Senate Bill 2706

AN ACT TO PROHIBIT SOCIAL MEDIA PLATFORMS FROM DISPLAYING MATERIAL THAT COULD EASILY INFLUENCE MINORS TO ENGAGE IN THE HARMFUL MISUSE OF TOBACCO OR NICOTINE PRODUCTS; TO NOTE THAT THE LEGISLATURE IS OPPOSED TO SOCIAL MEDIA CONTENT DEPICTING HARMFUL MISUSE OF TOBACCO OR NICOTINE PRODUCTS; TO NOTE THAT THE STATE OF MISSISSIPPI HAS AN INTEREST IN PROTECTING MINORS FROM SUCH CONTENT; TO DEFINE TERMS; TO REQUIRE OWNERS AND OPERATORS OF SOCIAL MEDIA PLATFORMS TO ENACT POLICIES WHICH ADDRESS AND RESPOND TO RISKS OF HARM TO MINORS INVOLVING TOBACCO AND NICOTINE PRODUCTS; TO REQUIRE OWNERS AND OPERATORS OF SOCIAL MEDIA PLATFORMS TO PROVIDE A MEANS FOR USERS TO REPORT CONTENT WHICH DEPICTS THE HARMFUL MISUSE OF TOBACCO OR NICOTINE PRODUCTS; TO REQUIRE SOCIAL MEDIA PLATFORMS TO CONSIDER CERTAIN ASPECTS OF CONTENT REPORTED ACCORDING TO THIS ACT; 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 harmful misuse of tobacco or nicotine products, which minors can easily imitate; and

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

SECTION 2. The purpose of this act is to deter minors from using or being influenced to use tobacco or nicotine products by preventing minors from witnessing the harmful misuse of tobacco or nicotine products on social media.

SECTION 3. As used in this act, the following words and phrases shall have the meanings ascribed herein 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 easily influence minors or be easily imitated by minors, and is harmful to one's health.

(b) "Minors" means individuals under the age of twenty-one (21), the legal age to purchase tobacco or nicotine products in Mississippi.

SECTION 4. 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 shall:

(a) Ensure content policies address and respond to risks harmful to minors 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; 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 harmful misuse or sale of tobacco or nicotine products occurring without age verification; and

(c) Implement procedures for evaluating and removing such harmful material. In deciding whether to remove tobacco or nicotine content, the website shall consider, but is not limited to considering, the following:

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

(ii) Whether individuals participating in the harmful misuse depicted, or any minors imitating the depiction, can be seriously 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; and

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

SECTION 5. This act shall take effect and be in force from and after July 1, 2024.