Indiana § 24-16-4-1 - Requirements to make reasonable efforts to determine age of account holder; determination account holder considered or not considered adolescent

§ 24-16-4-1. Requirements to make reasonable efforts to determine age of account holder; determination account holder considered or not considered adolescent

Effective 1-1-2027.

Sec. 1. (a) Beginning January 1, 2027, not later than fourteen (14) days after the first date on which an Indiana account holder has spent at least twenty-five (25) hours in a single six (6) month period using a social media provider's social media platform, the social media provider shall:

(1) make reasonable efforts; and

(2) use reasonable means, taking into consideration the technology and data available to the social media provider;

to determine the age of the Indiana account holder.

(b) Subject to subsection (d):

(1) if a social media provider knows or has reason to know that an Indiana account holder is sixteen (16) years of age or older, the social media provider may consider the Indiana account holder to not be an adolescent for purposes of this article; and

(2) if the social media provider knows or has reason to know that the Indiana account holder is not sixteen (16) years of age or older, the social media provider shall consider the Indiana account holder to be an adolescent for purposes of this article.

(c) Not later than fourteen (14) days after the first date on which an Indiana account holder has spent at least fifty (50) hours in a single six (6) month period using a social media provider's social media platform, the social media provider shall determine the age of the Indiana account holder as described under subsection (a) for the purpose of verifying the social media provider's determination of the Indiana account holder's age under subsection (a).

(d) Subject to subsection (f):

(1) if a social media provider knows or has reason to know that an Indiana account holder is sixteen (16) years of age or older, the social media provider may continue to consider the Indiana account holder to not be an adolescent for purposes of this article; and

(2) if the social media provider knows or has reason to know that the Indiana account holder is not sixteen (16) years of age or older, the social media provider shall consider the Indiana account holder to be an adolescent for purposes of this article.

(e) Subject to subsection (g), a social media provider shall determine the age of an Indiana account holder with the social media provider's social media platform as described under subsection (a) for the purpose of verifying the social media provider's most recent determination of the Indiana account holder's age:

(1) when the Indiana account holder has spent an additional one hundred (100) hours using the social media platform following the date on which the social media provider determines the Indiana account holder's age under subsection (c) and each time the Indiana account holder spends an additional one hundred (100) hours using the social media platform thereafter; and

(2) each time the social media provider collects demographic information of any kind regarding the Indiana account holder.

(f) Subject to subsection (g):

(1) if a social media provider knows or has reason to know that an Indiana account holder is sixteen (16) years of age or older, the social media provider may continue to consider the Indiana account holder to not be an adolescent for purposes of this article; and

(2) if the social media provider knows or has reason to know that the Indiana account holder is not sixteen (16) years of age or older, the social media provider shall consider the Indiana account holder to be an adolescent for purposes of this article.

(g) Once an Indiana account holder has held an account with a social media provider's social media platform continuously for ten (10) consecutive years, the social media provider may, for purposes of the requirements to be met by a social media provider under this article, consider the Indiana account holder to not be an adolescent without determining the age of the Indiana account holder under this section.

As added by P.L.100-2026, SEC.14.