: 1. Continuously loading content, or content that loads as the account holderAccount holder"Account holder" means a natural person who is a resident of the Commonwealth of Kentucky who has an account or a profile with a unique identifier on a covered social media platform during any period in which a covered social media platform knows or should reasonably know the person is physically located in Kentucky.Section 1(1) scrolls down the page without the need to open a separate page; or 2. Seamless content, or the use of pages with no visible or apparent end or page breaks; (b) Display of a profile-based feedProfile-based feed"Profile-based feed": (a) Means a stream of content which has been selected or prioritized by the social media platform for display to an account holder based in whole or in part on the personal information of that account holder; and (b) Does not include a stream of content where the selection or prioritization by the social media platform is based on the personal information of the account holder if: 1. The account holder affirmatively selected a third party's content for inclusion or exclusion from the account holder's displayed feed, including but not limited to following, friending, unfollowing, blocking, or engaging in a similar action with respect to the third party; or 2. The age or any estimate of the age of the account holder is used solely for the purpose of excluding content which is: a. A matter harmful to minors; or b. By policy of the covered social media platform, not suitable for presentation to children of that age.Section 1(13); (c) Push notifications, whether audible, visual, or tactile: 1. Designed to: a. Call the attention of the account holderAccount holder"Account holder" means a natural person who is a resident of the Commonwealth of Kentucky who has an account or a profile with a unique identifier on a covered social media platform during any period in which a covered social media platform knows or should reasonably know the person is physically located in Kentucky.Section 1(1) to newly posted content or to user responses to content posted by the account holderAccount holder"Account holder" means a natural person who is a resident of the Commonwealth of Kentucky who has an account or a profile with a unique identifier on a covered social media platform during any period in which a covered social media platform knows or should reasonably know the person is physically located in Kentucky.Section 1(1); or b. Inform the account holderAccount holder"Account holder" means a natural person who is a resident of the Commonwealth of Kentucky who has an account or a profile with a unique identifier on a covered social media platform during any period in which a covered social media platform knows or should reasonably know the person is physically located in Kentucky.Section 1(1) about other specific activities or events related to the account holderAccount holder"Account holder" means a natural person who is a resident of the Commonwealth of Kentucky who has an account or a profile with a unique identifier on a covered social media platform during any period in which a covered social media platform knows or should reasonably know the person is physically located in Kentucky.Section 1(1)'s account; and 2. Not including notifications for the purposes of alerting the account holderAccount holder"Account holder" means a natural person who is a resident of the Commonwealth of Kentucky who has an account or a profile with a unique identifier on a covered social media platform during any period in which a covered social media platform knows or should reasonably know the person is physically located in Kentucky.Section 1(1) to incoming calls, text messages, email messages, or similar messages sent by human contacts and delivered by means of any application; (d) Autoplay video or video that begins to play without the account holderAccount holder"Account holder" means a natural person who is a resident of the Commonwealth of Kentucky who has an account or a profile with a unique identifier on a covered social media platform during any period in which a covered social media platform knows or should reasonably know the person is physically located in Kentucky.Section 1(1) first clicking on the video or on a play button for that video; (e) Display of personal metrics that indicate the number of times other users have clicked a button or taken other action to indicate their reaction to content posted by the account holderAccount holder"Account holder" means a natural person who is a resident of the Commonwealth of Kentucky who has an account or a profile with a unique identifier on a covered social media platform during any period in which a covered social media platform knows or should reasonably know the person is physically located in Kentucky.Section 1(1) or have shared or reposted content posted by the account holderAccount holder"Account holder" means a natural person who is a resident of the Commonwealth of Kentucky who has an account or a profile with a unique identifier on a covered social media platform during any period in which a covered social media platform knows or should reasonably know the person is physically located in Kentucky.Section 1(1); and (f) Display of awards, badges, tiers, or any form of recognition of the account holderAccount holder"Account holder" means a natural person who is a resident of the Commonwealth of Kentucky who has an account or a profile with a unique identifier on a covered social media platform during any period in which a covered social media platform knows or should reasonably know the person is physically located in Kentucky.Section 1(1) based on hours spent by the account holderAccount holder"Account holder" means a natural person who is a resident of the Commonwealth of Kentucky who has an account or a profile with a unique identifier on a covered social media platform during any period in which a covered social media platform knows or should reasonably know the person is physically located in Kentucky.Section 1(1) on the social media platformSocial media platform"Social media platform" has the same meaning as in KRS 17.544.Section 1(15), numbers of followers, numbers of postings, frequency or regularity of postings, or any other metric of usage or performance on the social media platformSocial media platform"Social media platform" has the same meaning as in KRS 17.544.Section 1(15); (3) "ChildChild"Child" means an individual under the age of sixteen (16).Section 1(3)" means an individual under the age of sixteen (16); (4) "Covered social media platformCovered social media platform"Covered social media platform" means a social media platform that collectively generated at least one billion dollars ($1,000,000,000) in advertising revenues annually, worldwide, in one (1) or more of the preceding three (3) years.Section 1(4)" means a social media platformSocial media platform"Social media platform" has the same meaning as in KRS 17.544.Section 1(15) that collectively generated at least one billion dollars ($1,000,000,000) in advertising revenues annually, worldwide, in one (1) or more of the preceding three (3) years; (5) "First trigger dateFirst trigger date"First trigger date" means, with respect to each account holder and each covered social media platform, the date upon which the account holder has been on the covered social media platform for twenty-five (25) hours or more within a six (6) month period following the effective date of this Act.Section 1(5)" means, with respect to each account holderAccount holder"Account holder" means a natural person who is a resident of the Commonwealth of Kentucky who has an account or a profile with a unique identifier on a covered social media platform during any period in which a covered social media platform knows or should reasonably know the person is physically located in Kentucky.Section 1(1) and each covered social media platformCovered social media platform"Covered social media platform" means a social media platform that collectively generated at least one billion dollars ($1,000,000,000) in advertising revenues annually, worldwide, in one (1) or more of the preceding three (3) years.Section 1(4), the date upon which the account holderAccount holder"Account holder" means a natural person who is a resident of the Commonwealth of Kentucky who has an account or a profile with a unique identifier on a covered social media platform during any period in which a covered social media platform knows or should reasonably know the person is physically located in Kentucky.Section 1(1) has been on the covered social media platformCovered social media platform"Covered social media platform" means a social media platform that collectively generated at least one billion dollars ($1,000,000,000) in advertising revenues annually, worldwide, in one (1) or more of the preceding three (3) years.Section 1(4) for twenty-five (25) hours or more within a six (6) month period following the effective date of this Act; (6) "Matter harmful to minorsMatter harmful to minors"Matter harmful to minors" has the same meaning as in KRS 436.001.Section 1(6)" has the same meaning as in KRS 436.001; (7) "MinorMinor"Minor" means an individual under the age of eighteen (18).Section 1(7)" means an individual under the age of eighteen (18); (8) "Notice to a parentNotice to a parent"Notice to a parent" has the same meaning as established in the Children's Online Privacy Protection Act, 15 U.S.C. sec. 6501 et seq., and 16 C.F.R. sec. 312.4.Section 1(8)" has the same meaning as established in the Children's Online Privacy Protection Act, 15 U.S.C. sec. 6501 et seq., and 16 C.F.R. sec. 312.4; (9) "Paid commercial advertisingPaid commercial advertising"Paid commercial advertising" is advertising: (a) For which the social media platform receives any compensation in return for displaying the advertising; and (b) That seeks to encourage the account holder to: 1. Purchase a product or service or otherwise engage in a commercial transaction; or 2. Follow a link to a website that encourages the account holder to engage in a commercial transaction.Section 1(9)" is advertising: (a) For which the social media platformSocial media platform"Social media platform" has the same meaning as in KRS 17.544.Section 1(15) receives any compensation in return for displaying the advertising; and (b) That seeks to encourage the account holderAccount holder"Account holder" means a natural person who is a resident of the Commonwealth of Kentucky who has an account or a profile with a unique identifier on a covered social media platform during any period in which a covered social media platform knows or should reasonably know the person is physically located in Kentucky.Section 1(1) to: 1. Purchase a product or service or otherwise engage in a commercial transaction; or 2. Follow a link to a website that encourages the account holderAccount holder"Account holder" means a natural person who is a resident of the Commonwealth of Kentucky who has an account or a profile with a unique identifier on a covered social media platform during any period in which a covered social media platform knows or should reasonably know the person is physically located in Kentucky.Section 1(1) to engage in a commercial transaction; (10) "ParentParent"Parent" includes any legal guardian of a child resident of the Commonwealth of Kentucky.Section 1(10)" includes any legal guardian of a childChild"Child" means an individual under the age of sixteen (16).Section 1(3) resident of the Commonwealth of Kentucky; (11) "Personal informationPersonal information"Personal information": (a) Means: 1. Information about an account holder collected online that comprises personal information as defined in the Children's Online Privacy Protection Act, 15 U.S.C. sec. 6501(8); 2. Any record of or information derived from online activity or history, search history, or online communications of an account holder with respect to any application, website, or social media platform; 3. Any photograph or biometric information that is used or could reasonably be used to identify the account holder, including but not limited to fingerprints, voiceprints, iris or retina imagery scans, facial templates, and gait imagery or metric; or 4. Any geolocation information associated with an account holder or with a device of an account holder; and (b) Does not include: 1. An express search term, request, or selection submitted by the account holder during the current session on the covered social media platform; 2. An identifier used solely for the purpose of directing personal communications to or from the account holder; or 3. Information that comprises account holder-selected or parent-selected settings relating to privacy, accessibility, or blocking of age-inappropriate content, or technical information concerning the account holder's device.Section 1(11)": (a) Means: 1. Information about an account holderAccount holder"Account holder" means a natural person who is a resident of the Commonwealth of Kentucky who has an account or a profile with a unique identifier on a covered social media platform during any period in which a covered social media platform knows or should reasonably know the person is physically located in Kentucky.Section 1(1) collected online that comprises personal informationPersonal information"Personal information": (a) Means: 1. Information about an account holder collected online that comprises personal information as defined in the Children's Online Privacy Protection Act, 15 U.S.C. sec. 6501(8); 2. Any record of or information derived from online activity or history, search history, or online communications of an account holder with respect to any application, website, or social media platform; 3. Any photograph or biometric information that is used or could reasonably be used to identify the account holder, including but not limited to fingerprints, voiceprints, iris or retina imagery scans, facial templates, and gait imagery or metric; or 4. Any geolocation information associated with an account holder or with a device of an account holder; and (b) Does not include: 1. An express search term, request, or selection submitted by the account holder during the current session on the covered social media platform; 2. An identifier used solely for the purpose of directing personal communications to or from the account holder; or 3. Information that comprises account holder-selected or parent-selected settings relating to privacy, accessibility, or blocking of age-inappropriate content, or technical information concerning the account holder's device.Section 1(11) as defined in the Children's Online Privacy Protection Act, 15 U.S.C. sec. 6501(8); 2. Any record of or information derived from online activity or history, search history, or online communications of an account holderAccount holder"Account holder" means a natural person who is a resident of the Commonwealth of Kentucky who has an account or a profile with a unique identifier on a covered social media platform during any period in which a covered social media platform knows or should reasonably know the person is physically located in Kentucky.Section 1(1) with respect to any application, website, or social media platformSocial media platform"Social media platform" has the same meaning as in KRS 17.544.Section 1(15); 3. Any photograph or biometric information that is used or could reasonably be used to identify the account holderAccount holder"Account holder" means a natural person who is a resident of the Commonwealth of Kentucky who has an account or a profile with a unique identifier on a covered social media platform during any period in which a covered social media platform knows or should reasonably know the person is physically located in Kentucky.Section 1(1), including but not limited to fingerprints, voiceprints, iris or retina imagery scans, facial templates, and gait imagery or metric; or 4. Any geolocation information associated with an account holderAccount holder"Account holder" means a natural person who is a resident of the Commonwealth of Kentucky who has an account or a profile with a unique identifier on a covered social media platform during any period in which a covered social media platform knows or should reasonably know the person is physically located in Kentucky.Section 1(1) or with a device of an account holderAccount holder"Account holder" means a natural person who is a resident of the Commonwealth of Kentucky who has an account or a profile with a unique identifier on a covered social media platform during any period in which a covered social media platform knows or should reasonably know the person is physically located in Kentucky.Section 1(1); and (b) Does not include: 1. An express search term, request, or selection submitted by the account holderAccount holder"Account holder" means a natural person who is a resident of the Commonwealth of Kentucky who has an account or a profile with a unique identifier on a covered social media platform during any period in which a covered social media platform knows or should reasonably know the person is physically located in Kentucky.Section 1(1) during the current session on the covered social media platformCovered social media platform"Covered social media platform" means a social media platform that collectively generated at least one billion dollars ($1,000,000,000) in advertising revenues annually, worldwide, in one (1) or more of the preceding three (3) years.Section 1(4); 2. An identifier used solely for the purpose of directing personal communications to or from the account holderAccount holder"Account holder" means a natural person who is a resident of the Commonwealth of Kentucky who has an account or a profile with a unique identifier on a covered social media platform during any period in which a covered social media platform knows or should reasonably know the person is physically located in Kentucky.Section 1(1); or 3. Information that comprises account holderAccount holder"Account holder" means a natural person who is a resident of the Commonwealth of Kentucky who has an account or a profile with a unique identifier on a covered social media platform during any period in which a covered social media platform knows or should reasonably know the person is physically located in Kentucky.Section 1(1)-selected or parentParent"Parent" includes any legal guardian of a child resident of the Commonwealth of Kentucky.Section 1(10)-selected settings relating to privacy, accessibility, or blocking of age-inappropriate content, or technical information concerning the account holderAccount holder"Account holder" means a natural person who is a resident of the Commonwealth of Kentucky who has an account or a profile with a unique identifier on a covered social media platform during any period in which a covered social media platform knows or should reasonably know the person is physically located in Kentucky.Section 1(1)'s device; (12) "Profile-based paid commercial advertisingProfile-based paid commercial advertising"Profile-based paid commercial advertising": (a) Means paid commercial advertising that has been selected or prioritized for display to an account holder based on personal information of the account holder by or with the participation of the social media platform; and (b) Does not include profile-based paid commercial advertising if that selection process considers information about or an estimate of the age of the account holder solely for the purpose of excluding advertisements which by law or policy are not suitable for presentation to a child.Section 1(12)": (a) Means paid commercial advertisingPaid commercial advertising"Paid commercial advertising" is advertising: (a) For which the social media platform receives any compensation in return for displaying the advertising; and (b) That seeks to encourage the account holder to: 1. Purchase a product or service or otherwise engage in a commercial transaction; or 2. Follow a link to a website that encourages the account holder to engage in a commercial transaction.Section 1(9) that has been selected or prioritized for display to an account holderAccount holder"Account holder" means a natural person who is a resident of the Commonwealth of Kentucky who has an account or a profile with a unique identifier on a covered social media platform during any period in which a covered social media platform knows or should reasonably know the person is physically located in Kentucky.Section 1(1) based on personal information of the account holderAccount holder"Account holder" means a natural person who is a resident of the Commonwealth of Kentucky who has an account or a profile with a unique identifier on a covered social media platform during any period in which a covered social media platform knows or should reasonably know the person is physically located in Kentucky.Section 1(1) by or with the participation of the social media platformSocial media platform"Social media platform" has the same meaning as in KRS 17.544.Section 1(15); and (b) Does not include profile-based paid commercial advertisingProfile-based paid commercial advertising"Profile-based paid commercial advertising": (a) Means paid commercial advertising that has been selected or prioritized for display to an account holder based on personal information of the account holder by or with the participation of the social media platform; and (b) Does not include profile-based paid commercial advertising if that selection process considers information about or an estimate of the age of the account holder solely for the purpose of excluding advertisements which by law or policy are not suitable for presentation to a child.Section 1(12) if that selection process considers information about or an estimate of the age of the account holderAccount holder"Account holder" means a natural person who is a resident of the Commonwealth of Kentucky who has an account or a profile with a unique identifier on a covered social media platform during any period in which a covered social media platform knows or should reasonably know the person is physically located in Kentucky.Section 1(1) solely for the purpose of excluding advertisements which by law or policy are not suitable for presentation to a childChild"Child" means an individual under the age of sixteen (16).Section 1(3); (13) "Profile-based feedProfile-based feed"Profile-based feed": (a) Means a stream of content which has been selected or prioritized by the social media platform for display to an account holder based in whole or in part on the personal information of that account holder; and (b) Does not include a stream of content where the selection or prioritization by the social media platform is based on the personal information of the account holder if: 1. The account holder affirmatively selected a third party's content for inclusion or exclusion from the account holder's displayed feed, including but not limited to following, friending, unfollowing, blocking, or engaging in a similar action with respect to the third party; or 2. The age or any estimate of the age of the account holder is used solely for the purpose of excluding content which is: a. A matter harmful to minors; or b. By policy of the covered social media platform, not suitable for presentation to children of that age.Section 1(13)": (a) Means a stream of content which has been selected or prioritized by the social media platformSocial media platform"Social media platform" has the same meaning as in KRS 17.544.Section 1(15) for display to an account holderAccount holder"Account holder" means a natural person who is a resident of the Commonwealth of Kentucky who has an account or a profile with a unique identifier on a covered social media platform during any period in which a covered social media platform knows or should reasonably know the person is physically located in Kentucky.Section 1(1) based in whole or in part on the personal information of that account holderAccount holder"Account holder" means a natural person who is a resident of the Commonwealth of Kentucky who has an account or a profile with a unique identifier on a covered social media platform during any period in which a covered social media platform knows or should reasonably know the person is physically located in Kentucky.Section 1(1); and (b) Does not include a stream of content where the selection or prioritization by the social media platformSocial media platform"Social media platform" has the same meaning as in KRS 17.544.Section 1(15) is based on the personal information of the account holderAccount holder"Account holder" means a natural person who is a resident of the Commonwealth of Kentucky who has an account or a profile with a unique identifier on a covered social media platform during any period in which a covered social media platform knows or should reasonably know the person is physically located in Kentucky.Section 1(1) if: 1. The account holderAccount holder"Account holder" means a natural person who is a resident of the Commonwealth of Kentucky who has an account or a profile with a unique identifier on a covered social media platform during any period in which a covered social media platform knows or should reasonably know the person is physically located in Kentucky.Section 1(1) affirmatively selected a third party's content for inclusion or exclusion from the account holderAccount holder"Account holder" means a natural person who is a resident of the Commonwealth of Kentucky who has an account or a profile with a unique identifier on a covered social media platform during any period in which a covered social media platform knows or should reasonably know the person is physically located in Kentucky.Section 1(1)'s displayed feed, including but not limited to following, friending, unfollowing, blocking, or engaging in a similar action with respect to the third party; or 2. The age or any estimate of the age of the account holderAccount holder"Account holder" means a natural person who is a resident of the Commonwealth of Kentucky who has an account or a profile with a unique identifier on a covered social media platform during any period in which a covered social media platform knows or should reasonably know the person is physically located in Kentucky.Section 1(1) is used solely for the purpose of excluding content which is: a. A matter harmful to minorsMatter harmful to minors"Matter harmful to minors" has the same meaning as in KRS 436.001.Section 1(6); or b. By policy of the covered social media platformCovered social media platform"Covered social media platform" means a social media platform that collectively generated at least one billion dollars ($1,000,000,000) in advertising revenues annually, worldwide, in one (1) or more of the preceding three (3) years.Section 1(4), not suitable for presentation to children of that age; (14) "Second trigger dateSecond trigger date"Second trigger date" means, with respect to each account holder and each covered social media platform, the date upon which the account holder has been on the covered social media platform for fifty (50) hours or more within a six (6) month period following the effective date of this Act.Section 1(14)" means, with respect to each account holderAccount holder"Account holder" means a natural person who is a resident of the Commonwealth of Kentucky who has an account or a profile with a unique identifier on a covered social media platform during any period in which a covered social media platform knows or should reasonably know the person is physically located in Kentucky.Section 1(1) and each covered social media platformCovered social media platform"Covered social media platform" means a social media platform that collectively generated at least one billion dollars ($1,000,000,000) in advertising revenues annually, worldwide, in one (1) or more of the preceding three (3) years.Section 1(4), the date upon which the account holderAccount holder"Account holder" means a natural person who is a resident of the Commonwealth of Kentucky who has an account or a profile with a unique identifier on a covered social media platform during any period in which a covered social media platform knows or should reasonably know the person is physically located in Kentucky.Section 1(1) has been on the covered social media platformCovered social media platform"Covered social media platform" means a social media platform that collectively generated at least one billion dollars ($1,000,000,000) in advertising revenues annually, worldwide, in one (1) or more of the preceding three (3) years.Section 1(4) for fifty (50) hours or more within a six (6) month period following the effective date of this Act; (15) "Social media platformSocial media platform"Social media platform" has the same meaning as in KRS 17.544.Section 1(15)" has the same meaning as in KRS 17.544; and (16) "Verifiable parental consentVerifiable parental consent"Verifiable parental consent" has the same meaning as in 15 U.S.C sec. 6501(9) and implementing regulations at 16 C.F.R sec. 312.5, with the added requirement that the covered social media platform has retained documentation sufficient to reasonably establish that it has obtained verifiable parental consent within the meaning of those provisions.Section 1(16)" has the same meaning as in 15 U.S.C sec. 6501(9) and implementing regulations at 16 C.F.R sec. 312.5, with the added requirement that the covered social media platformCovered social media platform"Covered social media platform" means a social media platform that collectively generated at least one billion dollars ($1,000,000,000) in advertising revenues annually, worldwide, in one (1) or more of the preceding three (3) years.Section 1(4) has retained documentation sufficient to reasonably establish that it has obtained verifiable parental consentVerifiable parental consent"Verifiable parental consent" has the same meaning as in 15 U.S.C sec. 6501(9) and implementing regulations at 16 C.F.R sec. 312.5, with the added requirement that the covered social media platform has retained documentation sufficient to reasonably establish that it has obtained verifiable parental consent within the meaning of those provisions.Section 1(16) within the meaning of those provisions.
Section 1 establishes the definitions governing the Act. Key terms include child (under 16), covered social media platform (platforms generating $1B+ in annual worldwide ad revenue), and addictive feature (an enumerated list of engagement-driving design patterns). The definition of personal information is broad, encompassing COPPA-defined information, online activity records, biometric data, and geolocation. Notably, the profile-based feed definition includes carve-outs for user-directed content curation (following, blocking) and age-based content exclusion.
(1)(a)–(b) 1 Within fourteen (14) days of the first trigger dateFirst trigger date"First trigger date" means, with respect to each account holder and each covered social media platform, the date upon which the account holder has been on the covered social media platform for twenty-five (25) hours or more within a six (6) month period following the effective date of this Act.Section 1(5), the covered social media platformCovered social media platform"Covered social media platform" means a social media platform that collectively generated at least one billion dollars ($1,000,000,000) in advertising revenues annually, worldwide, in one (1) or more of the preceding three (3) years.Section 1(4) shall use reasonable means and efforts, taking into consideration available technology and the data in the possession of the covered social media platformCovered social media platform"Covered social media platform" means a social media platform that collectively generated at least one billion dollars ($1,000,000,000) in advertising revenues annually, worldwide, in one (1) or more of the preceding three (3) years.Section 1(4), to estimate the age of the account holderAccount holder"Account holder" means a natural person who is a resident of the Commonwealth of Kentucky who has an account or a profile with a unique identifier on a covered social media platform during any period in which a covered social media platform knows or should reasonably know the person is physically located in Kentucky.Section 1(1). (b) If the covered social media platformCovered social media platform"Covered social media platform" means a social media platform that collectively generated at least one billion dollars ($1,000,000,000) in advertising revenues annually, worldwide, in one (1) or more of the preceding three (3) years.Section 1(4) is able to conclude with eighty percent (80%) confidence that the account holderAccount holder"Account holder" means a natural person who is a resident of the Commonwealth of Kentucky who has an account or a profile with a unique identifier on a covered social media platform during any period in which a covered social media platform knows or should reasonably know the person is physically located in Kentucky.Section 1(1) is over fifteen (15) years of age, the covered social media platformCovered social media platform"Covered social media platform" means a social media platform that collectively generated at least one billion dollars ($1,000,000,000) in advertising revenues annually, worldwide, in one (1) or more of the preceding three (3) years.Section 1(4) shall treat the account holderAccount holder"Account holder" means a natural person who is a resident of the Commonwealth of Kentucky who has an account or a profile with a unique identifier on a covered social media platform during any period in which a covered social media platform knows or should reasonably know the person is physically located in Kentucky.Section 1(1) as an individual other than a childChild"Child" means an individual under the age of sixteen (16).Section 1(3). Otherwise, the covered social media platformCovered social media platform"Covered social media platform" means a social media platform that collectively generated at least one billion dollars ($1,000,000,000) in advertising revenues annually, worldwide, in one (1) or more of the preceding three (3) years.Section 1(4) shall treat the account holderAccount holder"Account holder" means a natural person who is a resident of the Commonwealth of Kentucky who has an account or a profile with a unique identifier on a covered social media platform during any period in which a covered social media platform knows or should reasonably know the person is physically located in Kentucky.Section 1(1) as a childChild"Child" means an individual under the age of sixteen (16).Section 1(3) for purposes of Sections 1 to 7 of this Act.
(2)(a)–(b) 1 Within fourteen (14) days of the second trigger dateSecond trigger date"Second trigger date" means, with respect to each account holder and each covered social media platform, the date upon which the account holder has been on the covered social media platform for fifty (50) hours or more within a six (6) month period following the effective date of this Act.Section 1(14), the covered social media platformCovered social media platform"Covered social media platform" means a social media platform that collectively generated at least one billion dollars ($1,000,000,000) in advertising revenues annually, worldwide, in one (1) or more of the preceding three (3) years.Section 1(4) shall use reasonable means and efforts to revise its estimate of the account holderAccount holder"Account holder" means a natural person who is a resident of the Commonwealth of Kentucky who has an account or a profile with a unique identifier on a covered social media platform during any period in which a covered social media platform knows or should reasonably know the person is physically located in Kentucky.Section 1(1)'s age. (b) If the covered social media platformCovered social media platform"Covered social media platform" means a social media platform that collectively generated at least one billion dollars ($1,000,000,000) in advertising revenues annually, worldwide, in one (1) or more of the preceding three (3) years.Section 1(4) is able to conclude with ninety percent (90%) confidence that the account holderAccount holder"Account holder" means a natural person who is a resident of the Commonwealth of Kentucky who has an account or a profile with a unique identifier on a covered social media platform during any period in which a covered social media platform knows or should reasonably know the person is physically located in Kentucky.Section 1(1) is over fifteen (15) years of age, the covered social media platformCovered social media platform"Covered social media platform" means a social media platform that collectively generated at least one billion dollars ($1,000,000,000) in advertising revenues annually, worldwide, in one (1) or more of the preceding three (3) years.Section 1(4) may treat the account holderAccount holder"Account holder" means a natural person who is a resident of the Commonwealth of Kentucky who has an account or a profile with a unique identifier on a covered social media platform during any period in which a covered social media platform knows or should reasonably know the person is physically located in Kentucky.Section 1(1) as an individual other than a childChild"Child" means an individual under the age of sixteen (16).Section 1(3). Otherwise, the covered social media platformCovered social media platform"Covered social media platform" means a social media platform that collectively generated at least one billion dollars ($1,000,000,000) in advertising revenues annually, worldwide, in one (1) or more of the preceding three (3) years.Section 1(4) shall treat the account holderAccount holder"Account holder" means a natural person who is a resident of the Commonwealth of Kentucky who has an account or a profile with a unique identifier on a covered social media platform during any period in which a covered social media platform knows or should reasonably know the person is physically located in Kentucky.Section 1(1) as a childChild"Child" means an individual under the age of sixteen (16).Section 1(3) for purposes of Sections 1 to 7 of this Act.
(3) 1 A covered social media platformCovered social media platform"Covered social media platform" means a social media platform that collectively generated at least one billion dollars ($1,000,000,000) in advertising revenues annually, worldwide, in one (1) or more of the preceding three (3) years.Section 1(4) shall update its estimate of the age of each account holderAccount holder"Account holder" means a natural person who is a resident of the Commonwealth of Kentucky who has an account or a profile with a unique identifier on a covered social media platform during any period in which a covered social media platform knows or should reasonably know the person is physically located in Kentucky.Section 1(1) after every additional one hundred (100) hours spent by the account holderAccount holder"Account holder" means a natural person who is a resident of the Commonwealth of Kentucky who has an account or a profile with a unique identifier on a covered social media platform during any period in which a covered social media platform knows or should reasonably know the person is physically located in Kentucky.Section 1(1) on the platform, or as often as the covered social media platformCovered social media platform"Covered social media platform" means a social media platform that collectively generated at least one billion dollars ($1,000,000,000) in advertising revenues annually, worldwide, in one (1) or more of the preceding three (3) years.Section 1(4) applies any form of data analytics or artificial intelligence to update its estimate of any other demographic characteristic of the account holderAccount holder"Account holder" means a natural person who is a resident of the Commonwealth of Kentucky who has an account or a profile with a unique identifier on a covered social media platform during any period in which a covered social media platform knows or should reasonably know the person is physically located in Kentucky.Section 1(1) for any reason, whichever period is shorter.
(4) This section shall not be construed to create any duty on the part of a covered social media platformCovered social media platform"Covered social media platform" means a social media platform that collectively generated at least one billion dollars ($1,000,000,000) in advertising revenues annually, worldwide, in one (1) or more of the preceding three (3) years.Section 1(4) to request, collect, or retain any information from or about any account holderAccount holder"Account holder" means a natural person who is a resident of the Commonwealth of Kentucky who has an account or a profile with a unique identifier on a covered social media platform during any period in which a covered social media platform knows or should reasonably know the person is physically located in Kentucky.Section 1(1). The age estimate required by this section shall be derived based on information collected and retained in the ordinary course of operation of the covered social media platformCovered social media platform"Covered social media platform" means a social media platform that collectively generated at least one billion dollars ($1,000,000,000) in advertising revenues annually, worldwide, in one (1) or more of the preceding three (3) years.Section 1(4).
(5) A covered social media platformCovered social media platform"Covered social media platform" means a social media platform that collectively generated at least one billion dollars ($1,000,000,000) in advertising revenues annually, worldwide, in one (1) or more of the preceding three (3) years.Section 1(4) shall not have any obligation under Sections 1 to 7 of this Act to estimate the age of an account holderAccount holder"Account holder" means a natural person who is a resident of the Commonwealth of Kentucky who has an account or a profile with a unique identifier on a covered social media platform during any period in which a covered social media platform knows or should reasonably know the person is physically located in Kentucky.Section 1(1) or take any action with respect to any account if the account holderAccount holder"Account holder" means a natural person who is a resident of the Commonwealth of Kentucky who has an account or a profile with a unique identifier on a covered social media platform during any period in which a covered social media platform knows or should reasonably know the person is physically located in Kentucky.Section 1(1) had the account with the covered social media platformCovered social media platform"Covered social media platform" means a social media platform that collectively generated at least one billion dollars ($1,000,000,000) in advertising revenues annually, worldwide, in one (1) or more of the preceding three (3) years.Section 1(4) continuously for at least seven (7) years prior to the effective date of this Act.
Section 2 creates a usage-triggered age estimation regime. Platforms must estimate user age within 14 days of two usage thresholds: the first trigger date (25 hours in 6 months) and the second trigger date (50 hours in 6 months), with escalating confidence requirements (80% then 90%). If a platform cannot meet the confidence threshold, it must default to treating the account holder as a child. Ongoing re-estimation is required every 100 hours or whenever the platform updates any other demographic estimate for the user, whichever is shorter. The section includes two important limitations: platforms need not collect new data solely for age estimation, and accounts held continuously for at least seven years before the effective date are fully exempt.
(1) 2 A covered social media platformCovered social media platform"Covered social media platform" means a social media platform that collectively generated at least one billion dollars ($1,000,000,000) in advertising revenues annually, worldwide, in one (1) or more of the preceding three (3) years.Section 1(4) shall require any applicant for an account to provide his or her birth date as part of the account application process, and may not provide any default birth date when requesting that information.
(2) 3 A covered social media platformCovered social media platform"Covered social media platform" means a social media platform that collectively generated at least one billion dollars ($1,000,000,000) in advertising revenues annually, worldwide, in one (1) or more of the preceding three (3) years.Section 1(4) shall not create an account for a user identified as a childChild"Child" means an individual under the age of sixteen (16).Section 1(3) pursuant to subsection (1) of Section 3 of this Act, maintain an account for a user required to be treated as a childChild"Child" means an individual under the age of sixteen (16).Section 1(3) pursuant to Section 7 of this Act, or change the terms and conditions of an account for a childChild"Child" means an individual under the age of sixteen (16).Section 1(3), without first obtaining verifiable parental consentVerifiable parental consent"Verifiable parental consent" has the same meaning as in 15 U.S.C sec. 6501(9) and implementing regulations at 16 C.F.R sec. 312.5, with the added requirement that the covered social media platform has retained documentation sufficient to reasonably establish that it has obtained verifiable parental consent within the meaning of those provisions.Section 1(16). Information collected for the purpose of obtaining verifiable parental consentVerifiable parental consent"Verifiable parental consent" has the same meaning as in 15 U.S.C sec. 6501(9) and implementing regulations at 16 C.F.R sec. 312.5, with the added requirement that the covered social media platform has retained documentation sufficient to reasonably establish that it has obtained verifiable parental consent within the meaning of those provisions.Section 1(16) shall not be used for any purpose other than obtaining verifiable parental consentVerifiable parental consent"Verifiable parental consent" has the same meaning as in 15 U.S.C sec. 6501(9) and implementing regulations at 16 C.F.R sec. 312.5, with the added requirement that the covered social media platform has retained documentation sufficient to reasonably establish that it has obtained verifiable parental consent within the meaning of those provisions.Section 1(16) and shall be deleted immediately after an attempt to obtain verifiable parental consentVerifiable parental consent"Verifiable parental consent" has the same meaning as in 15 U.S.C sec. 6501(9) and implementing regulations at 16 C.F.R sec. 312.5, with the added requirement that the covered social media platform has retained documentation sufficient to reasonably establish that it has obtained verifiable parental consent within the meaning of those provisions.Section 1(16), except to the extent necessary to comply with any other applicable state or federal law or regulation.
(3) 4 An account for a childChild"Child" means an individual under the age of sixteen (16).Section 1(3) shall have all privacy settings set by default at the most private level. A covered social media platformCovered social media platform"Covered social media platform" means a social media platform that collectively generated at least one billion dollars ($1,000,000,000) in advertising revenues annually, worldwide, in one (1) or more of the preceding three (3) years.Section 1(4) shall not change the privacy settings of an account of a childChild"Child" means an individual under the age of sixteen (16).Section 1(3) without first obtaining verifiable parental consentVerifiable parental consent"Verifiable parental consent" has the same meaning as in 15 U.S.C sec. 6501(9) and implementing regulations at 16 C.F.R sec. 312.5, with the added requirement that the covered social media platform has retained documentation sufficient to reasonably establish that it has obtained verifiable parental consent within the meaning of those provisions.Section 1(16) for the change until the account holderAccount holder"Account holder" means a natural person who is a resident of the Commonwealth of Kentucky who has an account or a profile with a unique identifier on a covered social media platform during any period in which a covered social media platform knows or should reasonably know the person is physically located in Kentucky.Section 1(1) is no longer a childChild"Child" means an individual under the age of sixteen (16).Section 1(3).
(4)(a)–(c) 5 In the course of obtaining verifiable parental consentVerifiable parental consent"Verifiable parental consent" has the same meaning as in 15 U.S.C sec. 6501(9) and implementing regulations at 16 C.F.R sec. 312.5, with the added requirement that the covered social media platform has retained documentation sufficient to reasonably establish that it has obtained verifiable parental consent within the meaning of those provisions.Section 1(16) for the establishment or continuation of an account for a childChild"Child" means an individual under the age of sixteen (16).Section 1(3), a covered social media platformCovered social media platform"Covered social media platform" means a social media platform that collectively generated at least one billion dollars ($1,000,000,000) in advertising revenues annually, worldwide, in one (1) or more of the preceding three (3) years.Section 1(4) shall prominently provide and explain an option for a parentParent"Parent" includes any legal guardian of a child resident of the Commonwealth of Kentucky.Section 1(10) to make his or her consent conditional on receipt by the parent of a separate password that enables the parentParent"Parent" includes any legal guardian of a child resident of the Commonwealth of Kentucky.Section 1(10) to: (a) Monitor the amount of time the childChild"Child" means an individual under the age of sixteen (16).Section 1(3) spends using the covered social media platformCovered social media platform"Covered social media platform" means a social media platform that collectively generated at least one billion dollars ($1,000,000,000) in advertising revenues annually, worldwide, in one (1) or more of the preceding three (3) years.Section 1(4); (b) Set daily and weekly time limits on use of the covered social media platformCovered social media platform"Covered social media platform" means a social media platform that collectively generated at least one billion dollars ($1,000,000,000) in advertising revenues annually, worldwide, in one (1) or more of the preceding three (3) years.Section 1(4); and (c) Set limits on the time of day when the covered social media platformCovered social media platform"Covered social media platform" means a social media platform that collectively generated at least one billion dollars ($1,000,000,000) in advertising revenues annually, worldwide, in one (1) or more of the preceding three (3) years.Section 1(4) can be accessed by the childChild"Child" means an individual under the age of sixteen (16).Section 1(3).
(5) 6 A covered social media platformCovered social media platform"Covered social media platform" means a social media platform that collectively generated at least one billion dollars ($1,000,000,000) in advertising revenues annually, worldwide, in one (1) or more of the preceding three (3) years.Section 1(4) shall not present addictive featuresAddictive feature"Addictive feature" includes: (a) Infinite scrolling, including: 1. Continuously loading content, or content that loads as the account holder scrolls down the page without the need to open a separate page; or 2. Seamless content, or the use of pages with no visible or apparent end or page breaks; (b) Display of a profile-based feed; (c) Push notifications, whether audible, visual, or tactile: 1. Designed to: a. Call the attention of the account holder to newly posted content or to user responses to content posted by the account holder; or b. Inform the account holder about other specific activities or events related to the account holder's account; and 2. Not including notifications for the purposes of alerting the account holder to incoming calls, text messages, email messages, or similar messages sent by human contacts and delivered by means of any application; (d) Autoplay video or video that begins to play without the account holder first clicking on the video or on a play button for that video; (e) Display of personal metrics that indicate the number of times other users have clicked a button or taken other action to indicate their reaction to content posted by the account holder or have shared or reposted content posted by the account holder; and (f) Display of awards, badges, tiers, or any form of recognition of the account holder based on hours spent by the account holder on the social media platform, numbers of followers, numbers of postings, frequency or regularity of postings, or any other metric of usage or performance on the social media platform.Section 1(2) in the display or feed of any childChild"Child" means an individual under the age of sixteen (16).Section 1(3).
(6) 7 A covered social media platformCovered social media platform"Covered social media platform" means a social media platform that collectively generated at least one billion dollars ($1,000,000,000) in advertising revenues annually, worldwide, in one (1) or more of the preceding three (3) years.Section 1(4) shall not present profile-based paid commercial advertisingProfile-based paid commercial advertising"Profile-based paid commercial advertising": (a) Means paid commercial advertising that has been selected or prioritized for display to an account holder based on personal information of the account holder by or with the participation of the social media platform; and (b) Does not include profile-based paid commercial advertising if that selection process considers information about or an estimate of the age of the account holder solely for the purpose of excluding advertisements which by law or policy are not suitable for presentation to a child.Section 1(12) in the display or feed of any childChild"Child" means an individual under the age of sixteen (16).Section 1(3).
Section 3 imposes the bill's core child-protective obligations on covered social media platforms. Platforms must require a birth date at sign-up (with no default value), obtain verifiable parental consent before creating or maintaining a child's account, set all privacy settings to the maximum level by default for child accounts, and offer parents a password-gated suite of monitoring and time-limit tools. The section also categorically prohibits displaying addictive features or profile-based paid commercial advertising to any child. Data collected solely for parental consent verification must be deleted immediately after the attempt, except as required by other law.
(1) 8 A covered social media platformCovered social media platform"Covered social media platform" means a social media platform that collectively generated at least one billion dollars ($1,000,000,000) in advertising revenues annually, worldwide, in one (1) or more of the preceding three (3) years.Section 1(4) shall terminate an account if it concludes, or obtains information from which it should reasonably conclude pursuant to its obligations under Section 2 of this Act, that the account holderAccount holder"Account holder" means a natural person who is a resident of the Commonwealth of Kentucky who has an account or a profile with a unique identifier on a covered social media platform during any period in which a covered social media platform knows or should reasonably know the person is physically located in Kentucky.Section 1(1) is a childChild"Child" means an individual under the age of sixteen (16).Section 1(3), unless verifiable parental consentVerifiable parental consent"Verifiable parental consent" has the same meaning as in 15 U.S.C sec. 6501(9) and implementing regulations at 16 C.F.R sec. 312.5, with the added requirement that the covered social media platform has retained documentation sufficient to reasonably establish that it has obtained verifiable parental consent within the meaning of those provisions.Section 1(16) has been obtained for the account.
(2) 9 A covered social media platformCovered social media platform"Covered social media platform" means a social media platform that collectively generated at least one billion dollars ($1,000,000,000) in advertising revenues annually, worldwide, in one (1) or more of the preceding three (3) years.Section 1(4) shall terminate an account of a childChild"Child" means an individual under the age of sixteen (16).Section 1(3) within seven (7) days after a request for termination from the account holderAccount holder"Account holder" means a natural person who is a resident of the Commonwealth of Kentucky who has an account or a profile with a unique identifier on a covered social media platform during any period in which a covered social media platform knows or should reasonably know the person is physically located in Kentucky.Section 1(1).
(3) 9 A covered social media platformCovered social media platform"Covered social media platform" means a social media platform that collectively generated at least one billion dollars ($1,000,000,000) in advertising revenues annually, worldwide, in one (1) or more of the preceding three (3) years.Section 1(4) shall terminate the account of a childChild"Child" means an individual under the age of sixteen (16).Section 1(3) within fourteen (14) days after receipt of a request for termination from a parent of the minorMinor"Minor" means an individual under the age of eighteen (18).Section 1(7). Upon receipt of a request for termination, the covered social media platformCovered social media platform"Covered social media platform" means a social media platform that collectively generated at least one billion dollars ($1,000,000,000) in advertising revenues annually, worldwide, in one (1) or more of the preceding three (3) years.Section 1(4) shall verify that the requesting party is a parent of the account holderAccount holder"Account holder" means a natural person who is a resident of the Commonwealth of Kentucky who has an account or a profile with a unique identifier on a covered social media platform during any period in which a covered social media platform knows or should reasonably know the person is physically located in Kentucky.Section 1(1) by the verification means used by the covered social media platformCovered social media platform"Covered social media platform" means a social media platform that collectively generated at least one billion dollars ($1,000,000,000) in advertising revenues annually, worldwide, in one (1) or more of the preceding three (3) years.Section 1(4) for ascertaining the validity of the verifiable parental consentVerifiable parental consent"Verifiable parental consent" has the same meaning as in 15 U.S.C sec. 6501(9) and implementing regulations at 16 C.F.R sec. 312.5, with the added requirement that the covered social media platform has retained documentation sufficient to reasonably establish that it has obtained verifiable parental consent within the meaning of those provisions.Section 1(16).
(4) 9 A covered social media platformCovered social media platform"Covered social media platform" means a social media platform that collectively generated at least one billion dollars ($1,000,000,000) in advertising revenues annually, worldwide, in one (1) or more of the preceding three (3) years.Section 1(4) shall provide clear, simple, and efficient means for the parent of any childChild"Child" means an individual under the age of sixteen (16).Section 1(3) to request termination of any account of a childChild"Child" means an individual under the age of sixteen (16).Section 1(3).
(5) 8 If a covered social media platformCovered social media platform"Covered social media platform" means a social media platform that collectively generated at least one billion dollars ($1,000,000,000) in advertising revenues annually, worldwide, in one (1) or more of the preceding three (3) years.Section 1(4) makes a determination that it must terminate an account because the account holderAccount holder"Account holder" means a natural person who is a resident of the Commonwealth of Kentucky who has an account or a profile with a unique identifier on a covered social media platform during any period in which a covered social media platform knows or should reasonably know the person is physically located in Kentucky.Section 1(1) has been classified as a childChild"Child" means an individual under the age of sixteen (16).Section 1(3) and verifiable parental consentVerifiable parental consent"Verifiable parental consent" has the same meaning as in 15 U.S.C sec. 6501(9) and implementing regulations at 16 C.F.R sec. 312.5, with the added requirement that the covered social media platform has retained documentation sufficient to reasonably establish that it has obtained verifiable parental consent within the meaning of those provisions.Section 1(16) has not been obtained, the covered social media platformCovered social media platform"Covered social media platform" means a social media platform that collectively generated at least one billion dollars ($1,000,000,000) in advertising revenues annually, worldwide, in one (1) or more of the preceding three (3) years.Section 1(4) shall notify the account holder of its intent to terminate the account within seven (7) days of making the determination and shall provide the reason for the termination. The account holderAccount holder"Account holder" means a natural person who is a resident of the Commonwealth of Kentucky who has an account or a profile with a unique identifier on a covered social media platform during any period in which a covered social media platform knows or should reasonably know the person is physically located in Kentucky.Section 1(1) shall have thirty (30) days from the date of the notice to dispute the age classification and complete an age verification process, or to provide verifiable parental consentVerifiable parental consent"Verifiable parental consent" has the same meaning as in 15 U.S.C sec. 6501(9) and implementing regulations at 16 C.F.R sec. 312.5, with the added requirement that the covered social media platform has retained documentation sufficient to reasonably establish that it has obtained verifiable parental consent within the meaning of those provisions.Section 1(16) to the covered social media platformCovered social media platform"Covered social media platform" means a social media platform that collectively generated at least one billion dollars ($1,000,000,000) in advertising revenues annually, worldwide, in one (1) or more of the preceding three (3) years.Section 1(4).
(6) 8 If an account holderAccount holder"Account holder" means a natural person who is a resident of the Commonwealth of Kentucky who has an account or a profile with a unique identifier on a covered social media platform during any period in which a covered social media platform knows or should reasonably know the person is physically located in Kentucky.Section 1(1) disputes his or her classification as a childChild"Child" means an individual under the age of sixteen (16).Section 1(3), a covered social media platformCovered social media platform"Covered social media platform" means a social media platform that collectively generated at least one billion dollars ($1,000,000,000) in advertising revenues annually, worldwide, in one (1) or more of the preceding three (3) years.Section 1(4) may rely on any commercially reasonable age verification process to resolve the dispute. A covered social media platformCovered social media platform"Covered social media platform" means a social media platform that collectively generated at least one billion dollars ($1,000,000,000) in advertising revenues annually, worldwide, in one (1) or more of the preceding three (3) years.Section 1(4) shall make a reasonable determination within thirty (30) days of the completion of the age verification process. If a covered social media platformCovered social media platform"Covered social media platform" means a social media platform that collectively generated at least one billion dollars ($1,000,000,000) in advertising revenues annually, worldwide, in one (1) or more of the preceding three (3) years.Section 1(4) concludes it is obligated to terminate an account, it shall terminate that account within seven (7) days of that determination.
Section 4 establishes mandatory account termination rules for child accounts. Platforms must terminate accounts of users classified as children unless verifiable parental consent has been obtained. Children and parents each have independent termination rights with defined response windows — 7 days for child requests and 14 days for parental requests (with parent identity verification). Before terminating an account due to child classification without parental consent, platforms must give the account holder 7 days' notice and a 30-day window to dispute the classification or provide parental consent. Disputes may be resolved through any commercially reasonable age verification process, with platforms required to decide within 30 days of verification completion.
(1)–(2) Sections 1 to 7 of this Act shall not be construed to limit in any way beyond any limits imposed by other law the: (1) Content parentsParent"Parent" includes any legal guardian of a child resident of the Commonwealth of Kentucky.Section 1(10) may show their children; or (2) Results an online search engine may return in response to a query by a childChild"Child" means an individual under the age of sixteen (16).Section 1(3).
Section 5 is a savings clause clarifying that the Act does not limit parental authority over what content they may show their children, nor does it restrict search engine results returned in response to a child's query. This provision is purely protective and creates no new compliance duty.
A covered social media platformCovered social media platform"Covered social media platform" means a social media platform that collectively generated at least one billion dollars ($1,000,000,000) in advertising revenues annually, worldwide, in one (1) or more of the preceding three (3) years.Section 1(4) shall not be liable for any violation of Sections 1 to 7 of this Act if it has used reasonable means and efforts, taking into consideration available technology and any data in possession of the covered social media platformCovered social media platform"Covered social media platform" means a social media platform that collectively generated at least one billion dollars ($1,000,000,000) in advertising revenues annually, worldwide, in one (1) or more of the preceding three (3) years.Section 1(4), to comply with the requirements of Sections 1 to 7 of this Act.
Section 6 creates a safe harbor shielding covered social media platforms from liability under the Act if they have used reasonable means and efforts — taking into consideration available technology and data in their possession — to comply. This is a general reasonableness defense applicable to all obligations under Sections 1–7, reducing strict liability risk for platforms that make good-faith compliance efforts.
(1) Any waiver or limitation of any prohibition, limitation, requirement, or right to remedies established by Sections 1 to 7 of this Act is unlawful, contrary to public policy, void ab initio, and of no effect, and a court or arbitrator shall not enforce or give effect to any waiver, notwithstanding any choice of law provision in a contract.
(2) If any provision of Sections 1 to 7 of this Act or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of Sections 1 to 7 of this Act that can be given effect without the invalid provision or application, and to this end the provisions of Sections 1 to 7 of this Act are severable.
Section 7 voids any contractual waiver of the Act's protections, requirements, or remedies — including through choice-of-law provisions — and declares such waivers contrary to public policy and unenforceable by courts or arbitrators. It also includes a standard severability clause.
(1) The Attorney General shall have exclusive authority to enforce violations of KRS 367.3611 to 367.3629 and Sections 1 to 7 of this Act. The Attorney General may enforce KRS 367.3611 to 367.3629 and Sections 1 to 7 of this Act by bringing an action in the name of the Commonwealth of Kentucky or on behalf of persons residing in this Commonwealth. The Attorney General shall have all powers and duties granted to the Attorney General under KRS Chapter 15 to investigate and prosecute any violation of KRS 367.3611 to 367.3629 and Sections 1 to 7 of this Act. The Attorney General may demand any information, documentary material, or physical evidence from any controller or processor, or covered social media platformCovered social media platform"Covered social media platform" means a social media platform that collectively generated at least one billion dollars ($1,000,000,000) in advertising revenues annually, worldwide, in one (1) or more of the preceding three (3) years.Section 1(4) as defined in Section 1 of this Act, believed to be engaged in, or about to engage in, any violation of KRS 367.3611 to 367.3629 or Sections 1 to 7 of this Act.
(2) Prior to initiating any action for violation of KRS 367.3611 to 367.3629 or Sections 1 to 7 of this Act, the Attorney General shall provide a controller or processor or covered social media platformCovered social media platform"Covered social media platform" means a social media platform that collectively generated at least one billion dollars ($1,000,000,000) in advertising revenues annually, worldwide, in one (1) or more of the preceding three (3) years.Section 1(4) as defined in Section 1 of this Act thirty (30) days' written notice identifying the specific provisions of KRS 367.3611 to 367.3629 or Sections 1 to 7 of this Act the Attorney General alleges have been or are being violated. If within the thirty (30) days the controller or processor or covered social media platformCovered social media platform"Covered social media platform" means a social media platform that collectively generated at least one billion dollars ($1,000,000,000) in advertising revenues annually, worldwide, in one (1) or more of the preceding three (3) years.Section 1(4) as defined in Section 1 of this Act cures the noticed violation and provides the Attorney General an express written statement that the alleged violations have been cured and that no further violations shall occur, no action for damages under subsection (3) of this section shall be initiated against the controller or processor, or covered social media platformCovered social media platform"Covered social media platform" means a social media platform that collectively generated at least one billion dollars ($1,000,000,000) in advertising revenues annually, worldwide, in one (1) or more of the preceding three (3) years.Section 1(4) as defined in Section 1 of this Act.
(3) If a controller or processor, or covered social media platformCovered social media platform"Covered social media platform" means a social media platform that collectively generated at least one billion dollars ($1,000,000,000) in advertising revenues annually, worldwide, in one (1) or more of the preceding three (3) years.Section 1(4) as defined in Section 1 of this Act, continues to violate KRS 367.3611 to 367.3629 or Sections 1 to 7 of this Act following the cure period in subsection (2) of this section or breaches an express written statement provided to the Attorney General under subsection (2) of this section, the Attorney General may initiate an action and seek damages for up to seven thousand five hundred dollars ($7,500) for each continued violation under KRS 367.3611 to 367.3629 or Sections 1 to 7 of this Act.
(4) Nothing in KRS 367.3611 to 367.3629 and Sections 1 to 7 of this Act or any other law, regulation, or the equivalent shall be construed as providing the basis for, or give rise to, a private right of action for violations of KRS 367.3611 to 367.3629 and Sections 1 to 7 of this Act.
(5) The Attorney General may recover reasonable expenses incurred in investigating and preparing the case, court costs, attorney's fees, and any other relief ordered by the court of any action initiated under KRS 367.3611 to 367.3629 and Sections 1 to 7 of this Act.
Section 8 amends KRS 367.3627 to extend the existing Kentucky Consumer Data Protection Act enforcement framework to covered social media platforms under Sections 1–7. The Attorney General has exclusive enforcement authority, including investigative powers under KRS Chapter 15 and the ability to demand documentary evidence. A mandatory 30-day cure period applies before any damages action, during which the platform may cure the violation and certify in writing that it will not recur. If the platform fails to cure or breaches its written statement, the AG may seek up to $7,500 per continued violation. The statute explicitly bars any private right of action. The AG may recover investigation expenses, court costs, and attorney's fees.