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Bill > H3399


SC H3399

Children's Default to Safety Act


summary

Introduced
01/14/2025
In Committee
01/14/2025
Crossed Over
Passed
Dead

Introduced Session

126th General Assembly

Bill Summary

Amend The South Carolina Code Of Laws By Enacting The "children's Default To Safety Act" By Adding Article 9 To Chapter 5, Title 39 So As To Provide Protections For Children Against Unfiltered Devices; To Provide Necessary Definitions; To Require Manufacturers Of Smart Phones And Tablets To Automatically Enable And Passcode-protect The Filters Blocking Material Harmful To Minors On Devices Activated In This State; To Subject Manufacturers To Civil And Criminal Liability For Violations Of This Article; And To Subject Individuals To Criminal And Civil Liability For Violations Of This Article; And By Amending Section 16-17-490, Relating To Contributing To Delinquency Of A Minor, So As To Prohibit Providing A Passcode To Remove The Pornography Filter For An Internet-accessible Device By Someone Other Than A Minor's Parent Or Legal Guardian.

AI Summary

This bill establishes the "Children's Default to Safety Act" in South Carolina, which requires manufacturers of smart phones and tablets to automatically enable and passcode-protect content filters that block material harmful to minors on devices activated in the state starting January 1, 2026. The bill defines key terms such as "device" (tablets and smart phones), "filter" (software preventing access to inappropriate content), and "harmful to minors" (as defined in existing state law), and mandates that these devices must have filters that prevent access to inappropriate content on mobile data networks, manufacturer-owned applications, and internet networks. Manufacturers who fail to comply can face civil and criminal liability, including potential fines up to $50,000 and possible license revocation. The bill also makes it a criminal offense for anyone other than a parent or legal guardian to provide a passcode that removes these content filters, with potential fines up to $5,000 for a first offense and $50,000 for subsequent offenses, and possible jail time for repeat offenders. Parents or legal guardians are given the right to bring private legal action against manufacturers who do not comply with the filtering requirements or against individuals who provide filter-removal passcodes to minors.

Committee Categories

Justice

Sponsors (6)

Last Action

Member(s) request name added as sponsor: Govan, Erickson, Bradley (on 02/04/2025)

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