WHAT THIS BILL REGULATES · 4 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.
(a)–(b) There is hereby established in the Office of the Attorney General of North Carolina, the Online Safety DivisionDivisionDivision. – The Online Safety Division of the North Carolina Department of Justice.§ 114B-1(5) (DivisionDivisionDivision. – The Online Safety Division of the North Carolina Department of Justice.§ 114B-1(5)). The DivisionDivisionDivision. – The Online Safety Division of the North Carolina Department of Justice.§ 114B-1(5) includes the North Carolina Online Child Safety Commission (Commission) created in Chapter 114B of the General Statutes. (b) The attorneys and professional staff assigned to this DivisionDivisionDivision. – The Online Safety Division of the North Carolina Department of Justice.§ 114B-1(5) shall focus on online safety, with an emphasis on the protection of children online. The DivisionDivisionDivision. – The Online Safety Division of the North Carolina Department of Justice.§ 114B-1(5) shall have the following duties: (1) Investigation of complaints made under, and enforcing compliance, with the Chapter 114B of the General Statute (Children's Safe Screens Act). (2) Educating law enforcement agencies and the general public about the online safety of all North Carolinians, with an emphasis targeting harmful activities and dark patternsDark patternsDark patterns. – Design elements that deceive or coerce users into unintended actions, including hidden defaults, misleading interfaces, artificial urgency, autoplay of content, infinite scroll features, notification manipulation, and obstruction of account deletion or privacy controls.§ 114B-1(4). (3) Issuance of online safety standards and guidelines, and review of relevant industry codes pertaining to internet safety, age-appropriate designAge-appropriate designAge-appropriate design. – Design focused on developmental needs of children.§ 114B-1(1), and compliance with the Children's Safe Screens Act. (4) Facilitating advisory panels on internet safety, including child development experts, technology specialists, parent representatives, community stakeholders, and industry representatives.
(c) There is established in the Department of Justice a special fund to be known as the Children's Online Safety Fund (Fund). The Fund shall be administered by the Commission and used exclusively for prevention, education, and enforcement activities under Chapter 114B of the General Statutes. The Fund shall receive appropriations by the General Assembly and any gifts, grants, or donations accepted for that purpose. The Commission shall report annually to the General Assembly on Fund expenditures and outcomes.
This section establishes the Online Safety Division within the North Carolina Attorney General's office, focused on online safety with an emphasis on protecting children. The Division's duties include investigating complaints and enforcing the Children's Safe Screens Act, educating law enforcement and the public, issuing online safety standards, and facilitating advisory panels. The section also creates the Children's Online Safety Fund within the Department of Justice, administered by the Commission for prevention, education, and enforcement activities.
(1)–(7) The following definitions apply in this Article: (1) Age-appropriate designAge-appropriate designAge-appropriate design. – Design focused on developmental needs of children.§ 114B-1(1). – Design focused on developmental needs of children. (2) Child or minorChild or minorChild or minor. – An individual under eighteen (18) years of age.§ 114B-1(2). – An individual under eighteen (18) years of age. (3) Covered platformCovered platformCovered platform. – An internet platform providing online services having more than five million (5,000,000) users in North Carolina and revenues exceeding twenty-five million dollars ($25,000,000) annually.§ 114B-1(3). – An internet platform providing online servicesOnline serviceOnline service. – Social media, gaming platforms, messaging services, content-sharing platforms, and other user-interactive services provided by a covered platform.§ 114B-1(7) having more than five million (5,000,000) users in North Carolina and revenues exceeding twenty-five million dollars ($25,000,000) annually. (4) Dark patternsDark patternsDark patterns. – Design elements that deceive or coerce users into unintended actions, including hidden defaults, misleading interfaces, artificial urgency, autoplay of content, infinite scroll features, notification manipulation, and obstruction of account deletion or privacy controls.§ 114B-1(4). – Design elements that deceive or coerce users into unintended actions, including hidden defaults, misleading interfaces, artificial urgency, autoplay of content, infinite scroll features, notification manipulation, and obstruction of account deletion or privacy controls. (5) DivisionDivisionDivision. – The Online Safety Division of the North Carolina Department of Justice.§ 114B-1(5). – The Online Safety Division of the North Carolina Department of Justice. (6) Harmful contentHarmful contentHarmful content. – Content that includes cyberbullying, self-harm promotion, sexually explicit material, violent content, discrimination, and other physical or psychological harms.§ 114B-1(6). – Content that includes cyberbullying, self-harm promotion, sexually explicit material, violent content, discrimination, and other physical or psychological harms. (7) Online serviceOnline serviceOnline service. – Social media, gaming platforms, messaging services, content-sharing platforms, and other user-interactive services provided by a covered platform.§ 114B-1(7). – Social media, gaming platforms, messaging services, content-sharing platforms, and other user-interactive services provided by a covered platformCovered platformCovered platform. – An internet platform providing online services having more than five million (5,000,000) users in North Carolina and revenues exceeding twenty-five million dollars ($25,000,000) annually.§ 114B-1(3).
This section defines the key terms used throughout the Children's Safe Screens Act. The most consequential definition is covered platform, which applies to internet platforms with more than 5 million North Carolina users and annual revenues exceeding $25 million — a threshold that captures major social media, gaming, and content-sharing platforms but excludes smaller operators. The dark patterns definition is notably specific, enumerating hidden defaults, misleading interfaces, artificial urgency, autoplay, infinite scroll, notification manipulation, and obstruction of account deletion. Harmful content is defined broadly to include cyberbullying, self-harm promotion, sexually explicit material, violent content, discrimination, and other physical or psychological harms.
(a) It is the public policy of this State that its children are owed a duty of care with regard to their online activities in order to limit foreseeable harm and their exposure to dark patternsDark patternsDark patterns. – Design elements that deceive or coerce users into unintended actions, including hidden defaults, misleading interfaces, artificial urgency, autoplay of content, infinite scroll features, notification manipulation, and obstruction of account deletion or privacy controls.§ 114B-1(4) and harmful contentHarmful contentHarmful content. – Content that includes cyberbullying, self-harm promotion, sexually explicit material, violent content, discrimination, and other physical or psychological harms.§ 114B-1(6) on covered platformsCovered platformCovered platform. – An internet platform providing online services having more than five million (5,000,000) users in North Carolina and revenues exceeding twenty-five million dollars ($25,000,000) annually.§ 114B-1(3). Further, the General Assembly endorses age-appropriate designAge-appropriate designAge-appropriate design. – Design focused on developmental needs of children.§ 114B-1(1) and strong parental controls as central to protecting children in online serviceOnline serviceOnline service. – Social media, gaming platforms, messaging services, content-sharing platforms, and other user-interactive services provided by a covered platform.§ 114B-1(7) environments.
(b) 1 Covered platformsCovered platformCovered platform. – An internet platform providing online services having more than five million (5,000,000) users in North Carolina and revenues exceeding twenty-five million dollars ($25,000,000) annually.§ 114B-1(3) shall require parental notification for accounts created by children and must offer robust, easy-to-use parental supervision tools such as filtering options, contact management, time limits and scheduling, purchase controls, and activity reporting.
(c) 2 It is unlawful for covered platformsCovered platformCovered platform. – An internet platform providing online services having more than five million (5,000,000) users in North Carolina and revenues exceeding twenty-five million dollars ($25,000,000) annually.§ 114B-1(3) to use dark patternsDark patternsDark patterns. – Design elements that deceive or coerce users into unintended actions, including hidden defaults, misleading interfaces, artificial urgency, autoplay of content, infinite scroll features, notification manipulation, and obstruction of account deletion or privacy controls.§ 114B-1(4) or deploy features known to be addictive or manipulative.
(d) 3 Covered platformsCovered platformCovered platform. – An internet platform providing online services having more than five million (5,000,000) users in North Carolina and revenues exceeding twenty-five million dollars ($25,000,000) annually.§ 114B-1(3) shall establish clear definitions of what constitutes cyberbullying and include provisions for direct reporting to the DivisionDivisionDivision. – The Online Safety Division of the North Carolina Department of Justice.§ 114B-1(5), as well as provide intervention and support services for affected children, including mediation options where appropriate.
(e) 4 Each covered platformCovered platformCovered platform. – An internet platform providing online services having more than five million (5,000,000) users in North Carolina and revenues exceeding twenty-five million dollars ($25,000,000) annually.§ 114B-1(3) shall submit to the Online Safety DivisionDivisionDivision. – The Online Safety Division of the North Carolina Department of Justice.§ 114B-1(5) an annual Child Impact Assessment for new and existing services on the platform. The assessment shall include documentation of potential risks to children and assessment of addiction and compulsive usage risks. The documentation supporting each annual assessment shall be retained for at least a three-year period.
(f) 5 Covered platformsCovered platformCovered platform. – An internet platform providing online services having more than five million (5,000,000) users in North Carolina and revenues exceeding twenty-five million dollars ($25,000,000) annually.§ 114B-1(3) shall utilize the highest privacy settings by default for all users reasonably likely to be children and shall establish strict data minimization principles to include the following: (1) Limiting collection of personal data to what is necessary for the service. (2) Requiring deletion when no longer needed. (3) Prohibiting data use for commercial purposes unless strictly necessary. (4) Including "Right to be Forgotten" provisions empowering minors to request deletion of their data and content. (5) Prohibiting profiling and behavioral advertising targeting children. (6) Requiring child-friendly privacy information and controls. (7) Mandating transparency about personal data use. (8) Establishing clear restrictions on geolocation data collection and use. (9) Data broker restrictions for children's information.
This section is the operative core of the bill, imposing six distinct categories of obligations on covered platforms. It opens with a legislative finding establishing a duty of care to children and then imposes actionable requirements: parental notification and supervision tools for minor accounts, a prohibition on dark patterns and addictive features, cyberbullying reporting and intervention mechanisms, annual Child Impact Assessments submitted to the Online Safety Division, and comprehensive data minimization and privacy-by-default requirements for users reasonably likely to be children.
The data-privacy subsection is particularly detailed, requiring highest-privacy defaults for minors, strict limits on data collection, a right to be forgotten, prohibitions on profiling and behavioral advertising, child-friendly privacy controls, geolocation restrictions, and data-broker restrictions for children's information.
(a) Effective December 1, 2026, the Attorney General shall bring civil actions to enforce this Article. In any suit instituted by the Attorney General, in which the defendant is found to have violated this Chapter and the acts or practices which constituted the violation were, when committed, knowingly violative of a statute, the court may, in its discretion, impose a civil penalty against the defendant of up to five hundred thousand dollars ($500,000) for each violation. Civil penalties may be imposed in a new action or by motion in an earlier action, whether or not such earlier action has been concluded. In determining the amount of the civil penalty, the court shall consider all relevant circumstances, including, but not limited to, the extent of the harm caused by the conduct constituting a violation, the nature and persistence of such conduct, the length of time over which the conduct occurred, the assets, liabilities, and net worth of the defendant, and any corrective action taken by the defendant. The clear proceeds of penalties so assessed shall be remitted to the Civil Penalty and Forfeiture Fund in accordance with G.S. 115C-457.2.
(b) This Chapter does not create a private right of action.
(c) The Commission shall refer all matters requiring judicial enforcement to the Attorney General, whose authority to bring civil actions under this Chapter is exclusive. The Commission's authority to seek injunctive relief is limited to emergency interim relief pending Attorney General action.
This section establishes the enforcement framework for the Children's Safe Screens Act. The Attorney General has exclusive authority to bring civil actions, effective December 1, 2026. For knowing violations, courts may impose civil penalties of up to $500,000 per violation, considering the extent of harm, nature and persistence of conduct, duration, defendant's financial condition, and corrective actions taken. The section explicitly forecloses a private right of action and limits the Commission to referring judicial enforcement matters to the Attorney General, with only emergency interim injunctive relief available to the Commission pending AG action.
(a)–(b) Commission. – The North Carolina Online Child Safety Commission (Online Safety Commission or Commission) is established as a regulatory body within the Department of Justice with oversight authority on matters relating to the safety and wellbeing of minors in digital environments. The Commission's primary mission shall be to protect North Carolina's children from online harms through research, education, regulation, enforcement, and ongoing adaptation to the evolving digital landscape. The Commission shall serve as the state's foremost authority on online child safety, advancing the digital wellbeing of minors while respecting fundamental rights. The Commission shall be guided by the best interests of the child, the recognition that digital safety is fundamental to childhood development, the understanding that technology must adapt to children's needs rather than the reverse, and the principle that powerful digital platforms must be held accountable for the safety of young users. (b) Members. – The Commission shall consist of nine (9) voting members appointed by the Governor and two (2) nonvoting ex officio members to include the Attorney General and the Superintendent of Public Instruction. The nine voting members shall have demonstrated expertise and commitment to child welfare, digital technology, mental health, education, or related fields relevant to children's online safety. The Commission membership shall include, at minimum: (1) One (1) member with expertise in child development and psychology (2) One (1) member with expertise in digital technology and data ethics (3) One (1) member representing parents or guardians (4) One (1) member with expertise in cybersecurity and privacy (5) One (1) member with expertise in education (6) One (1) member with legal expertise in child protection (7) One (1) youth advocate between the ages of 18 and 25. Commission members shall serve four-year staggered terms, with initial appointments varying in length to ensure continuity. The Commission shall elect a Chair and Vice-Chair from among its members, serving two-year terms. No member shall serve more than two consecutive terms. The Commission shall be supported by a professional staff led by an Executive Director. The Commission shall maintain an investigative staff separate from its adjudicative functions. The Commission shall maintain specialized units for enforcement, education, research, and policy and shall employ technologists, child development experts, data analysts, and legal specialists. The Commission may establish advisory committees on specific issue areas. Every three years, the Commission shall (i) conduct a comprehensive review of its activities and impact, (ii) assess changing technological landscape and emerging challenges, (iii) revise strategic priorities and approaches as needed, and (iv) recommend statutory amendments to maintain effectiveness.
(c) Expertise. – The Commission shall provide expert guidance to each of the following: (1) The Governor and General Assembly on matters relating to online child safety. (2) State agencies on implementation of digital safety programs. (3) Educational institutions on digital literacy and safety curricula. (4) Parents and caregivers on tools and strategies to protect children online. (5) Technology platforms on best practices for age appropriate design.
(d)(1)–(2) Powers and Duties. – Further, the Commission shall have the following powers and duties: (1) Regulatory authority to adopt binding regulations concerning age verification, minor account data practices, default safety settings, complaint procedures, and platform transparency disclosures. This authority includes adopting rules for device-level and platform level age assurance as alternatives to site-by-site verification. (2) The authority to issue binding regulations implementing subdivision (1) of this subsection when it first finds, on the basis of substantial evidence in the record, all of the following: a. The regulation addresses specific harm to minors expressly identified in this act; b. The regulated platform conduct materially contributes to that harm; and c. The regulation is no broader than necessary to address that harm and does not govern the selection, ranking, or curation of content.
(d)(3)–(10) To initiate investigations into potential violations. (4) To issue orders requiring compliance with this Chapter. (5) To seek injunctive relief through the courts when necessary to prevent harm to children. (6) Maintain a database of safety incidents, platform responses, and outcomes. (7) Develop and oversee the following: a. Public awareness campaigns on online child safety. b. Resource development for schools, parents, and children. c. Training programs for educators and other professionals. d. Digital literacy standards for K-12 education. (8) Conduct or commission research on emerging online risks to children, collect and analyze data on the prevalence and impact of online harms, monitor global developments in online safety regulation, and evaluate the effectiveness of interventions and regulations. (9) Establish accessible mechanisms for receiving complaints about online harm to children, create specialized response protocols for different categories of harm, oversee platform compliance with complaint response requirements and intervene directly in serious cases where platforms fail to act appropriately. (10) Provide support resources for affected children and families.
(e) In addition, the Commission shall: (1) Coordinate with relevant State agencies including the Department of Health and Human Services and Department of Public Instruction. (2) Collaborate with federal authorities including the Federal Trade Commission and Department of Justice. (3) Engage with international counterparts to develop consistent approaches to digital safety. (4) Partner with academic institutions, non-profit organizations, and other stakeholders dedicated to child safety.
(f) Annual Report. – The Commission shall prepare and publish an annual "State of Children's Online Safety in North Carolina" report that: (1) Assesses current online risks facing North Carolina's children. (2) Analyzes trends in online harms and platform responses. (3) Evaluates platform compliance with this act and related regulations. (4) Identifies emerging threats and technologies of concern. (5) Measures progress in addressing previously identified issues. (6) Provides data-driven insights on the digital experiences of children by age group.
(g) Compliance Reviews. – The Commission shall conduct annual compliance reviews of covered platformsCovered platformCovered platform. – An internet platform providing online services having more than five million (5,000,000) users in North Carolina and revenues exceeding twenty-five million dollars ($25,000,000) annually.§ 114B-1(3) that: (1) Evaluate implementation of required safety measures. (2) Assess the effectiveness of age verification systems. (3) Review Child Impact Assessments and safety documentation. (4) Analyze complaint handling and response times. (5) Examine algorithmic systems for compliance with safety standards. (6) Identify best practices and areas requiring improvement. (7) Result in public compliance ratings for each major platform.
(h)–(q) Legislative Recommendations. – The Commission shall submit annual recommendations to the General Assembly that: (1) Identify necessary amendments to this act based on technological developments. (2) Propose new legislative measures to address emerging concerns. (3) Suggest improvements to enforcement mechanisms. (4) Recommend funding priorities for child online safety initiatives. (5) Identify areas where federal action or coordination is needed. (i) Public Hearings and Testimony. – The Commission shall: (1) Hold at least four public hearings annually across different regions of the State. (2) Receive testimony from children, parents, educators, platforms, and experts. (3) Conduct specialized hearings on emerging issues of concern. (4) Ensure diverse perspectives are represented in deliberations. (5) Make hearing records publicly available. (j) Industry Engagement. – The Commission shall: (1) Convene an annual Industry Safety Summit with platform representatives. (2) Facilitate regular working groups on specific safety challenges. (3) Review and approve updates to industry codes of practice. (4) Evaluate voluntary safety initiatives. (5) Promote adoption of safety innovations across the industry. (k) Transparency. – The Commission shall publish annual transparency reports detailing: (1) Enforcement actions taken and their outcomes. (2) Complaints received and resolved. (3) Penalties assessed and collected. (4) Allocation and impact of Children's Online Safety Fund expenditures. (5) Commission activities, investigations, and initiatives. (6) Metrics for measuring the effectiveness of the Act's implementation. (l) Audit of Educational Programs. – The Commission shall annually audit and evaluate: (1) Digital literacy programs in North Carolina schools. (2) Parent education initiatives. (3) Professional development for educators and youth workers. (4) Public awareness campaign effectiveness. (5) Resource allocation and accessibility across communities. (m) Research Agenda Development. – The Commission shall: (1) Establish annual research priorities based on identified gaps. (2) Commission or conduct studies on priority areas. (3) Award research grants from the Children's Online Safety Fund. (4) Publish findings and recommendations based on research. (5) Ensure research informs regulatory and educational approaches. (n) Funding Mechanisms. – The Commission shall: (1) Receive an annual appropriation from the General Assembly. (2) Administer the Children's Online Safety Fund. (3) Report annually on budget allocation and performance metrics. (o) Technological Capabilities. – The Commission shall: (1) Maintain technical testing facilities to evaluate platform compliance. (2) Develop data analysis capabilities to identify patterns of harm. (3) Employ experts capable of evaluating platform algorithms and safety systems. (4) Keep pace with emerging technologies that may pose risks to children. (p) Ethical Frameworks. – The Commission shall: (1) Establish clear ethical guidelines for its work. (2) Ensure privacy protection in research and investigations. (3) Develop age-appropriate methods for involving children in policy development. (4) Balance safety imperatives with other rights and considerations. (q) Accountability Mechanisms. – The Commission shall: (1) Maintain transparent decision-making processes. (2) Publish the basis for regulatory determinations. (3) Establish clear metrics for measuring its own effectiveness. (4) Undergo periodic independent evaluation.
This section creates the North Carolina Online Child Safety Commission as a regulatory body within the Department of Justice. The Commission is a nine-member body appointed by the Governor with two ex officio nonvoting members (Attorney General and Superintendent of Public Instruction). Its mandate is extraordinarily broad — spanning rulemaking, investigations, compliance reviews, annual reporting, industry engagement, public hearings, research, education program oversight, and transparency reporting.
The Commission's binding regulatory authority is subject to a three-part test requiring substantial evidence that the regulation addresses a specific harm identified in the Act, that the regulated conduct materially contributes to that harm, and that the regulation is no broader than necessary and does not govern content selection, ranking, or curation. This constraint appears designed to limit First Amendment exposure. The Commission must also conduct annual compliance reviews of covered platforms resulting in public compliance ratings.
(a) This Article shall be liberally construed for the protection of minors and the general public. Nothing in this Article shall be construed to infringe on any rights protected by the North Carolina or U.S. Constitutions.
(b) If any provision of this Article is held by a court of competent jurisdiction to be invalid, void, or unenforceable, in whole or in part, the decision shall not affect the validity, enforceability, or applicability of the remaining provisions, which shall remain in full force and effect as if the provision held invalid, void, or unenforceable had not been included.
This section provides a liberal-construction clause and a standard severability provision. It directs that the Act be construed liberally for the protection of minors and the general public, and includes a savings clause stating nothing shall be construed to infringe constitutionally protected rights. The severability clause preserves remaining provisions if any portion is invalidated.
(a)–(b) There is established in the State Bureau of Investigation the Cyberbullying Unit (Unit) dedicated to the protection of children online and to aid in the enforcement of Article 11 of Chapter 114 of the General Statutes. (b) In addition to any other duties assigned by law, the Unit shall operate a toll-free number and website on online child safety and cyberbullying jointly with the Department of Justice.
This section establishes a Cyberbullying Unit within the State Bureau of Investigation, dedicated to the protection of children online and aiding enforcement of the Online Safety Division's mandate. The Unit is required to operate a toll-free number and website on online child safety and cyberbullying jointly with the Department of Justice. This provision creates governmental infrastructure obligations, not direct obligations on covered platforms.