HB 5806 repeals Illinois state laws that imposed a fee on social media platforms. The bill amends the Business Corporation Act of 1983 to remove the specific provisions authorizing these charges. This change directly affects social media companies operating in Illinois by eliminating their obligation to pay this particular tax or fee.
Creates the Mental Health Warning for Social Media Act. Provides that the operator of a social media platform shall ensure that a clear and conspicuous mental health warning label that complies with specified requirements: (1) appears each time a user accesses the social media platform; and (2) remains visible until the user takes specified actions. Provides that the Department of Public Health shall develop guidelines establishing requirements for the warning labels. Provides that the operator of a social media platform shall display a clear and conspicuous pop-up notification at least once every 30 minutes that a user has actively used the platform that informs the user of specified information. Provides that a violation of any of the provisions of the Act is an unlawful practice under the Consumer Fraud and Deceptive Business Practices Act. Amends the Consumer Fraud and Deceptive Business Practices Act to make a conforming change.
Creates the Social Media Age Restriction Act. Provides that an operator of a social media platform shall take reasonable steps, including the implementation of an age assurance system, to prevent a child from creating or maintaining an account on the social media platform. Provides that an operator may enter into an agreement with application distribution services or device manufacturers to allow for user information to be shared for age assurance purposes. Provides that the provision does not apply to a parent or guardian who allows a child to use an account held by the parent or guardian. Sets forth provisions concerning a 30-day cure period and civil penalties. Provides that an operator shall have 180 days after the effective date of the Act to comply with the requirements of the Act. Effective immediately.
Creates the Sale of Pharmaceuticals on Social Media Act. Provides that, notwithstanding any other provision of law, no individual shall sell or advertise the sale of a pharmaceutical on social media unless the individual has completed a verification process with specified requirements. Defines terms.
Amends the Freedom of Information Act. Provides that, for purposes of the Act, "commercial purpose" includes any use or purpose that furthers the commercial, trade, or profit interests of the requester or the person on whose behalf a request is made. Provides that, for purposes of the Act, "news media" does not include Internet sites, social media channels, or other sites or applications that post law enforcement videos in exchange for compensation based on the number of views. Provides that a public body may charge up to $40 for each hour spent by personnel in searching for, retrieving, reviewing, redacting, and reproducing audio and video records except for the first 8 hours spent by personnel in searching for or retrieving a requested record. Amends the Law Enforcement Officer-Worn Body Camera Act. Provides that requests for a commercial purpose, as defined in the Freedom of Information Act, are not subject to provisions of the Act requiring the release of body-camera footage that has been flagged for specified reasons.
Amends the Criminal Code of 2012. Creates the offense of unlawful publication of criminal activity. Provides that a person commits the offense when he or she knowingly makes a video record or live video of a crime while the crime is being committed and transmits or uploads the video record or live video of the crime to a social media site. Provides that a person who commits unlawful publication of criminal activity shall be sentenced to the same penalty as the penalty for the crime being transmitted or uploaded to a social media site. Provides exceptions. Defines terms.
Creates the Online Age Verification for Material Harmful to Minors Act. Requires any commercial entity that knowingly or intentionally publishes or distributes material harmful to minors on the Internet from a website that contains a substantial portion of such material to verify that any person attempting to access such material is 18 years of age or older. Provides that verification must be done through the use of (i) a commercially available database that is regularly used by businesses or governmental entities for the purpose of age and identity verification or (ii) another commercially reasonable method of age and identity verification. Provides that any commercial entity that violates the Act shall be subject to civil liability for damages resulting from a minor's access to such material harmful to a minor and reasonable attorney's fees and costs. Exempts from liability providers or users of an interactive computer service on the Internet, as defined.
Amends the School Code. Provides that, no later than August 1, 2025, all school boards shall adopt a policy that: (1) prohibits a student from using personal wireless communication devices during instructional time; and (2) prevents student access to social media platforms through the use of Internet access provided by a school district. Allows a school board to prohibit student use of personal wireless communication devices during instructional time through any method it deems appropriate. Requires a school board to create exceptions to the policy for students to use wireless communication devices for certain reasons, and allows a school board to create other exceptions. Requires a school board to impose appropriate discipline or other sanctions against any student who violates these provisions. Requires a school district to post the policy publicly on its website. Allows the State Board of Education to adopt any rules that are necessary for the administration of the provisions. Effective immediately.
