HF 2546 (LSB 5441HV (3) 90)

HOUSE FILE 2546

BY  COMMITTEE ON JUDICIARY

(SUCCESSOR TO HF 2114)

A BILL FOR

An Act relating to minors using the internet, including social media and internet safety instruction and education requirements in public schools and liability for publication of obscene material available to minors on the internet.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

DIVISION I
SOCIAL MEDIA AND INTERNET SAFETY EDUCATION

    Section 1.  Section 256.11, Code 2024, is amended by adding the following new subsection:
   NEW SUBSECTION.  5B.  a.  For purpose of this subsection, “social media” means a form of interactive electronic communication through an internet website or application by which a user creates a service-specific identifying user profile to connect with other users of the internet website or application for the purpose of communicating and sharing information, ideas, news, stories, opinions, images, videos, and other content.
   b.  (1)  The department shall prepare and offer a curriculum, including instructional materials, for the instruction of social media safety for students in grades six through twelve. Such instructional materials must be published on the department’s and each school district’s internet sites. Each school district must notify parents or guardians that such instructional materials are available on the department’s and each school district’s internet sites.
   (2)  The department shall periodically update the department’s curriculum to reflect changes in social media use, emergent technologies, and new threats to students using social media platforms.
   c.  (1)  The social media instruction must include but need not be limited to all of the following:
   (a)  Time management and healthy behaviors on social media.
   (b)  The negative effects of social media on mental health, including addiction.
   (c)  The distribution of information on social media.
   (d)  How social media manipulates behavior.
   (e)  The permanency of sharing materials online.
   (f)  How to maintain personal security and identify cyberbullying, predatory behavior, and human trafficking on the internet.
   (g)  How to report suspicious behavior encountered on the internet to appropriate authorities.
   (2)  The social media safety instruction must include how to safely use social media, including but not limited to maintaining personal security, preventing oversharing of personal information, identifying predatory behavior, and reporting suspicious behavior.
   (3)  The social media safety instruction may include the benefits of social media use. Such instruction may only include career and resume building for future academic or employment opportunities, sharing information with familiar family and friends, and safely connecting with other users with like interests.
   (4)  Parents or guardians of a child shall be given the ability to opt the child out of such instruction.
   d.  (1)  The department and school districts shall prohibit student access to social media platforms through the use of internet access provided by the school district, except when expressly directed by a teacher solely for educational purposes.
   (2)  The department and school districts shall provide and adopt an internet safety policy for student access to the internet provided by the school district which does all of the following:
   (a)  Limits access by students to only age-appropriate subject matter and materials on the internet.
   (b)  Protects the safety and security of students when using electronic mail, chat rooms, and other forms of direct electronic communications.
   (c)  Prohibits access by students to data or information, including hacking, and other unlawful online activities by students.
   (d)  Prevents access to internet sites, web applications, or software that does not protect against the disclosure, use, or dissemination of students’ personal information.
   e.  The state board shall adopt rules to administer this subsection.
   f.  This subsection shall not apply to nonpublic schools.
DIVISION II
DISTRIBUTION OF OBSCENE MATERIAL TO MINORS ON THE INTERNET

    Sec. 2.  NEW SECTION.  554H.1  Publication and distribution of obscene material to minors on the internet.
   1.  For purposes of this chapter:
   a.  “Interactive computer service” means the same as that term is defined in 47 U.S.C. §230.
   b.  “Obscene material” means the same as defined in section 728.1, subsection 5.
   2.  Any commercial entity that knowingly or intentionally publishes or distributes obscene material to minors on the internet from a website that contains a substantial portion of such material shall verify that any person attempting to access obscene material is not a minor through the use of any of the following:
   a.  A commercially available database that is regularly used by businesses or governmental entities for the purpose of age and identity verification.
   b.  Another commercially reasonable method of age and identity verification.
   3.  Any commercial entity that violates the provisions of this section shall be subject to civil liability for damages resulting from a minor’s access to obscene material and reasonable attorney fees and costs.
   4.  This section shall not be construed to impose civil liability on a provider or user of an interactive computer service on the internet.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to minors using the internet, including social media and internet safety instruction and education requirements in public schools and liability for publication of obscene material available to minors on the internet.
   DIVISION I —— SOCIAL MEDIA AND INTERNET SAFETY EDUCATION.  This division of the bill requires the department of education to create and offer a curriculum for instruction on social media safety for student in grades 6 through 12. The curriculum must include but is not limited to: (1) time management and healthy behaviors on social media, (2) education on the negative effects on mental health social media can produce, (3) the distribution of information on social media, (4) how social media manipulates behavior, (5) the permanency of sharing materials online, (6) how to maintain personal security and identify cyberbullying, predatory behavior, and human trafficking, and (7) how to report suspicious behavior. The curriculum may also include the benefits of social media use. Parents or guardians are allowed to opt a child out of such curriculum. 
   The bill provides that the department and school districts shall prohibit student access to social media platforms through the use of internet access supplied by the school district, except for educational purposes. 
   The bill requires the department and school district to adopt an internet safety policy that does all of the following: (1) limits access by students to only age-appropriate materials, (2) protects the safety and security of students when using forms of direct electronic communication, (3) prohibits access by students to data or information, and (4) prevents access to internet sites, web applications, or software that does not protected against disclosure, use, or dissemination of students’ personal information. 
   The division of the bill does not apply to nonpublic schools.
   DIVISION II —— DISTRIBUTION OF OBSCENE MATERIAL TO MINORS. This division of the bill creates civil liability for commercial entities who publish or distribute material harmful to minors on the internet. The bill provides any commercial entity that knowingly or intentionally publishes or distributes obscene material to minors on the internet from a website that contains a substantial portion of such material shall be held civilly liable if the entity fails to perform reasonable age verification methods to verify the age of individuals attempting to access the material. Any commercial entity that is found in violation shall be civilly liable to an individual for damages resulting from a minor’s accessing the material, including court costs and reasonable attorney fees as ordered by the court. The bill does not impose civil liability on a provider or user of an interactive computer service on the internet.