SB2761

SECTION 1. The legislature finds that social media companies function by compelling their users to spend as much time as possible on their platforms. By generating revenue from advertising on their platforms, social media companies operate under a model that encourages optimization for users' time spent on the platform and resist any platform changes, including safety changes, that could decrease stay time because every minute spent on the platform increases profitability and the company's bottom line.

The legislature further finds that social media companies employ a variety of features described as "coercive design tactics", which foster psychological dependence and take advantage of the same dopamine-inducing strategies employed by the gambling industry to make the platform as addictive as possible and keep users returning and spending as much time as possible on the social media platform. These tactics are particularly harmful to children because children have minimal ability to self-regulate effectively and lack executive function to control their screen time.

The legislature notes that while profits and social media bases have soared, the impact on children in the State has been devastating, with the United States as a whole experiencing what the United States Surgeon General has called a "youth mental health crisis". Studies have found that social media use is associated with an increase in inattentiveness, one of the core symptoms of attention deficit hyperactivity disorder, even after accounting for other factors such as genetic risk for the disorder or family income.

The legislature also finds that some social media companies have implemented age verification systems and made other efforts to protect minor users. However, the legislature believes these actions to be inadequate. Reporters and non-profits have been able to create fake accounts that allow them to pass as children and children have no problem creating fake accounts that allow them to pass as adults.

The legislature further finds that other countries have taken action to address the shortfall of social media companies' self-regulation. For example, in 2024, Australia passed a law banning social media for children under the age of sixteen, which has resulted in the deletion of nearly five million accounts in the first month since the law went into effect. The legislature believes that similar legislation is necessary to protect the State's children from the dangers posed by social media use.

Accordingly, the purpose of this Act is to:

(1) Prohibit social media platforms from allowing individuals under sixteen years of age from creating or maintaining an account or profile if the social media platform knows that the individual is under sixteen years of age; and

(2) Require social media platforms to take certain actions to prevent individuals under sixteen years of age from creating or maintaining an account or profile on the social media platform.

SECTION 2. Chapter 481B, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows:

"§481B- Social media platforms; use by individuals under sixteen years of age prohibited. (a) A social media platform shall not allow an individual to create or maintain an account or profile if the social media platform knows that the individual is under sixteen years of age.

(b) A social media platform shall take reasonable steps to prevent individuals under sixteen years of age from creating or maintaining an account or profile on the social media platform, including but not limited to:

(1) Requiring individuals to input the individual's age when creating an account; and

(2) Terminating any account or profile of a user who the social media platform knows is under sixteen years of age.

(d) As used in this section, "social media platform" means a public website, online service, online application, or mobile application with the primary purpose of socialization where users can directly communicate with each other, share images or videos with the public, and that may use algorithms to steer certain content toward certain audiences. "Social media platform" does not include a platform with the primary purpose of:

(1) Business transactions;

(2) Selling merchandise;

(3) Video games and gaming;

(4) Videoconferencing services;

(5) Crowd-sourced reference guides;

(6) Cloud-storage or file storage; or

(7) Educational material."

SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 4. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

Report Title:

Social Media Platforms; Individuals Under Sixteen Years of Age; Prohibition; Unfair or Deceptive Practices

Description:

Prohibits social media platforms from allowing individuals under sixteen years of age from creating or maintaining an account or profile if the social media platform knows that the individual is under sixteen years of age. Requires social media platforms to take certain actions to prevent individuals under sixteen years of age from creating or maintaining an account or profile on the social media platform.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

THE SENATE	S.B. NO.	2761
THIRTY-THIRD LEGISLATURE, 2026
STATE OF HAWAII