STAND. COM. REP. NO. 2927

Honolulu, Hawaii

RE: S.B. No. 2761

S.D. 2

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Sir:

Your Committees on Commerce and Consumer Protection and Judiciary, to which was referred S.B. No. 2761, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO SOCIAL MEDIA,"

beg leave to report as follows:

The purpose and intent of this measure 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.

Your Committees received testimony in opposition to this measure from the Computer and Communications Industry Association, TechNet, LGBT Tech, Meta, Foundation for Individual Rights and Expression, and four individuals.

Your Committees received comments on this measure from the Department of the Attorney General and Office of Consumer Protection of the Department of Commerce and Consumer Affairs.

Your Committees find that there is a correlation between social media use and negative impacts on the mental health and development of young people in the State. Many social media platforms employ curated algorithms and addictive features to maximize user engagement to generate profits. This measure would protect young people in the State from the coercive design practices of social media platforms.

Your Committees have amended this measure by:

(1) Inserting legislative findings that discuss the causal link between the risk of harm and social media use by individuals under the age of sixteen to further assert the strong government interest in protecting Hawaii's youth;

(2) Clarifying that any violation by a social media platform shall constitute an unfair or deceptive act or practice in the conduct of trade or commerce within the meaning of section 480-2, Hawaii Revised Statutes;

(3) Inserting language that clarifies the definition of "social media platform"; and

(4) Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

As affirmed by the records of votes of the members of your Committees on Commerce and Consumer Protection and Judiciary that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 2761, S.D. 1, as amended herein, and recommend that it pass Third Reading in the form attached hereto as S.B. No. 2761, S.D. 2.

Respectfully submitted on behalf of the members of the Committees on Commerce and Consumer Protection and Judiciary,

________________________________ KARL RHOADS, Chair

________________________________ JARRETT KEOHOKALOLE, Chair