S 1094

South Carolina General Assembly
126th Session, 2025-2026
Bill 1094
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 SO AS TO ENACT
THE "FIRST AMENDMENT PRESERVATION ACT" BY ADDING SECTION 1-30-160 SO AS TO
DEFINE A MEDIA RELIABILITY AND BIAS MONITOR, PROHIBIT STATE CONTRACTS WITH
MEDIA RELIABILITY AND BIAS MONITORS, REQUIRE WRITTEN CERTIFICATIONS FROM
COMPANIES SUBMITTING BIDS THAT STATE PURCHASING CONTRACTS ARE IN COMPLIANCE, AND
CLARIFY THE APPLICABILITY OF THE ACT TO STATE CONTRACTS.
Be it enacted by the
General Assembly of the State of South Carolina:
SECTION 1.  This act may be cited as the "First Amendment Preservation Act".
SECTION 2.  Chapter 30, Title 1 of the S.C. Code is amended by
adding:
    Section
1-30-160.  (A) As used in this
section:
       (1)
"Agency" means any state department, division, board, commission, or other
executive agency of state government, institutions of higher education using
state funds, or any political subdivisions of the State.
       (2)
"Company" means any sole proprietorship, organization, association,
corporation, partnership, joint venture, limited partnership, limited liability
partnership, limited liability company, or other entity or business
association, including all wholly owned subsidiaries, majority owned
subsidiaries, or parent companies that exist for the purpose of making a profit
or that are nonprofit entities.
       (3)
"Media reliability and bias monitor" means a company whose primary or principal
function is rating or ranking news and information sources for the factual
accuracy of their content, whether published online, in print, by audio, or
digitally, or by broadcasting via radio, television, cable, streaming service,
or any other ways news is delivered to the public, or that provide ratings or
rankings of news sources based on misinformation, bias, adherence to
journalistic standards, or ethics, including, but not limited to, organizations
that claim to engage in fact checking or determining overall news accuracy. The
term does not include a company that only rates media outlets for audience
size, viewership, and demographic information, or that monitors media outlets
for the purposes of compiling press or video clippings or aggregating news
sources.
    (B) Notwithstanding
any other provision of law, an agency may not:
       (1)
enter into any contract or other agreement with any media reliability and bias
monitor for purposes of directing the agency's advertising placements or for
use of the agency's programmatic advertising purchases; or
       (2)
enter into any contract or agreement with any advertising or marketing agency
that uses the services of a media reliability and bias monitor for purposes of
directing the agency's advertising placements or for use of the agency's
programmatic advertising purchases.
    (C) Any
agency seeking to contract for advertising or marketing services shall require
all companies submitting a bid or proposal to provide written certification
that the company is neither a media reliability and bias monitor nor planning
to use the services of a media reliability and bias monitor for the purposes of
the contract or agreement with the agency. Prior to extending, renewing, or
otherwise changing or modifying an agreement or contract for advertising or
marketing services in effect prior to the effective date of this section, an
agency shall obtain written certification from the contractor that it is
neither a media reliability and bias monitor nor planning to use the services
of a media reliability and bias monitor for the purposes of the contract or
agreement with the agency.
    (D) Nothing
in this section shall be construed to prevent an agency from contracting for
services that aggregate news articles and information relevant to the agency or
its constituents or to prevent a company from providing analytical or
statistical information on the performance of advertisements placed by an
agency.
SECTION 3.  The
provisions of this act apply to all policies, contracts, plans, or agreements
subject to this section that are delivered, executed, amended, adjusted, or
renewed on or after July 1, 2026.
SECTION 4.  This act takes effect upon approval
of the Governor.
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This web page was last updated on April 01, 2026 at 01:51 PM