House File 2546 - Introduced HOUSE FILE 2546 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO HF 2114) A BILL FOR An Act relating to minors using the internet, including 1 social media and internet safety instruction and education 2 requirements in public schools and liability for publication 3 of obscene material available to minors on the internet. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 5441HV (3) 90 cm/jh

H.F. 2546 DIVISION I 1 SOCIAL MEDIA AND INTERNET SAFETY EDUCATION 2 Section 1. Section 256.11, Code 2024, is amended by adding 3 the following new subsection: 4 NEW SUBSECTION . 5B. a. For purpose of this subsection, 5 “social media” means a form of interactive electronic 6 communication through an internet website or application by 7 which a user creates a service-specific identifying user 8 profile to connect with other users of the internet website 9 or application for the purpose of communicating and sharing 10 information, ideas, news, stories, opinions, images, videos, 11 and other content. 12 b. (1) The department shall prepare and offer a curriculum, 13 including instructional materials, for the instruction 14 of social media safety for students in grades six through 15 twelve. Such instructional materials must be published on the 16 department’s and each school district’s internet sites. Each 17 school district must notify parents or guardians that such 18 instructional materials are available on the department’s and 19 each school district’s internet sites. 20 (2) The department shall periodically update the 21 department’s curriculum to reflect changes in social media use, 22 emergent technologies, and new threats to students using social 23 media platforms. 24 c. (1) The social media instruction must include but need 25 not be limited to all of the following: 26 (a) Time management and healthy behaviors on social media. 27 (b) The negative effects of social media on mental health, 28 including addiction. 29 (c) The distribution of information on social media. 30 (d) How social media manipulates behavior. 31 (e) The permanency of sharing materials online. 32 (f) How to maintain personal security and identify 33 cyberbullying, predatory behavior, and human trafficking on the 34 internet. 35 -1- LSB 5441HV (3) 90 cm/jh 1/ 5

H.F. 2546 (g) How to report suspicious behavior encountered on the 1 internet to appropriate authorities. 2 (2) The social media safety instruction must include 3 how to safely use social media, including but not limited 4 to maintaining personal security, preventing oversharing of 5 personal information, identifying predatory behavior, and 6 reporting suspicious behavior. 7 (3) The social media safety instruction may include the 8 benefits of social media use. Such instruction may only 9 include career and resume building for future academic or 10 employment opportunities, sharing information with familiar 11 family and friends, and safely connecting with other users with 12 like interests. 13 (4) Parents or guardians of a child shall be given the 14 ability to opt the child out of such instruction. 15 d. (1) The department and school districts shall prohibit 16 student access to social media platforms through the use 17 of internet access provided by the school district, except 18 when expressly directed by a teacher solely for educational 19 purposes. 20 (2) The department and school districts shall provide and 21 adopt an internet safety policy for student access to the 22 internet provided by the school district which does all of the 23 following: 24 (a) Limits access by students to only age-appropriate 25 subject matter and materials on the internet. 26 (b) Protects the safety and security of students when 27 using electronic mail, chat rooms, and other forms of direct 28 electronic communications. 29 (c) Prohibits access by students to data or information, 30 including hacking, and other unlawful online activities by 31 students. 32 (d) Prevents access to internet sites, web applications, or 33 software that does not protect against the disclosure, use, or 34 dissemination of students’ personal information. 35 -2- LSB 5441HV (3) 90 cm/jh 2/ 5

H.F. 2546 e. The state board shall adopt rules to administer this 1 subsection. 2 f. This subsection shall not apply to nonpublic schools. 3 DIVISION II 4 DISTRIBUTION OF OBSCENE MATERIAL TO MINORS ON THE INTERNET 5 Sec. 2. NEW SECTION . 554H.1 Publication and distribution of 6 obscene material to minors on the internet. 7 1. For purposes of this chapter: 8 a. “Interactive computer service” means the same as that 9 term is defined in 47 U.S.C. §230. 10 b. “Obscene material” means the same as defined in section 11 728.1, subsection 5. 12 2. Any commercial entity that knowingly or intentionally 13 publishes or distributes obscene material to minors on the 14 internet from a website that contains a substantial portion of 15 such material shall verify that any person attempting to access 16 obscene material is not a minor through the use of any of the 17 following: 18 a. A commercially available database that is regularly used 19 by businesses or governmental entities for the purpose of age 20 and identity verification. 21 b. Another commercially reasonable method of age and 22 identity verification. 23 3. Any commercial entity that violates the provisions of 24 this section shall be subject to civil liability for damages 25 resulting from a minor’s access to obscene material and 26 reasonable attorney fees and costs. 27 4. This section shall not be construed to impose civil 28 liability on a provider or user of an interactive computer 29 service on the internet. 30 EXPLANATION 31 The inclusion of this explanation does not constitute agreement with 32 the explanation’s substance by the members of the general assembly. 33 This bill relates to minors using the internet, including 34 social media and internet safety instruction and education 35 -3- LSB 5441HV (3) 90 cm/jh 3/ 5

H.F. 2546 requirements in public schools and liability for publication of 1 obscene material available to minors on the internet. 2 DIVISION I —— SOCIAL MEDIA AND INTERNET SAFETY EDUCATION. 3 This division of the bill requires the department of education 4 to create and offer a curriculum for instruction on social 5 media safety for student in grades 6 through 12. The 6 curriculum must include but is not limited to: (1) time 7 management and healthy behaviors on social media, (2) education 8 on the negative effects on mental health social media can 9 produce, (3) the distribution of information on social media, 10 (4) how social media manipulates behavior, (5) the permanency 11 of sharing materials online, (6) how to maintain personal 12 security and identify cyberbullying, predatory behavior, and 13 human trafficking, and (7) how to report suspicious behavior. 14 The curriculum may also include the benefits of social media 15 use. Parents or guardians are allowed to opt a child out of 16 such curriculum. 17 The bill provides that the department and school districts 18 shall prohibit student access to social media platforms through 19 the use of internet access supplied by the school district, 20 except for educational purposes. 21 The bill requires the department and school district to 22 adopt an internet safety policy that does all of the following: 23 (1) limits access by students to only age-appropriate 24 materials, (2) protects the safety and security of students 25 when using forms of direct electronic communication, (3) 26 prohibits access by students to data or information, and 27 (4) prevents access to internet sites, web applications, or 28 software that does not protected against disclosure, use, or 29 dissemination of students’ personal information. 30 The division of the bill does not apply to nonpublic schools. 31 DIVISION II —— DISTRIBUTION OF OBSCENE MATERIAL TO 32 MINORS. This division of the bill creates civil liability for 33 commercial entities who publish or distribute material harmful 34 to minors on the internet. The bill provides any commercial 35 -4- LSB 5441HV (3) 90 cm/jh 4/ 5

H.F. 2546 entity that knowingly or intentionally publishes or distributes 1 obscene material to minors on the internet from a website 2 that contains a substantial portion of such material shall be 3 held civilly liable if the entity fails to perform reasonable 4 age verification methods to verify the age of individuals 5 attempting to access the material. Any commercial entity that 6 is found in violation shall be civilly liable to an individual 7 for damages resulting from a minor’s accessing the material, 8 including court costs and reasonable attorney fees as ordered 9 by the court. The bill does not impose civil liability on 10 a provider or user of an interactive computer service on the 11 internet. 12 -5- LSB 5441HV (3) 90 cm/jh 5/ 5