The Computer & Communications Industry Association (CCIA) has expressed its concerns regarding two bills in South Carolina, SB 268 and HB 3431, which aim to regulate digital services used by minors. CCIA acknowledges the importance of protecting children online, but warns that the proposed measures could inadvertently affect free speech, small businesses, and privacy.
SB 268, termed the "Age-Appropriate Design Code," would introduce certain requirements for online platforms to prevent harm to minors. Meanwhile, HB 3431, the "South Carolina Social Media Regulation Act," would compel companies to verify users' ages and obtain parental consent, leading to constitutional and privacy concerns.
The CCIA highlights that both bills rely on subjective standards such as "reasonable care" or "commercially reasonable efforts," which lack clear compliance guidelines. SB 268 might lead platforms to block teens to avoid liability, whereas HB 3431 could expose companies to costly litigation.
Tom Mann, the State Policy Manager for CCIA, stated: "Protecting kids online is a shared goal – but how we get there truly matters. Both SB 268 and HB 3431 introduce vague standards and costly mandates that risk shutting young people out of online communities, stifling free expression, and forcing businesses to collect even more sensitive user data. We urge lawmakers to work with industry experts to develop solutions that are effective and constitutional and respect user privacy."