(a) 1 MinorsMinor"Minor" means a person who is under 16 years of age.§ 114B-1(b)(4) Under 14 Years of Age. – A social media platformSocial media platform"Social media platform" or "platform" means an online forum, website, or application that satisfies each of the following criteria: a. Allows users to upload content or view the content or activity of other users; b. Ten percent (10%) or more of the daily active users who are younger than 16 years of age spend on average two hours per day or longer on the online forum, website, or application on the days when using the online forum, website, or application during the previous 12 months or, if the online forum, website, or application did not exist during the previous 12 months, during the previous month; c. Employs algorithms that analyze user data or information on users to select content for users; and d. Has any of the following addictive features: 1. Infinite scrolling, which means either (i) continuously loading content or content that loads as the user scrolls down the page without the need to open a separate page or (ii) seamless content or the use of pages with no visible or apparent end or page breaks. 2. Push notifications or alerts sent by the online forum, website, or application to inform a user about specific activities or events related to the user's account. 3. Displays personal interactive metrics that indicate the number of times other users have clicked a button to indicate their reaction to content or have shared or reposted the content. 4. Auto-play video or video that begins to play without the user first clicking on the video or on a play button for that video. Live-streaming or a function that allows a user or advertiser to broadcast live video content in real time. The term does not include an online service, website, or application where the exclusive function is email or direct messaging consisting of text, photographs, pictures, images, or videos shared only between the sender and the recipients, without displaying or posting publicly or to other users not specifically identified as the recipients by the sender.§ 114B-1(b)(6) shall prohibit a minorMinor"Minor" means a person who is under 16 years of age.§ 114B-1(b)(4) who is younger than 14 years of age from entering into a contract with the platform to become an account holderAccount holder"Account holder" means a resident who opens an account or creates a profile or is identified by the social media platform by a unique identifier while using or accessing a social media platform when the social media platform knows or has reason to believe the resident is located in this State.§ 114B-1(b)(1) and shall do all of the following: (1) Terminate any account held by a minorMinor"Minor" means a person who is under 16 years of age.§ 114B-1(b)(4) under 14 years of age upon 30 days' notice to the account holderAccount holder"Account holder" means a resident who opens an account or creates a profile or is identified by the social media platform by a unique identifier while using or accessing a social media platform when the social media platform knows or has reason to believe the resident is located in this State.§ 114B-1(b)(1). Termination must be effective upon the expiration of the 30 days if the account holderAccount holder"Account holder" means a resident who opens an account or creates a profile or is identified by the social media platform by a unique identifier while using or accessing a social media platform when the social media platform knows or has reason to believe the resident is located in this State.§ 114B-1(b)(1) fails to effectively dispute the termination. (2) Permanently delete all personal information held by the social media platformSocial media platform"Social media platform" or "platform" means an online forum, website, or application that satisfies each of the following criteria: a. Allows users to upload content or view the content or activity of other users; b. Ten percent (10%) or more of the daily active users who are younger than 16 years of age spend on average two hours per day or longer on the online forum, website, or application on the days when using the online forum, website, or application during the previous 12 months or, if the online forum, website, or application did not exist during the previous 12 months, during the previous month; c. Employs algorithms that analyze user data or information on users to select content for users; and d. Has any of the following addictive features: 1. Infinite scrolling, which means either (i) continuously loading content or content that loads as the user scrolls down the page without the need to open a separate page or (ii) seamless content or the use of pages with no visible or apparent end or page breaks. 2. Push notifications or alerts sent by the online forum, website, or application to inform a user about specific activities or events related to the user's account. 3. Displays personal interactive metrics that indicate the number of times other users have clicked a button to indicate their reaction to content or have shared or reposted the content. 4. Auto-play video or video that begins to play without the user first clicking on the video or on a play button for that video. Live-streaming or a function that allows a user or advertiser to broadcast live video content in real time. The term does not include an online service, website, or application where the exclusive function is email or direct messaging consisting of text, photographs, pictures, images, or videos shared only between the sender and the recipients, without displaying or posting publicly or to other users not specifically identified as the recipients by the sender.§ 114B-1(b)(6) relating to the terminated account, unless there are legal requirements to maintain the information.

(b) 2 MinorsMinor"Minor" means a person who is under 16 years of age.§ 114B-1(b)(4) 14 or 15 Years of Age. – A social media platformSocial media platform"Social media platform" or "platform" means an online forum, website, or application that satisfies each of the following criteria: a. Allows users to upload content or view the content or activity of other users; b. Ten percent (10%) or more of the daily active users who are younger than 16 years of age spend on average two hours per day or longer on the online forum, website, or application on the days when using the online forum, website, or application during the previous 12 months or, if the online forum, website, or application did not exist during the previous 12 months, during the previous month; c. Employs algorithms that analyze user data or information on users to select content for users; and d. Has any of the following addictive features: 1. Infinite scrolling, which means either (i) continuously loading content or content that loads as the user scrolls down the page without the need to open a separate page or (ii) seamless content or the use of pages with no visible or apparent end or page breaks. 2. Push notifications or alerts sent by the online forum, website, or application to inform a user about specific activities or events related to the user's account. 3. Displays personal interactive metrics that indicate the number of times other users have clicked a button to indicate their reaction to content or have shared or reposted the content. 4. Auto-play video or video that begins to play without the user first clicking on the video or on a play button for that video. Live-streaming or a function that allows a user or advertiser to broadcast live video content in real time. The term does not include an online service, website, or application where the exclusive function is email or direct messaging consisting of text, photographs, pictures, images, or videos shared only between the sender and the recipients, without displaying or posting publicly or to other users not specifically identified as the recipients by the sender.§ 114B-1(b)(6) shall prohibit a minorMinor"Minor" means a person who is under 16 years of age.§ 114B-1(b)(4) who is 14 or 15 years of age from entering into a contract with the platform to become an account holderAccount holder"Account holder" means a resident who opens an account or creates a profile or is identified by the social media platform by a unique identifier while using or accessing a social media platform when the social media platform knows or has reason to believe the resident is located in this State.§ 114B-1(b)(1) unless the minorMinor"Minor" means a person who is under 16 years of age.§ 114B-1(b)(4)'s parent or guardian provides consent for the minorMinor"Minor" means a person who is under 16 years of age.§ 114B-1(b)(4) to become an account holderAccount holder"Account holder" means a resident who opens an account or creates a profile or is identified by the social media platform by a unique identifier while using or accessing a social media platform when the social media platform knows or has reason to believe the resident is located in this State.§ 114B-1(b)(1) and shall do all of the following: (1) Terminate any account held by an account holderAccount holder"Account holder" means a resident who opens an account or creates a profile or is identified by the social media platform by a unique identifier while using or accessing a social media platform when the social media platform knows or has reason to believe the resident is located in this State.§ 114B-1(b)(1) who is 14 or 15 years of age if the account holderAccount holder"Account holder" means a resident who opens an account or creates a profile or is identified by the social media platform by a unique identifier while using or accessing a social media platform when the social media platform knows or has reason to believe the resident is located in this State.§ 114B-1(b)(1)'s parent or guardian has not provided consent for the minorMinor"Minor" means a person who is under 16 years of age.§ 114B-1(b)(4) to create or maintain the account. The social media platformSocial media platform"Social media platform" or "platform" means an online forum, website, or application that satisfies each of the following criteria: a. Allows users to upload content or view the content or activity of other users; b. Ten percent (10%) or more of the daily active users who are younger than 16 years of age spend on average two hours per day or longer on the online forum, website, or application on the days when using the online forum, website, or application during the previous 12 months or, if the online forum, website, or application did not exist during the previous 12 months, during the previous month; c. Employs algorithms that analyze user data or information on users to select content for users; and d. Has any of the following addictive features: 1. Infinite scrolling, which means either (i) continuously loading content or content that loads as the user scrolls down the page without the need to open a separate page or (ii) seamless content or the use of pages with no visible or apparent end or page breaks. 2. Push notifications or alerts sent by the online forum, website, or application to inform a user about specific activities or events related to the user's account. 3. Displays personal interactive metrics that indicate the number of times other users have clicked a button to indicate their reaction to content or have shared or reposted the content. 4. Auto-play video or video that begins to play without the user first clicking on the video or on a play button for that video. Live-streaming or a function that allows a user or advertiser to broadcast live video content in real time. The term does not include an online service, website, or application where the exclusive function is email or direct messaging consisting of text, photographs, pictures, images, or videos shared only between the sender and the recipients, without displaying or posting publicly or to other users not specifically identified as the recipients by the sender.§ 114B-1(b)(6) shall provide 30 days for an account holderAccount holder"Account holder" means a resident who opens an account or creates a profile or is identified by the social media platform by a unique identifier while using or accessing a social media platform when the social media platform knows or has reason to believe the resident is located in this State.§ 114B-1(b)(1) to dispute the termination. (2) Allow the parent or guardian of an account holderAccount holder"Account holder" means a resident who opens an account or creates a profile or is identified by the social media platform by a unique identifier while using or accessing a social media platform when the social media platform knows or has reason to believe the resident is located in this State.§ 114B-1(b)(1) who is 14 or 15 years of age to request that the minorMinor"Minor" means a person who is under 16 years of age.§ 114B-1(b)(4)'s account be terminated. Termination must be effective within 10 business days after the request. (3) Permanently delete all personal information held by the social media platformSocial media platform"Social media platform" or "platform" means an online forum, website, or application that satisfies each of the following criteria: a. Allows users to upload content or view the content or activity of other users; b. Ten percent (10%) or more of the daily active users who are younger than 16 years of age spend on average two hours per day or longer on the online forum, website, or application on the days when using the online forum, website, or application during the previous 12 months or, if the online forum, website, or application did not exist during the previous 12 months, during the previous month; c. Employs algorithms that analyze user data or information on users to select content for users; and d. Has any of the following addictive features: 1. Infinite scrolling, which means either (i) continuously loading content or content that loads as the user scrolls down the page without the need to open a separate page or (ii) seamless content or the use of pages with no visible or apparent end or page breaks. 2. Push notifications or alerts sent by the online forum, website, or application to inform a user about specific activities or events related to the user's account. 3. Displays personal interactive metrics that indicate the number of times other users have clicked a button to indicate their reaction to content or have shared or reposted the content. 4. Auto-play video or video that begins to play without the user first clicking on the video or on a play button for that video. Live-streaming or a function that allows a user or advertiser to broadcast live video content in real time. The term does not include an online service, website, or application where the exclusive function is email or direct messaging consisting of text, photographs, pictures, images, or videos shared only between the sender and the recipients, without displaying or posting publicly or to other users not specifically identified as the recipients by the sender.§ 114B-1(b)(6) relating to the terminated account unless there are legal requirements to maintain the information.

(c) Violations. – If the DepartmentDepartment"Department" means the North Carolina Department of Justice.§ 114B-1(b)(3) has reason to believe that a social media platformSocial media platform"Social media platform" or "platform" means an online forum, website, or application that satisfies each of the following criteria: a. Allows users to upload content or view the content or activity of other users; b. Ten percent (10%) or more of the daily active users who are younger than 16 years of age spend on average two hours per day or longer on the online forum, website, or application on the days when using the online forum, website, or application during the previous 12 months or, if the online forum, website, or application did not exist during the previous 12 months, during the previous month; c. Employs algorithms that analyze user data or information on users to select content for users; and d. Has any of the following addictive features: 1. Infinite scrolling, which means either (i) continuously loading content or content that loads as the user scrolls down the page without the need to open a separate page or (ii) seamless content or the use of pages with no visible or apparent end or page breaks. 2. Push notifications or alerts sent by the online forum, website, or application to inform a user about specific activities or events related to the user's account. 3. Displays personal interactive metrics that indicate the number of times other users have clicked a button to indicate their reaction to content or have shared or reposted the content. 4. Auto-play video or video that begins to play without the user first clicking on the video or on a play button for that video. Live-streaming or a function that allows a user or advertiser to broadcast live video content in real time. The term does not include an online service, website, or application where the exclusive function is email or direct messaging consisting of text, photographs, pictures, images, or videos shared only between the sender and the recipients, without displaying or posting publicly or to other users not specifically identified as the recipients by the sender.§ 114B-1(b)(6) is in violation of subsection (a) of this section, the DepartmentDepartment"Department" means the North Carolina Department of Justice.§ 114B-1(b)(3), as the enforcing entity, may bring an action against the platform for an unfair or deceptive act or practice. Any knowing or reckless violation of subsection (a) of this section is deemed an unfair and deceptive trade practice actionable under Chapter 75 of the General Statutes actionable solely by the DepartmentDepartment"Department" means the North Carolina Department of Justice.§ 114B-1(b)(3) against a social media platformSocial media platform"Social media platform" or "platform" means an online forum, website, or application that satisfies each of the following criteria: a. Allows users to upload content or view the content or activity of other users; b. Ten percent (10%) or more of the daily active users who are younger than 16 years of age spend on average two hours per day or longer on the online forum, website, or application on the days when using the online forum, website, or application during the previous 12 months or, if the online forum, website, or application did not exist during the previous 12 months, during the previous month; c. Employs algorithms that analyze user data or information on users to select content for users; and d. Has any of the following addictive features: 1. Infinite scrolling, which means either (i) continuously loading content or content that loads as the user scrolls down the page without the need to open a separate page or (ii) seamless content or the use of pages with no visible or apparent end or page breaks. 2. Push notifications or alerts sent by the online forum, website, or application to inform a user about specific activities or events related to the user's account. 3. Displays personal interactive metrics that indicate the number of times other users have clicked a button to indicate their reaction to content or have shared or reposted the content. 4. Auto-play video or video that begins to play without the user first clicking on the video or on a play button for that video. Live-streaming or a function that allows a user or advertiser to broadcast live video content in real time. The term does not include an online service, website, or application where the exclusive function is email or direct messaging consisting of text, photographs, pictures, images, or videos shared only between the sender and the recipients, without displaying or posting publicly or to other users not specifically identified as the recipients by the sender.§ 114B-1(b)(6). In addition to other remedies allowed by law, the DepartmentDepartment"Department" means the North Carolina Department of Justice.§ 114B-1(b)(3) may collect a civil penalty of up to fifty thousand dollars ($50,000) per violation and reasonable attorneys' fees and court costs. When the social media platformSocial media platform"Social media platform" or "platform" means an online forum, website, or application that satisfies each of the following criteria: a. Allows users to upload content or view the content or activity of other users; b. Ten percent (10%) or more of the daily active users who are younger than 16 years of age spend on average two hours per day or longer on the online forum, website, or application on the days when using the online forum, website, or application during the previous 12 months or, if the online forum, website, or application did not exist during the previous 12 months, during the previous month; c. Employs algorithms that analyze user data or information on users to select content for users; and d. Has any of the following addictive features: 1. Infinite scrolling, which means either (i) continuously loading content or content that loads as the user scrolls down the page without the need to open a separate page or (ii) seamless content or the use of pages with no visible or apparent end or page breaks. 2. Push notifications or alerts sent by the online forum, website, or application to inform a user about specific activities or events related to the user's account. 3. Displays personal interactive metrics that indicate the number of times other users have clicked a button to indicate their reaction to content or have shared or reposted the content. 4. Auto-play video or video that begins to play without the user first clicking on the video or on a play button for that video. Live-streaming or a function that allows a user or advertiser to broadcast live video content in real time. The term does not include an online service, website, or application where the exclusive function is email or direct messaging consisting of text, photographs, pictures, images, or videos shared only between the sender and the recipients, without displaying or posting publicly or to other users not specifically identified as the recipients by the sender.§ 114B-1(b)(6)'s failure to comply with subsection (a) of this section is a consistent pattern of knowing or reckless conduct, punitive damages may be assessed against the platform. A social media platformSocial media platform"Social media platform" or "platform" means an online forum, website, or application that satisfies each of the following criteria: a. Allows users to upload content or view the content or activity of other users; b. Ten percent (10%) or more of the daily active users who are younger than 16 years of age spend on average two hours per day or longer on the online forum, website, or application on the days when using the online forum, website, or application during the previous 12 months or, if the online forum, website, or application did not exist during the previous 12 months, during the previous month; c. Employs algorithms that analyze user data or information on users to select content for users; and d. Has any of the following addictive features: 1. Infinite scrolling, which means either (i) continuously loading content or content that loads as the user scrolls down the page without the need to open a separate page or (ii) seamless content or the use of pages with no visible or apparent end or page breaks. 2. Push notifications or alerts sent by the online forum, website, or application to inform a user about specific activities or events related to the user's account. 3. Displays personal interactive metrics that indicate the number of times other users have clicked a button to indicate their reaction to content or have shared or reposted the content. 4. Auto-play video or video that begins to play without the user first clicking on the video or on a play button for that video. Live-streaming or a function that allows a user or advertiser to broadcast live video content in real time. The term does not include an online service, website, or application where the exclusive function is email or direct messaging consisting of text, photographs, pictures, images, or videos shared only between the sender and the recipients, without displaying or posting publicly or to other users not specifically identified as the recipients by the sender.§ 114B-1(b)(6) that knowingly or recklessly violates subsection (a) of this section is liable to the minorMinor"Minor" means a person who is under 16 years of age.§ 114B-1(b)(4) account holderAccount holder"Account holder" means a resident who opens an account or creates a profile or is identified by the social media platform by a unique identifier while using or accessing a social media platform when the social media platform knows or has reason to believe the resident is located in this State.§ 114B-1(b)(1), including court costs and reasonable attorneys' fees. Claimants may be awarded up to ten thousand dollars ($10,000) in damages. Any action brought under this paragraph may only be brought on behalf of a minorMinor"Minor" means a person who is under 16 years of age.§ 114B-1(b)(4) account holderAccount holder"Account holder" means a resident who opens an account or creates a profile or is identified by the social media platform by a unique identifier while using or accessing a social media platform when the social media platform knows or has reason to believe the resident is located in this State.§ 114B-1(b)(1). A civil action for a claim under this paragraph must be brought within one year from the date the complainant knew, or reasonably should have known, of the alleged violation. If a social media platformSocial media platform"Social media platform" or "platform" means an online forum, website, or application that satisfies each of the following criteria: a. Allows users to upload content or view the content or activity of other users; b. Ten percent (10%) or more of the daily active users who are younger than 16 years of age spend on average two hours per day or longer on the online forum, website, or application on the days when using the online forum, website, or application during the previous 12 months or, if the online forum, website, or application did not exist during the previous 12 months, during the previous month; c. Employs algorithms that analyze user data or information on users to select content for users; and d. Has any of the following addictive features: 1. Infinite scrolling, which means either (i) continuously loading content or content that loads as the user scrolls down the page without the need to open a separate page or (ii) seamless content or the use of pages with no visible or apparent end or page breaks. 2. Push notifications or alerts sent by the online forum, website, or application to inform a user about specific activities or events related to the user's account. 3. Displays personal interactive metrics that indicate the number of times other users have clicked a button to indicate their reaction to content or have shared or reposted the content. 4. Auto-play video or video that begins to play without the user first clicking on the video or on a play button for that video. Live-streaming or a function that allows a user or advertiser to broadcast live video content in real time. The term does not include an online service, website, or application where the exclusive function is email or direct messaging consisting of text, photographs, pictures, images, or videos shared only between the sender and the recipients, without displaying or posting publicly or to other users not specifically identified as the recipients by the sender.§ 114B-1(b)(6) allows an account holderAccount holder"Account holder" means a resident who opens an account or creates a profile or is identified by the social media platform by a unique identifier while using or accessing a social media platform when the social media platform knows or has reason to believe the resident is located in this State.§ 114B-1(b)(1) to use the social media platformSocial media platform"Social media platform" or "platform" means an online forum, website, or application that satisfies each of the following criteria: a. Allows users to upload content or view the content or activity of other users; b. Ten percent (10%) or more of the daily active users who are younger than 16 years of age spend on average two hours per day or longer on the online forum, website, or application on the days when using the online forum, website, or application during the previous 12 months or, if the online forum, website, or application did not exist during the previous 12 months, during the previous month; c. Employs algorithms that analyze user data or information on users to select content for users; and d. Has any of the following addictive features: 1. Infinite scrolling, which means either (i) continuously loading content or content that loads as the user scrolls down the page without the need to open a separate page or (ii) seamless content or the use of pages with no visible or apparent end or page breaks. 2. Push notifications or alerts sent by the online forum, website, or application to inform a user about specific activities or events related to the user's account. 3. Displays personal interactive metrics that indicate the number of times other users have clicked a button to indicate their reaction to content or have shared or reposted the content. 4. Auto-play video or video that begins to play without the user first clicking on the video or on a play button for that video. Live-streaming or a function that allows a user or advertiser to broadcast live video content in real time. The term does not include an online service, website, or application where the exclusive function is email or direct messaging consisting of text, photographs, pictures, images, or videos shared only between the sender and the recipients, without displaying or posting publicly or to other users not specifically identified as the recipients by the sender.§ 114B-1(b)(6), the parties have entered into a contract. This section does not preclude any other available remedy at law or in equity. For purposes of bringing an action under this section, a social media platformSocial media platform"Social media platform" or "platform" means an online forum, website, or application that satisfies each of the following criteria: a. Allows users to upload content or view the content or activity of other users; b. Ten percent (10%) or more of the daily active users who are younger than 16 years of age spend on average two hours per day or longer on the online forum, website, or application on the days when using the online forum, website, or application during the previous 12 months or, if the online forum, website, or application did not exist during the previous 12 months, during the previous month; c. Employs algorithms that analyze user data or information on users to select content for users; and d. Has any of the following addictive features: 1. Infinite scrolling, which means either (i) continuously loading content or content that loads as the user scrolls down the page without the need to open a separate page or (ii) seamless content or the use of pages with no visible or apparent end or page breaks. 2. Push notifications or alerts sent by the online forum, website, or application to inform a user about specific activities or events related to the user's account. 3. Displays personal interactive metrics that indicate the number of times other users have clicked a button to indicate their reaction to content or have shared or reposted the content. 4. Auto-play video or video that begins to play without the user first clicking on the video or on a play button for that video. Live-streaming or a function that allows a user or advertiser to broadcast live video content in real time. The term does not include an online service, website, or application where the exclusive function is email or direct messaging consisting of text, photographs, pictures, images, or videos shared only between the sender and the recipients, without displaying or posting publicly or to other users not specifically identified as the recipients by the sender.§ 114B-1(b)(6) that allows a minorMinor"Minor" means a person who is under 16 years of age.§ 114B-1(b)(4) to create an account on the platform is considered to be both engaged in substantial and not isolated activities within this State and operating, conducting, engaging in, or carrying on a business and doing business in this State, and is therefore subject to the jurisdiction of the courts of this State.

(d) Enforcement. – If, by its own inquiry or as a result of complaints, the DepartmentDepartment"Department" means the North Carolina Department of Justice.§ 114B-1(b)(3) has reason to believe that an entity or person has engaged in, or is engaging in, an act or practice that violates this section, the DepartmentDepartment"Department" means the North Carolina Department of Justice.§ 114B-1(b)(3) may administer oaths and affirmations, subpoena witnesses or matter, and collect evidence. Within five days, excluding weekends and legal holidays, after the service of a subpoena or at any time before the return date specified therein, whichever is longer, the party served may file in the superior court in the county in which it resides or in which it transacts business and serve upon the enforcing authority a petition for an order modifying or setting aside the subpoena. The petitioner may raise any objection or privilege which would be available upon service of such subpoena in a civil action. The subpoena shall inform the party served of its rights under this subsection. If the matter that the DepartmentDepartment"Department" means the North Carolina Department of Justice.§ 114B-1(b)(3) seeks to obtain by subpoena is located outside the State, the entity or person subpoenaed may make it available to the DepartmentDepartment"Department" means the North Carolina Department of Justice.§ 114B-1(b)(3) or its representative to examine the matter at the place where it is located. The DepartmentDepartment"Department" means the North Carolina Department of Justice.§ 114B-1(b)(3) may designate representatives, including officials of the state in which the matter is located, to inspect the matter on its behalf, and may respond to similar requests from officials of other states. Upon failure of an entity or person without lawful excuse to obey a subpoena and upon reasonable notice to all persons affected, the DepartmentDepartment"Department" means the North Carolina Department of Justice.§ 114B-1(b)(3) may apply to the superior court for an order compelling compliance. The DepartmentDepartment"Department" means the North Carolina Department of Justice.§ 114B-1(b)(3) may request that an entity or person that refuses to comply with a subpoena on the ground that testimony or matter may incriminate the entity or person be ordered by the court to provide the testimony or matter. Except in a prosecution for perjury, an entity or individual that complies with a court order to provide testimony or matter after asserting a valid privilege against self-incrimination shall not have the testimony or matter so provided, or evidence derived therefrom, received against the entity or person in any criminal investigation or proceeding. Any entity or person upon whom a subpoena is served pursuant to this subsection shall comply with the terms thereof unless otherwise provided by order of the court. Any entity or person that fails to appear with the intent to avoid, evade, or prevent compliance in whole or in part with any investigation under this Chapter or who removes from any place, conceals, withholds, mutilates, alters, or destroys, or by any other means falsifies any documentary material in the possession, custody, or control of any entity or person subject to any such subpoena, or knowingly conceals any relevant information with the intent to avoid, evade, or prevent compliance shall be liable for a civil penalty of not more than five thousand dollars ($5,000) per week in violation, reasonable attorneys' fees, and costs.

(e) Rules. – The DepartmentDepartment"Department" means the North Carolina Department of Justice.§ 114B-1(b)(3) may adopt rules to implement this Chapter.

(f) Civil Penalties. – The clear proceeds of civil penalties provided for in this section shall be remitted to the Civil Penalty and Forfeiture Fund in accordance with G.S. 115C-457.2.

(a) The following definitions apply in this section: (1) Anonymous age verificationAnonymous age verification"Anonymous age verification" means a commercially reasonable method used by a government agency or a business for the purpose of age verification which is conducted by a nongovernmental, independent third party organized under the laws of a state of the United States which: a. Has its principal place of business in a state of the United States; and b. Is not owned or controlled by a company formed in a foreign country, a government of a foreign country, or any other entity formed in a foreign country.§ 114B-3(a)(1). – A commercially reasonable method used by a government agency or a business for the purpose of age verification which is conducted by a nongovernmental, independent third party organized under the laws of a state of the United States which: a. Has its principal place of business in a state of the United States; and b. Is not owned or controlled by a company formed in a foreign country, a government of a foreign country, or any other entity formed in a foreign country. (2) Commercial entityCommercial entity"Commercial entity" means a corporation, limited liability company, partnership, limited partnership, sole proprietorship, and any other legally recognized entity.§ 114B-3(a)(2). – A corporation, limited liability company, partnership, limited partnership, sole proprietorship, and any other legally recognized entity. (3) DistributeDistribute"Distribute" means to issue, sell, give, provide, deliver, transfer, transmit, circulate, or disseminate by any means.§ 114B-3(a)(3). – To issue, sell, give, provide, deliver, transfer, transmit, circulate, or disseminate by any means. (4) Harmful to minorsHarmful to minors"Harmful to minors" means as defined by G.S. 14-190.13. The term also includes any material that the average person applying contemporary community standards would find, taken as a whole, appeals to the prurient interest or depicts or describes, in a patently offensive way, sexual conduct and when taken as a whole, lacks serious literary, artistic, political, or scientific value for minors.§ 114B-3(a)(4). – As defined by G.S. 14-190.13. The term also includes any material that the average person applying contemporary community standards would find, taken as a whole, appeals to the prurient interest or depicts or describes, in a patently offensive way, sexual conduct and when taken as a whole, lacks serious literary, artistic, political, or scientific value for minorsMinor"Minor" means a person who is under 16 years of age.§ 114B-1(b)(4). (5) News-gathering organizationNews-gathering organization"News-gathering organization" means any of the following: (i) a newspaper, news publication, or news source, printed or published online or on a mobile platform, engaged in reporting current news and matters of public interest, and an employee thereof who can provide documentation of such employment or (ii) a radio broadcast station, television broadcast station, cable television operator, or wire service, and an employee thereof who can provide documentation of such employment.§ 114B-3(a)(5). – Any of the following: (i) a newspaper, news publication, or news source, printed or published online or on a mobile platform, engaged in reporting current news and matters of public interest, and an employee thereof who can provide documentation of such employment or (ii) a radio broadcast station, television broadcast station, cable television operator, or wire service, and an employee thereof who can provide documentation of such employment. (6) PublishPublish"Publish" means to communicate or make information available to another person or entity on a publicly available website or application.§ 114B-3(a)(6). – To communicate or make information available to another person or entity on a publicly available website or application. (7) Standard age verificationStandard age verification"Standard age verification" means any commercially reasonable method of age verification approved by the commercial entity.§ 114B-3(a)(7). – Any commercially reasonable method of age verification approved by the commercial entityCommercial entity"Commercial entity" means a corporation, limited liability company, partnership, limited partnership, sole proprietorship, and any other legally recognized entity.§ 114B-3(a)(2). (8) Substantial portionSubstantial portion"Substantial portion" means more than thirty-three and three-tenths percent (33.3%) of total material on a website or application.§ 114B-3(a)(8). – More than thirty-three and three-tenths percent (33.3%) of total material on a website or application.

(b) 3 A commercial entityCommercial entity"Commercial entity" means a corporation, limited liability company, partnership, limited partnership, sole proprietorship, and any other legally recognized entity.§ 114B-3(a)(2) that knowingly and intentionally publishesPublish"Publish" means to communicate or make information available to another person or entity on a publicly available website or application.§ 114B-3(a)(6) or distributesDistribute"Distribute" means to issue, sell, give, provide, deliver, transfer, transmit, circulate, or disseminate by any means.§ 114B-3(a)(3) material harmful to minorsHarmful to minors"Harmful to minors" means as defined by G.S. 14-190.13. The term also includes any material that the average person applying contemporary community standards would find, taken as a whole, appeals to the prurient interest or depicts or describes, in a patently offensive way, sexual conduct and when taken as a whole, lacks serious literary, artistic, political, or scientific value for minors.§ 114B-3(a)(4) on a website or application, if the website or application contains a substantial portion of material harmful to minorsHarmful to minors"Harmful to minors" means as defined by G.S. 14-190.13. The term also includes any material that the average person applying contemporary community standards would find, taken as a whole, appeals to the prurient interest or depicts or describes, in a patently offensive way, sexual conduct and when taken as a whole, lacks serious literary, artistic, political, or scientific value for minors.§ 114B-3(a)(4), must use either anonymous age verificationAnonymous age verification"Anonymous age verification" means a commercially reasonable method used by a government agency or a business for the purpose of age verification which is conducted by a nongovernmental, independent third party organized under the laws of a state of the United States which: a. Has its principal place of business in a state of the United States; and b. Is not owned or controlled by a company formed in a foreign country, a government of a foreign country, or any other entity formed in a foreign country.§ 114B-3(a)(1) or standard age verificationStandard age verification"Standard age verification" means any commercially reasonable method of age verification approved by the commercial entity.§ 114B-3(a)(7) to verify that the age of a person attempting to access the material is 16 years of age or older and prevent access to the material by a person younger than 16 years of age. The commercial entityCommercial entity"Commercial entity" means a corporation, limited liability company, partnership, limited partnership, sole proprietorship, and any other legally recognized entity.§ 114B-3(a)(2) must offer anonymous age verificationAnonymous age verification"Anonymous age verification" means a commercially reasonable method used by a government agency or a business for the purpose of age verification which is conducted by a nongovernmental, independent third party organized under the laws of a state of the United States which: a. Has its principal place of business in a state of the United States; and b. Is not owned or controlled by a company formed in a foreign country, a government of a foreign country, or any other entity formed in a foreign country.§ 114B-3(a)(1) and standard age verificationStandard age verification"Standard age verification" means any commercially reasonable method of age verification approved by the commercial entity.§ 114B-3(a)(7), and a person attempting to access the material may select which method will be used to verify the person's age.

(c)–(d) 4 A commercial entityCommercial entity"Commercial entity" means a corporation, limited liability company, partnership, limited partnership, sole proprietorship, and any other legally recognized entity.§ 114B-3(a)(2) must ensure that the requirements of subsection (d) of this section are met. A third party conducting anonymous age verificationAnonymous age verification"Anonymous age verification" means a commercially reasonable method used by a government agency or a business for the purpose of age verification which is conducted by a nongovernmental, independent third party organized under the laws of a state of the United States which: a. Has its principal place of business in a state of the United States; and b. Is not owned or controlled by a company formed in a foreign country, a government of a foreign country, or any other entity formed in a foreign country.§ 114B-3(a)(1) pursuant to this section must comply with all of the following: (1) Shall not retain personal identifying information used to verify age once the age of an account holderAccount holder"Account holder" means a resident who opens an account or creates a profile or is identified by the social media platform by a unique identifier while using or accessing a social media platform when the social media platform knows or has reason to believe the resident is located in this State.§ 114B-1(b)(1) or a person seeking an account has been verified. (2) Shall not use personal identifying information used to verify age for any other purpose. (3) Must keep anonymous any personal identifying information used to verify age. The information may not be shared or otherwise communicated to any person. (4) Must protect personal identifying information used to verify age from unauthorized or illegal access, destruction, use, modification, or disclosure through reasonable security procedures and practices appropriate to the nature of the personal information.

(e) Any violation of subsection (b) or subsection (c) of this section is deemed an unfair and deceptive trade practice actionable under Chapter 75 of the General Statutes solely by the DepartmentDepartment"Department" means the North Carolina Department of Justice.§ 114B-1(b)(3) on behalf of a residentResident"Resident" means a person who lives in this State for more than six months of the year.§ 114B-1(b)(5) minorMinor"Minor" means a person who is under 16 years of age.§ 114B-1(b)(4) against a commercial entityCommercial entity"Commercial entity" means a corporation, limited liability company, partnership, limited partnership, sole proprietorship, and any other legally recognized entity.§ 114B-3(a)(2). If the DepartmentDepartment"Department" means the North Carolina Department of Justice.§ 114B-1(b)(3) has reason to believe that a commercial entityCommercial entity"Commercial entity" means a corporation, limited liability company, partnership, limited partnership, sole proprietorship, and any other legally recognized entity.§ 114B-3(a)(2) is in violation, the DepartmentDepartment"Department" means the North Carolina Department of Justice.§ 114B-1(b)(3) may bring an action against the commercial entityCommercial entity"Commercial entity" means a corporation, limited liability company, partnership, limited partnership, sole proprietorship, and any other legally recognized entity.§ 114B-3(a)(2) for an unfair or deceptive act or practice under Chapter 75 of the General Statutes. In addition to other remedies allowed by law, the DepartmentDepartment"Department" means the North Carolina Department of Justice.§ 114B-1(b)(3) may collect a civil penalty of up to fifty thousand dollars ($50,000) per violation and reasonable attorneys' fees and court costs. When the commercial entityCommercial entity"Commercial entity" means a corporation, limited liability company, partnership, limited partnership, sole proprietorship, and any other legally recognized entity.§ 114B-3(a)(2)'s failure to comply with subsection (b) or subsection (c) of this section is a consistent pattern of knowing or reckless conduct, punitive damages may be assessed against the commercial entityCommercial entity"Commercial entity" means a corporation, limited liability company, partnership, limited partnership, sole proprietorship, and any other legally recognized entity.§ 114B-3(a)(2).

(f) An internet service provider or its affiliates or subsidiaries, a search engine, or a cloud service provider does not violate this section solely for providing access or connection to or from a website or other information or content on the internet or a facility, system, or network not under the provider's control, including transmission, downloading, intermediate storage, or access software, to the extent the provider is not responsible for the creation of the content of the communication which constitutes material harmful to minorsHarmful to minors"Harmful to minors" means as defined by G.S. 14-190.13. The term also includes any material that the average person applying contemporary community standards would find, taken as a whole, appeals to the prurient interest or depicts or describes, in a patently offensive way, sexual conduct and when taken as a whole, lacks serious literary, artistic, political, or scientific value for minors.§ 114B-3(a)(4).

(g) This section does not apply to any bona fide news or public interest broadcast, website video, report, or event and does not affect the rights of a news-gathering organizationNews-gathering organization"News-gathering organization" means any of the following: (i) a newspaper, news publication, or news source, printed or published online or on a mobile platform, engaged in reporting current news and matters of public interest, and an employee thereof who can provide documentation of such employment or (ii) a radio broadcast station, television broadcast station, cable television operator, or wire service, and an employee thereof who can provide documentation of such employment.§ 114B-3(a)(5).

(a) It is the intent of the General Assembly that this Chapter be liberally construed for the protection of minorsMinor"Minor" means a person who is under 16 years of age.§ 114B-1(b)(4).

(b) If any provision of this Chapter or its application to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of this Chapter which can be given effect without the invalid provision or application and, to this end, the provisions of this Chapter are severable.