On March 1, 2024, House Bill 577 for an Act prohibiting social media companies from collecting data to use for targeted advertising to minors was introduced to the Louisiana House of Representatives, and thereafter referred, on March 11, 2024, to the Committee on Commerce.

Definitions

The bill defines a 'social media platform' as an internet site or application that is open to the public, allows a user to create an account, and enables users to communicate with other users for the primary purpose of posting information, comments, messages, or images. This does not include:

• an internet service provider;
• email; or
• an online service, application, or internet site that consists primarily of news, sports, entertainment, or other information or content preselected by the provider that is not user-generated and where interactive functionality is incidental to, directly related to, or dependent on the provision of the content.

'Targeted advertising' is considered as displaying an advertisement to a consumer where the advertisement is selected based on personal data obtained from the consumer's activities over time and across non-affiliated websites or online applications to predict the consumer's preferences or interests.

Prohibitions

In particular, the bill provides that any social media platform with more than one million account holders globally operating in Louisiana is prohibited from using personal data and social media algorithms for targeted advertising at an account holder who is under the age of 18 and who is located in Louisiana. Social media platforms with more than one million account holders globally that operate in Louisiana are also prohibited from selling the personal data of an account holder under the age of 18 located in Louisiana.

However, the bill clarifies that social media platforms are not prohibited from:

• allowing user-generated content to appear in a chronological manner for an account holder under 18;
• displaying user-generated content selected or followed by an account holder under 18 if the content appears in a chronological manner; and
• providing search results to an account holder under 18, if the search results are in response to a specific and immediately preceding query.

You can read the bill here and track its progress here.