Idaho § 48-2104

§ 48-2104.

limitations and requirements for social media accounts for children.

(1)(a) A covered social media platform shall require applicants for an account to provide the applicant’s birth date as part of the account application process.

(b) A covered social media platform shall not create or maintain an account for a child or change the terms and conditions of an account for a child without first obtaining verifiable parental consent. Such consent must be sufficient for the formation of a binding contract with a minor under ordinary principles of contract law under the laws of this state. Information collected for the purpose of obtaining verifiable parental consent shall not be used for any purpose other than obtaining verifiable parental consent and shall be deleted immediately after an attempt to obtain verifiable parental consent, except to the extent necessary to comply with any other applicable state or federal law or regulation.

(2)(a) An account for a child shall have all privacy settings set by default at the most private levels. A covered social media platform may not change the privacy settings of an account for a child without first obtaining verifiable parental consent for such change for as long as the account holder remains a child.

(b) In the course of obtaining verifiable parental consent for the establishment or continuation of an account for a child, a covered social media platform shall prominently provide and explain an option for the parent to make such consent conditional on receipt of a separate password that enables the parent to:

(i) Monitor the amount of time the child spends using the covered social media platform;

(ii) Set daily and weekly time limits on the use of the covered social media platform; and

(iii) Set limits on the times of day when the covered social media platform can be accessed by the child.

(3) A covered social media platform shall not present addictive interface features in the display or feed of any child.

(4) A covered social media platform shall not present profile-based paid commercial advertising in the display or feed of any child.

(5) A covered social media platform has a continuing obligation to terminate an account if the covered social media platform concludes, or obtains information from which it reasonably should conclude, pursuant to its obligations under section 48-2103 , Idaho Code, that the account holder is a child, unless verifiable parental consent has been obtained for such account.

(6)(a) A covered social media platform shall terminate an account of a minor within seven (7) days after receipt of a request for termination from the account holder.

(b) A covered social media platform shall terminate the account of a minor within fourteen (14) days after receipt of a request for termination from a parent of the minor. Upon receipt of such a request, the covered social media platform shall verify that the requesting party is a parent of the account holder by whatever means of verification the covered social media platform uses for purposes of ascertaining the validity of verifiable parental consent.

(c) A covered social media platform shall provide clear, simple, and easy-to-locate means for the parent of any minor to request termination of such minor’s account.

(7)(a) If a covered social media platform determines that it must terminate an account because the account holder has been classified as a child and verifiable parental consent has not been obtained, the covered social media platform shall notify the account holder of its intent to terminate the account within seven (7) days of making that determination and shall provide the reason therefor.

(b) A covered social media platform shall provide thirty (30) days from the date of such notice for the account holder to dispute the age classification and complete an age verification process or to provide verifiable parental consent.

(c) If an account holder disputes classification as a child, the covered social media platform may rely on any commercially reasonable age verification process to resolve the dispute. The covered social media platform shall make a reasonable determination of such dispute within thirty (30) days of the completion of such age verification.

(d) After considering a dispute and the result of any age verification, if a covered social media platform determines that it is obligated to terminate an account, it shall terminate that account within seven (7) days of making such determination.

[48-2104, added 2026, ch. 268, sec. 1, p. 1131.]