Senate Bill 2388

AN ACT TO ENACT THE KIDS ONLINE PROTECTION AND ANTI-GROOMING ACT; TO DEFINE TERMS; TO PROVIDE THAT EVERY OWNER OR OPERATOR OF A COVERED PLATFORM WHO CONTRACTS WITH A MINOR SHALL OWE A DUTY OF CARE TO THE MINOR; TO PROVIDE THAT THE DUTY OF CARE SHALL REQUIRE THE COVERED PLATFORM TO TAKE CERTAIN REASONABLE MEASURES; TO REQUIRE A COVERED PLATFORM TO NOTIFY THE LEGAL REPRESENTATIVE OF A MINOR IF A MINOR MAKES A MICROTRANSACTION ON A COVERED PLATFORM, A MINOR IS EXPOSED TO SEXUALLY EXPLICIT MATERIAL ON A COVERED PLATFORM OR A CONNECTION IS MADE BETWEEN AN ADULT AND A MINOR ON A COVERED PLATFORM; TO AUTHORIZE A LEGAL REPRESENTATIVE OF A MINOR TO OPT OUT OF THE PROTECTIONS REQUIRED IN THIS ACT BY PROVIDING EXPRESS WRITTEN CONSENT TO A COVERED PLATFORM; TO PROVIDE THAT ANY OWNER OR OPERATOR OF A COVERED PLATFORM WHO IS FOUND TO HAVE VIOLATED THIS ACT SHALL BE LIABLE TO AN INDIVIDUAL FOR DAMAGES, COURT COSTS, AND REASONABLE ATTORNEY'S FEES; AND FOR RELATED PURPOSES.

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

SECTION 1. (1) This Section shall be known and may be cited as the "Kids Online Protection and Anti-Grooming Act."

(2) For the purposes of this section, the following terms have the meaning ascribed herein unless the context clearly requires otherwise:

(a) "Connect" means the linking, associating, or interacting of user accounts between an adult and a minor on a covered platform, including but not limited to, subscribing or friending.

(b) (i) "Covered platform" means an online platform, online video game, messaging application, or video streaming service that accesses the internet and is used, or reasonably likely to be used, by a minor.

(ii) Covered platform shall not include any of the following:

1. An entity acting in its capacity as a provider of a common carrier service subject to the Communications Act of 1934 (47 USC § 151 et seq.);

2. An entity acting in its capacity as a broadband service provider under Sections 77–17–1 through 77–17–15;

3. An entity acting in its capacity as a provider of an email service;

4. An entity acting in its capacity as a teleconferencing or video conferencing service that allows reception and transmission of audio or video signals for real-time communication, provided that the service is not an online platform and the real-time communication is initiated by using a unique link or identifier to facilitate access;

5. An entity acting in its capacity as a wireless messaging service, including such a service provided through short messaging service or multimedia messaging service protocols that is not a component of or linked to an online platform and where the predominant or exclusive function is direct messaging consisting of the transmission of texts, photos, or videos that are sent by electronic means, where messages are transmitted from the sender to a recipient;

6. A nonprofit corporation;

7. Any school;

8. A public library;

9. A news or sports coverage website or application where the inclusion of video content on the website or application is related to the website or application's own gathering, reporting, or publishing of news content or sports coverage and the website or application is not otherwise an online platform;

10. A product or service that primarily functions as business-to-business software, such as cloud storage, file sharing, or a file collaboration service;

11. A virtual private network or similar service that exists predominantly to route internet traffic between locations; or

12. A federal, state or local government with an internet domain.

(c) (i) "Online platform" means any public website, online service, online application or mobile application that predominantly provides a community forum for user-generated content, such as sharing videos, images, games, audio files or other content, including a social media service, social network or virtual reality environment.

(ii) A website, online service, online application or mobile application is not an online platform solely on the basis that it includes a chat, comment or other interactive function that is incidental to its predominant purpose.

(d) "Online video game" means a video game, including an educational video game, that accesses the internet and allows the user to do any of the following:

(i) Create and upload content that is not incidental to game play such as character or level designs;

(ii) Engage in microtransactions within the game; or

(iii) Communicate with other users.

(e) (i) "Microtransaction" means any of the following:

1. A purchase made in an online video game involving surprise mechanics, new characters or other in-game items;

2. A purchase made using a virtual currency that is purchasable or redeemable using cash or credit that is included as part of a paid subscription service; or

3. Any purchase or transfer of virtual currency on a covered platform; and

(ii) The term shall not include a purchase made in an online video game using a virtual currency that is earned through game play and is not otherwise purchasable or redeemable using cash or credit or included as part of a paid subscription service.

(f) "Minor" means a child who is younger than eighteen (18) years of age who has not had the disabilities of minority removed for general purposes.

(g) "Nonprofit corporation" means any organization organized on a not-for-profit basis under the provisions of Chapter II of Title 12 of the Louisiana Revised Statutes of 1950.

(h) "School" means any child daycare center regulated under Sections 43–20–1 through 43–20–21, any public or private school enrolling students in prekindergarten through grade twelve, including public charter schools, any institution under the management and supervision of the Board of Trustees of State Institutions of Higher Learning or the Mississippi Community College Board or any private college or university.

(i) "Sexually explicit material" shall have the same meaning as obscene material or performances under Section 97-29-103.

(3) Every owner or operator of a covered platform who contracts with a minor shall owe a duty of care to the minor. The duty of care shall require the covered platform to take the following reasonable measures in the operation of the covered platform:

(a) Prohibit an adult from connecting to a minor on a covered platform unless the initial connection is made by the minor.

(b) Prohibit an adult from sending private or direct messages to a minor on a covered platform by video, voice or messaging, unless the minor is connected to the adult on the covered platform.

(c) Prohibit a covered platform from disclosing or sharing the geolocation of a minor with any individual who is not the legal representative of the minor.

(d) Prohibit an adult from viewing the online profile or personal data of a minor on a covered platform unless the adult is connected to the minor on the covered platform.

(4) A covered platform shall notify the legal representative of a minor via text, voice or email within twenty-four (24) hours if any of the following occur:

(a) A minor makes a microtransaction on a covered platform.

(b) A minor is exposed to sexually explicit material on a covered platform.

(5) Notwithstanding the provisions of this section, the legal representative of a minor may opt out of the protections required in this section by providing express written consent to a covered platform.

(6) Any owner or operator of a covered platform who is found to have violated the provisions of this section shall be liable to an individual for damages, court costs and reasonable attorney's fees as ordered by the court.

SECTION 2. This act shall take effect and be in force from and after July 1, 2026.