H 4631

South Carolina General Assembly
126th Session, 2025-2026
Bill 4631
Indicates Matter Stricken
Indicates New Matter
(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)
A bill
TO AMEND THE SOUTH
CAROLINA CODE OF LAWS BY ENACTING THE "SOCIAL MEDIA PUBLIC SERVICE ANNOUNCEMENT
AND YOUTH MENTAL HEALTH ACT" BY ADDING CHAPTER 16 TO TITLE 44 SO AS TO REQUIRE
SOCIAL MEDIA PLATFORMS OPERATING IN THE STATE OF SOUTH CAROLINA TO DISPLAY OFFICE
OF MENTAL HEALTH PUBLIC SERVICE ANNOUNCEMENTS REGARDING THE DANGERS OF SOCIAL
MEDIA USE BY CHILDREN AND TEENS; TO ESTABLISH CERTAIN REPORTING REQUIREMENTS;
TO CREATE PENALTIES FOR NONCOMPLIANCE; AND FOR OTHER PURPOSES.
Be it enacted by the
General Assembly of the State of South Carolina:
SECTION 1.  This act may be cited as the "Social Media Public Service Announcement
and Youth Mental Health Act."
SECTION 2.  Title 44 of the S.C. Code is amended by adding:
CHAPTER 16
Youth Mental Health
    Section
44-16-10.  (A) The General Assembly
finds that:
       (1)
Children and adolescents are increasingly exposed to the harms of social media,
including anxiety, depression, body image issues, cyberbullying, and suicidal
ideation.
       (2)
Recent studies show direct correlations between prolonged exposure to social media
algorithms and decreased mental health outcomes.
       (3)
South Carolina has a compelling state interest in protecting the health,
safety, and welfare of minors through the dissemination of accurate mental health
information and awareness.
    (B)
The purpose of this chapter is to ensure that all social media users in South
Carolina, particularly minors, regularly encounter factual and evidence-based
public service announcements about the potential harms of excessive social media
use and available resources for mental health assistance.
    Section
44-16-20.  For purposes of this chapter:
       (1)
"Feed" or "home page" means the sequence of user-generated or recommended
content shown to a user when logged into a social media platform.
       (2)
"Office" or "Office of Mental Health" means the Office of Mental Health of the
Department of Behavioral Health and Developmental Disabilities.
       (3)
"Public service announcement" or "PSA" means an educational digital message
created or authorized by the Office of Mental Health discussing the dangers of social
media use by children and teens including, but not limited to, risks of anxiety,
depression, addiction, and self-harm, as well as available mental health and
harm prevention resources.
       (4)
"Social media platform" means any online website, application, or digital
service that:
  (a)
allows users to create accounts or profiles;
  (b)
enables sharing of user-generated content such as images, videos, or text; and
  (c)
utilizes an algorithmic feed, timeline, or "For You"-style page to distribute
such content.
       (5)
"User" means an individual who accesses a social media platform while
physically located within the State of South Carolina.
    Section
44-16-30.  (A) Every social media
platform that operates or allows access to users located in South Carolina
shall ensure that for every ten posts, videos, stories, or comparable content
items displayed on a user's feed or home page, one public service announcement
developed by the Office of Mental Health is automatically displayed or
inserted.
    (B)(1) The Office of Mental Health shall
post on its website by January first of each year the approved PSA media
content and technical guidelines for access and use by every covered social
media platform.
       (2)
The office shall maintain a record of every social media platform accessing the
approved PSA media content and technical guidelines.
    (C)
The PSA media content must:
       (1)
be displayed prominently and in substantially the same format as user content
(image, video, or text);
       (2)
include a visible or clickable notice identifying it as a "Office of Mental
Health Public Service Announcement"; and
       (3)
link directly to mental health resources of the Office of Mental Health, such
as helplines or educational materials.
    (D) Social
media platforms may not alter, edit, or modify PSA media content other than to
adjust formatting to meet technical specifications.
    Section
44-16-40.  (A) Every social media
platform subject to this chapter must submit an annual compliance report to the
Office of Mental Health by March first of each year, including:
       (1)
the total number of South Carolina-based user impressions of PSA content;
       (2)
average frequency of PSA display per user;
       (3)
summary of technical integration measures; and
       (4)
any difficulties or limitations encountered in implementing this requirement.
    (B)
The office shall compile these reports into an annual Social Media PSA Compliance
Report for submission to the Governor, the General Assembly, and the South
Carolina Department of Consumer Affairs by July first of each year.
    (C)
The office may coordinate with the Attorney General to enforce compliance and
ensure accuracy of data submitted.
    Section
44-16-50.  (A) Any social media
platform that knowingly fails to comply with Section 44-16-30 is subject to an
administrative penalty of up to twenty-five thousand dollars per day of
noncompliance, assessed by the South Carolina Department of Consumer Affairs.
    (B)
Each day of violation constitutes a separate offense.
    (C)
Civil penalties collected under this section shall be deposited into a newly
established Youth Mental Health Awareness Fund, which must be used by the
Department of Behavioral Health and Developmental Disabilities solely for
mental health education and youth outreach.
    Section
44-16-60.  The Department of Behavioral Health and Developmental Disabilities,
in consultation with the South Carolina Department of Consumer Affairs and the
Attorney General, may promulgate regulations necessary to implement the
provisions of this chapter, including verification procedures for user location
and acceptable PSA delivery mechanisms.
SECTION 3.  If any section, subsection,
paragraph, subparagraph, sentence, clause, phrase, or word of this act is for
any reason held to be unconstitutional or invalid, such holding shall not
affect the constitutionality or validity of the remaining portions of this act,
the General Assembly hereby declaring that it would have passed this act, and
each and every section, subsection, paragraph, subparagraph, sentence, clause,
phrase, and word thereof, irrespective of the fact that any one or more other
sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases,
or words hereof may be declared to be unconstitutional, invalid, or otherwise
ineffective.
SECTION 4.  This act takes effect January 1,
2027.
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This web page was last updated on December 17, 2025 at 01:04 PM