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Bill > SB936


WI SB936

WI SB936
Social media accounts for minors and providing a penalty.


summary

Introduced
02/06/2026
In Committee
02/06/2026
Crossed Over
Passed
Dead

Introduced Session

2025-2026 Regular Session

Bill Summary

This bill imposes on social media platforms with at least $1 billion in annual revenue various requirements relating to residents of this state who are less than 18 years of age and not emancipated (minors). These social media platforms must use reasonable means and efforts to estimate the age of an account holder to determine if the account holder is a minor. The bill includes presumptions based on the social media platform’s level of confidence that the account holder is at least 18 years old. These age-estimation requirements do not apply if the account has been held continuously for at least seven years. The social media platform must derive age estimates based on information collected and retained by it in the ordinary course of operation, subject to the limitations described below, and the social media platform is not required to request, collect, or retain information from or about an account holder. However, a social media platform must require that an applicant for an account provide the applicant’s date of birth. If the applicant is a minor, the social media platform may not create or maintain an account for the minor, or change the terms and conditions of the account, unless the social media platform first obtains verifiable parental consent, which is defined in a manner similar to the federal Children’s Online Privacy Protection Act. The bill imposes various requirements and restrictions on an account for a minor, including the following: LRB-6148/1 ARG:emw&wlj 2025 - 2026 Legislature SENATE BILL 936 1. A social media platform must set the default privacy settings for a minor’s account at the most private levels and may not change these settings unless it obtains verifiable parental consent to do so. To obtain verifiable parental consent, the social media platform must provide an option for the parent to receive a separate password allowing the parent to monitor and set controls on the minor’s account. 2. A social media platform may not present specified addictive features in the display or feed of a minor, including infinite scrolling; a profile-based feed; push notifications; autoplay video; displaying the number of “likes,” shares, or repostings of the minor’s posted content; or any award or recognition related to the minor’s number of followers or postings or other metrics of usage or performance. 3. A social media platform must prevent profile-based, paid commercial advertising in the display or feed of a minor. 4. A social media platform must terminate an account if it concludes, or obtains information from which it reasonably should conclude, that the account holder is a minor, unless the social media platform obtains verifiable parental consent for the account. A social media platform must terminate an account of a minor within seven days of receiving a request for termination from the minor or within 14 days of receiving a request for termination from the minor’s parent. The social media platform must also provide clear, simple, and easy-to-locate means for a minor’s parent to request termination of a minor’s account. The bill requires the Department of Agriculture, Trade and Consumer Protection to investigate alleged violations of the bill’s provisions. DATCP, or the Department of Justice or a district attorney in consultation with DATCP, may bring an action to enforce the provisions of the bill and may seek a civil forfeiture of $100 per violation, injunctive relief, an order to pay damages to an injured minor or the minor’s parent, disgorgement of money received by the social media platform, attorney fees, and other costs of investigation and prosecution. In addition, a minor, or the minor’s parent, aggrieved by a negligent, reckless, or knowing violation may bring a civil action against the social media platform. If the violation was reckless or knowing, the minor or parent may recover damages of $10,000 or actual damages, whichever is greater, for each violation. If the violation was part of a pattern of reckless or knowing conduct, the court may award punitive damages. A prevailing minor or parent may also recover court costs and reasonable attorney fees. However, a social media platform is not liable to a minor or parent for a violation if it used reasonable means and efforts to comply with the requirements of the bill. In addition, if a social media platform permits a minor to open or continue an account without verifiable parental consent, any contract pertaining to the account is void and unenforceable.

AI Summary

This bill requires social media platforms with at least $1 billion in annual revenue to implement measures to estimate the age of their users, particularly those under 18 (minors), and to obtain verifiable parental consent before creating or maintaining accounts for minors or altering account terms. Verifiable parental consent is defined similarly to federal law and requires parents to be notified of data collection and to authorize it. For minor accounts, platforms must set default privacy settings to the most private level, cannot change them without parental consent, and must offer parents a password to monitor and control their child's account usage, including time limits. The bill also prohibits certain "addictive features" like infinite scrolling, profile-based feeds, push notifications, autoplay videos, and the display of engagement metrics (likes, shares, follower counts) for minors, and bans profile-based paid advertising targeted at them. Platforms must terminate accounts if they determine a user is a minor without parental consent, and must provide clear ways for parents to request account termination, which must be done within seven days for the minor or 14 days for a parent. The Department of Agriculture, Trade and Consumer Protection is tasked with investigating violations, and enforcement actions can be brought by the department, the Department of Justice, or a district attorney, with penalties including civil forfeitures of $100 per violation, injunctive relief, damages, and attorney fees. Minors or their parents can also bring civil actions, potentially recovering $10,000 or actual damages for reckless or knowing violations, and punitive damages for patterns of such conduct, though platforms are not liable if they made reasonable efforts to comply. Contracts with minors for accounts created without verifiable parental consent are void.

Committee Categories

Business and Industry

Sponsors (13)

Last Action

Read first time and referred to Committee on Utilities, Technology and Tourism (on 02/06/2026)

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