House Bill 1558

AN ACT TO REQUIRE THE OWNERS OR OPERATORS OF SOCIAL MEDIA WEBSITES, APPLICATIONS OR OTHER PLATFORMS WHO CONTRACT WITH A SOCIAL MEDIA USER IN THE STATE OF MISSISSIPPI TO ENSURE THAT THE CONTENT POLICIES OF THE SOCIAL MEDIA PLATFORM ADDRESS AND RESPOND TO RISKS HARMFUL TO YOUTH RELATED TO THE SELL AND MISUSE OF TOBACCO OR NICOTINE PRODUCTS; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. The Legislature finds that:

(a) The Legislature is opposed to social media content depicting tobacco or nicotine products harmful misuse, which youth can easily imitate.

(b) The State of Mississippi has an interest in ensuring youth do not have access to tobacco or nicotine products and do not view on social media the harmful misuse of these products, which can be easily imitated.

SECTION 2. (1) The purpose of this act is to deter youth from using or being influenced to use tobacco or nicotine products, especially the harmful misuse of these products.

(2) As used in this act, the following words and phrases shall have the meanings as defined in this section unless the context clearly indicates otherwise:

(a) "Harmful misuse" means the use of a tobacco or nicotine product in a way that is not its intended product use, can be easily imitated by or influence youth, and is harmful to one's health.

(b) "Youth" means people under the age of twenty-one (21), the legal age by which an individual is eligible to purchase tobacco or nicotine products in the State of Mississippi.

SECTION 3. The owner or operator of a social media website, application or other platform who contracts with a social media user in the State of Mississippi must:

(a) Ensure that content policies address and respond to risks harmful to youth related to:

(i) Social media content or profiles which directly link to websites, applications or other platforms that sell tobacco or nicotine products without age verification at the time of access (i.e., no self-certification of age); and

(ii) Social media content that promotes the harmful misuse of tobacco or nicotine products;

(b) Provide a means for users of a social media website, application or platform to report the sale without age verification or harmful misuse of tobacco or nicotine products; and

(c) Have procedures in place for evaluating and removing such material. In deciding whether to remove tobacco or nicotine content, the website may consider:

(i) Whether youth can easily imitate or be influenced by the harmful misuse depicted;

(ii) Whether individuals participating in the harmful misuse depicted, or any youth imitating it, can be seriously injured or harmed doing so;

(iii) Whether there are false health claims made in the promotion of nicotine or tobacco products;

(iv) Whether the social media content or profile directly links to websites, applications or other platforms that sell tobacco or nicotine products without age verification at the time of access;

(v) Whether there is commentary discouraging the harmful misuse of a tobacco or nicotine product; or

(vi) Whether the harmful misuse is educational, documentary, scientific or artistic in nature.

SECTION 4. This act shall take effect and be in force from and after July 1, 2024.