At a previous meeting, the Senate Judiciary Committee heard SB 11 on minor access and use of social media, authored by Sen. Bohacek. The bill:
- Requires a social media operator to restrict a minor user’s access to social media without first obtaining verifiable parental consent for the minor user.
- Defines a “minor user” as an individual who is less than 16 years of age.
- Establishes a civil cause of action to allow a parent or legal guardian of a minor user who accesses social media without verifiable parental consent to bring a suit against the social media operator.
- Allows any person to bring an action for injunctive relief against a social media operator if the social media operator fails to implement a verifiable parental consent method.
- Allows the attorney general to: (1) bring an action against a social media operator that fails to implement a verifiable parental consent method; and (2) issue a civil investigative demand if the attorney general has reasonable cause to believe that any person is engaged in a violation.
- Creates a civil cause of action if a minor user is subject to social media bullying.
The Indiana Catholic Conference testified in support of the bill and the America Civil Liberties Union of Indiana testified against the bill.
On January 15, 2025, the bill was heard for amend and vote. The committee amended the bill by a 11-0 vote to do the following:
- Amends the definition of social media and social media operator.
- Removes all private causes of action established in the bill.
- Specifies that a social media operator may not allow a minor user to create or access an account or profile to access social media.
- Requires that information collected and retained by a social media operator be encrypted.
- Provides a social media operator with a 90-day period to cure a violation.
- Adds a severability clause.
The amended bill passed 10-1.
Read the bill at: https://iga.in.gov/legislative/2025/bills/senate/11