AN ACT enacting the north carolina children's safe screens act to protect children online, establishing the online safety division at the department of justice and the cyberbullying unit at the state bureau of investigation, creating the North Carolina Online Child Safety Commission, and appropriating funds for those purposes.

The General Assembly of North Carolina enacts:

establish online safety division under the attorney general

SECTION 1.  Online Safety Division. – Effective July 1, 2026, Chapter 114 of the General Statutes is amended by adding a new Article to read:

Article 11.

Online Safety Division.

§ 114‑75.  Division established; duties; funding.

(a)        There is hereby established in the Office of the Attorney General of North Carolina, the  Online Safety Division (Division). The Division includes the North Carolina Online Child Safety Commission (Commission) created in Chapter 114B of the General Statutes.

(b)        The attorneys and professional staff  assigned to this Division shall focus on online safety, with an emphasis on the protection of children online. The Division shall have the following duties:

(1)        Investigation of complaints made under, and enforcing compliance, with the Chapter 114B of the General Statute (Children's Safe Screens Act).

(2)        Educating law enforcement agencies and the general public about the online safety of all North Carolinians, with an emphasis targeting harmful activities and dark patterns.

(3)        Issuance of online safety standards and guidelines, and review of relevant industry codes pertaining to internet safety, age‑appropriate design, and compliance with the Children's Safe Screens Act.

(4)        Facilitating advisory panels on internet safety, including child development experts, technology specialists, parent representatives, community stakeholders, and industry representatives.

(c)        There is established in the Department of Justice a special fund to be known as the Children's Online Safety Fund (Fund). The Fund shall be administered by the Commission and used exclusively for prevention, education, and enforcement activities under Chapter 114B of the General Statutes. The Fund shall receive appropriations by the General Assembly and any gifts, grants, or donations accepted for that purpose. The Commission shall report annually to the General Assembly on Fund expenditures and outcomes.

enact north carolina children's Safe screens Act/create online safety commission

SECTION 2.(a)  Children's Online Safety. – Effective July 1, 2026, the General Statutes are amended to add a new Chapter to read:

Chapter 114B.

North Carolina Children's Safe Screens Act.

§ 114B‑1.  Definitions.

The following definitions apply in this Article:

(1)        Age‑appropriate design. – Design focused on developmental needs of children.

(2)        Child or minor. – An individual under eighteen (18) years of age.

(3)        Covered platform. – An internet platform providing online services having more than five million (5,000,000) users in North Carolina and revenues exceeding twenty‑five million dollars ($25,000,000) annually.

(4)        Dark patterns. – Design elements that deceive or coerce users into unintended actions, including hidden defaults, misleading interfaces, artificial urgency, autoplay of content, infinite scroll features, notification manipulation, and obstruction of account deletion or privacy controls.

(5)        Division. – The Online Safety Division of the North Carolina Department of Justice.

(6)        Harmful content. – Content that includes cyberbullying, self‑harm promotion, sexually explicit material, violent content, discrimination, and other physical or psychological harms.

(7)        Online service. – Social media, gaming platforms, messaging services, content‑sharing platforms, and other user‑interactive services provided by a covered platform.

§ 114B‑2.  Duty of care established; mandated protections for children; requirements for covered platforms.

(a)        It is the public policy of this State that its children are owed a duty of care with regard to their online activities in order to limit foreseeable harm and their exposure to dark patterns and harmful content on covered platforms. Further, the General Assembly endorses age‑appropriate design and strong parental controls as central to protecting children in online service environments.

(b)        Covered platforms shall require parental notification for accounts created by children and must offer robust, easy‑to‑use parental supervision tools such as filtering options, contact management, time limits and scheduling, purchase controls, and activity reporting.

(c)        It is unlawful for covered platforms to use dark patterns or deploy features known to be addictive or manipulative.

(d)       Covered platforms shall establish clear definitions of what constitutes cyberbullying and include provisions for direct reporting to the Division,  as well as provide intervention and support services for affected children, including mediation options where appropriate.

(e)        Each covered platform shall submit to the Online Safety Division an annual Child Impact Assessment for new and existing services on the platform. The assessment shall include documentation of potential risks to children and assessment of addiction and compulsive usage risks. The documentation supporting each annual assessment shall be retained for at least a three‑year period.

(f)        Covered platforms shall utilize the highest privacy settings by default for all users reasonably likely to be children and shall establish strict data minimization principles to include the following:

(1)        Limiting collection of personal data to what is necessary for the service.

(2)        Requiring deletion when no longer needed.

(3)        Prohibiting data use for commercial purposes unless strictly necessary.

(4)        Including Right to be Forgotten provisions empowering minors to request deletion of their data and content.

(5)        Prohibiting profiling and behavioral advertising targeting children.

(6)        Requiring child‑friendly privacy information and controls.

(7)        Mandating transparency about personal data use.

(8)        Establishing clear restrictions on geolocation data collection and use.

(9)        Data broker restrictions for children's information.

§ 114B‑3.  Enforcement.

(a)        Effective December 1, 2026, the Attorney General shall bring civil actions to enforce this Article. In any suit instituted by the Attorney General, in which the defendant is found to have violated this Chapter and the acts or practices which constituted the violation were, when committed, knowingly violative of a statute, the court may, in its discretion, impose a civil penalty against the defendant of up to five hundred thousand dollars ($500,000) for each violation. Civil penalties may be imposed in a new action or by motion in an earlier action, whether or not such earlier action has been concluded. In determining the amount of the civil penalty, the court shall consider all relevant circumstances, including, but not limited to, the extent of the harm caused by the conduct constituting a violation, the nature and persistence of such conduct, the length of time over which the conduct occurred, the assets, liabilities, and net worth of the defendant, and any corrective action taken by the defendant. The clear proceeds of penalties so assessed shall be remitted to the Civil Penalty and Forfeiture Fund in accordance with G.S. 115C‑457.2.

(b)        This Chapter does not create a private right of action.

(c)        The Commission shall refer all matters requiring judicial enforcement to the Attorney General, whose authority to bring civil actions under this Chapter is exclusive. The Commission's authority to seek injunctive relief is limited to emergency interim relief pending Attorney General action.

§ 114B‑4.   Online Safety Commission established.

(a)        Commission. – The North Carolina Online Child Safety Commission (Online Safety Commission or Commission) is established as a regulatory body within the Department of Justice with oversight authority on matters relating to the safety and wellbeing of minors in digital environments. The Commission's primary mission shall be to protect North Carolina's children from online harms through research, education, regulation, enforcement, and ongoing adaptation to the evolving digital landscape. The Commission shall serve as the state's foremost authority on online child safety, advancing the digital wellbeing of minors while respecting fundamental rights. The Commission shall be guided by the best interests of the child, the recognition that digital safety is fundamental to childhood development, the understanding that technology must adapt to children's needs rather than the reverse, and the principle that powerful digital platforms must be held accountable for the safety of young users.

(b)        Members. – The Commission shall consist of nine (9) voting members appointed by the Governor and two (2) nonvoting ex officio members to include the Attorney General and the Superintendent of Public Instruction. The nine voting members shall have demonstrated expertise and commitment to child welfare, digital technology, mental health, education, or related fields relevant to children's online safety. The Commission membership shall include, at minimum:

(1)        One (1) member with expertise in child development and psychology

(2)        One (1) member with expertise in digital technology and data ethics

(3)        One (1) member representing parents or guardians

(4)        One (1) member with expertise in cybersecurity and privacy

(5)        One (1) member with expertise in education

(6)        One (1) member with legal expertise in child protection

(7)        One (1) youth advocate between the ages of 18 and 25.

Commission members shall serve four‑year staggered terms, with initial appointments varying in length to ensure continuity. The Commission shall elect a Chair and Vice‑Chair from among its members, serving two‑year terms. No member shall serve more than two consecutive terms.

The Commission shall be supported by a professional staff led by an Executive Director. The Commission shall maintain an investigative staff separate from its adjudicative functions. The Commission shall maintain specialized units for enforcement, education, research, and policy and shall employ technologists, child development experts, data analysts, and legal specialists. The Commission may establish advisory committees on specific issue areas.

 Every three years, the Commission shall (i) conduct a comprehensive review of its activities and impact, (ii) assess changing technological landscape and emerging challenges, (iii) revise strategic priorities and approaches as needed, and (iv) recommend statutory amendments to maintain effectiveness.

(c)        Expertise. – The Commission shall provide expert guidance to each of the following:

(1)        The Governor and General Assembly on matters relating to online child safety.

(2)        State agencies on implementation of digital safety programs.

(3)        Educational institutions on digital literacy and safety curricula.

(4)        Parents and caregivers on tools and strategies to protect children online.

(5)        Technology platforms on best practices for age appropriate design.

(d)       Powers and Duties. –  Further, the Commission shall have the following powers and duties:

(1)        Regulatory authority to adopt binding regulations concerning age verification, minor account data practices, default safety settings, complaint procedures, and platform transparency disclosures. This authority includes  adopting rules  for device‑level and platform level age assurance as alternatives to site‑by‑site verification.

(2)        The authority to issue binding regulations implementing subdivision (1) of this subsection when it first finds, on the basis of substantial evidence in the record, all of the following:

a.         The regulation addresses specific harm to minors expressly identified in this act;

b.         The regulated platform conduct materially contributes to that harm; and

c.         The regulation is no broader than necessary to address that harm and

does not govern the selection, ranking, or curation of content.

(3)        To initiate investigations into potential violations.

(4)        To issue orders requiring compliance with this Chapter.

(5)        To seek injunctive relief through the courts when necessary to prevent harm to children.

(6)        Maintain a database of safety incidents, platform responses, and outcomes.

(7)        Develop and oversee the following:

a.         Public awareness campaigns on online child safety.

b.         Resource development for schools, parents, and children.

c.         Training programs for educators and other professionals.

d.         Digital literacy standards for K‑12 education.

(8)        Conduct or commission research on emerging online risks to children, collect and analyze data on the prevalence and impact of online harms, monitor global developments in online safety regulation, and evaluate the effectiveness of interventions and regulations.

(9)        Establish accessible mechanisms for receiving complaints about online harm to children, create specialized response protocols for different categories of harm, oversee platform compliance with complaint response requirements and intervene directly in serious cases where platforms fail to act appropriately.

(10)      Provide support resources for affected children and families.

(e)        In addition, the Commission shall:

(1)        Coordinate with relevant State agencies including the Department of Health and Human Services and Department of Public Instruction.

(2)        Collaborate with federal authorities including the Federal Trade Commission and Department of Justice.

(3)        Engage with international counterparts to develop consistent approaches to digital safety.

(4)        Partner with academic institutions, non‑profit organizations, and other stakeholders dedicated to child safety.

(f)        Annual Report. – The Commission shall prepare and publish an annual State of Children's Online Safety in North Carolina report that:

(1)        Assesses current online risks facing North Carolina's children.

(2)        Analyzes trends in online harms and platform responses.

(3)        Evaluates platform compliance with this act and related regulations.

(4)        Identifies emerging threats and technologies of concern.

(5)        Measures progress in addressing previously identified issues.

(6)        Provides data‑driven insights on the digital experiences of children by age group.

(g)        Compliance Reviews. – The Commission shall conduct annual compliance reviews of covered platforms that:

(1)        Evaluate implementation of required safety measures.

(2)        Assess the effectiveness of age verification systems.

(3)        Review Child Impact Assessments and safety documentation.

(4)        Analyze complaint handling and response times.

(5)        Examine algorithmic systems for compliance with safety standards.

(6)        Identify best practices and areas requiring improvement.

(7)        Result in public compliance ratings for each major platform.

(h)        Legislative Recommendations. – The Commission shall submit annual recommendations to the General Assembly that:

(1)        Identify necessary amendments to this act based on technological developments.

(2)        Propose new legislative measures to address emerging concerns.

(3)        Suggest improvements to enforcement mechanisms.

(4)        Recommend funding priorities for child online safety initiatives.

(5)        Identify areas where federal action or coordination is needed.

(i)         Public Hearings and Testimony. – The Commission shall:

(1)        Hold at least four public hearings annually across different regions of the State.

(2)        Receive testimony from children, parents, educators, platforms, and experts.

(3)        Conduct specialized hearings on emerging issues of concern.

(4)        Ensure diverse perspectives are represented in deliberations.

(5)        Make hearing records publicly available.

(j)         Industry Engagement. – The Commission shall:

(1)        Convene an annual Industry Safety Summit with platform representatives.

(2)        Facilitate regular working groups on specific safety challenges.

(3)        Review and approve updates to industry codes of practice.

(4)        Evaluate voluntary safety initiatives.

(5)        Promote adoption of safety innovations across the industry.

(k)        Transparency. – The Commission shall publish annual transparency reports detailing:

(1)        Enforcement actions taken and their outcomes.

(2)        Complaints received and resolved.

(3)        Penalties assessed and collected.

(4)        Allocation and impact of Children's Online Safety Fund expenditures.

(5)        Commission activities, investigations, and initiatives.

(6)        Metrics for measuring the effectiveness of the Act's implementation.

(l)         Audit of Educational Programs. – The Commission shall annually audit and evaluate:

(1)        Digital literacy programs in North Carolina schools.

(2)        Parent education initiatives.

(3)        Professional development for educators and youth workers.

(4)        Public awareness campaign effectiveness.

(5)        Resource allocation and accessibility across communities.

(m)       Research Agenda Development. – The Commission shall:

(1)        Establish annual research priorities based on identified gaps.

(2)        Commission or conduct studies on priority areas.

(3)        Award research grants from the Children's Online Safety Fund.

(4)        Publish findings and recommendations based on research.

(5)        Ensure research informs regulatory and educational approaches.

(n)        Funding Mechanisms. – The Commission shall:

(1)        Receive an annual appropriation from the General Assembly.

(2)        Administer the Children's Online Safety Fund.

(3)        Report annually on budget allocation and performance metrics.

(o)        Technological Capabilities. – The Commission shall:

(1)        Maintain technical testing facilities to evaluate platform compliance.

(2)        Develop data analysis capabilities to identify patterns of harm.

(3)        Employ experts capable of evaluating platform algorithms and safety systems.

(4)        Keep pace with emerging technologies that may pose risks to children.

(p)        Ethical Frameworks. – The Commission shall:

(1)        Establish clear ethical guidelines for its work.

(2)        Ensure privacy protection in research and investigations.

(3)        Develop age‑appropriate methods for involving children in policy development.

(4)        Balance safety imperatives with other rights and considerations.

(q)        Accountability Mechanisms. – The Commission shall:

(1)        Maintain transparent decision‑making processes.

(2)        Publish the basis for regulatory determinations.

(3)        Establish clear metrics for measuring its own effectiveness.

(4)        Undergo periodic independent evaluation.

§ 114B‑5.  Construction; severability.

 (a)       This Article shall be liberally construed for the protection of minors and the general public. Nothing in this Article shall be construed to infringe on any rights protected by the North Carolina or U.S. Constitutions.

(b)        If any provision of this Article is held by a court of competent jurisdiction to be invalid, void, or unenforceable, in whole or in part, the decision shall not affect the validity, enforceability, or applicability of the remaining provisions, which shall remain in full force and effect as if the provision held invalid, void, or unenforceable had not been included.

implementation schedule/review

SECTION 3.(a)  Implementation timeline. --  By September 1, 2026, initial appointments to the Commission shall be made and the Commission shall convene its first meeting.

SECTION 3.(b) Initial Responsibilities. – Within the first year of operation, the Commission shall:

(1)        Hire key staff and establish organizational structure.

(2)        Develop initial regulations implementing this act.

(3)        Create complaint handling systems.

(4)        Establish public education programs.

(5)        Develop platform compliance guidelines.

(6)        Submit its first annual report to the General Assembly.

SECTION 3.(c)    Phased Implementation. – The Commission shall develop a phased implementation plan that:

(1)        Prioritizes addressing the most serious harm.

(2)        Accommodates different compliance timelines based on platform size.

(3)        Allows for industry adjustment to new requirements.

(4)        Includes benchmarks for measuring progress.

SECTION 3.(d)   Review and Adaptation. –Every three years, the Commission shall:

(1)        Conduct a comprehensive review of its activities and impact.

(2)        Assess changing technological landscape and emerging challenges.

(3)        Revise strategic priorities and approaches as needed.

(4)        Recommend statutory amendments to maintain effectiveness.

establish sbi cyberbullying unit

SECTION 4.  Effective July 1, 2026, Article 13A of Chapter 143B of the General Statutes is amended by adding a new section to read:

§ 143B‑1209.  Cyberbullying Unit established.

(a)        There is established in the State Bureau of Investigation the Cyberbullying Unit (Unit) dedicated to the protection of children online and to aid in the enforcement of Article 11 of Chapter 114 of the General Statutes.

(b)        In addition to any other duties assigned by law, the Unit shall operate a toll‑free number and website on online child safety and cyberbullying jointly with the Department of Justice.

appropriations

SECTION 5.(a)  Effective July 1, 2026, there is appropriated from the General Fund to the Department of Justice, Children's Online Safety Fund, the sum of six million dollars ($6,000,000) in recurring funds for the 2026‑2027 fiscal year to fund its work as provided by this act. These funds shall not revert at the end of the fiscal biennium.

SECTION 5.(b)  Effective July 1, 2026, there is appropriated from the General Fund to the Department of Justice, Children's Online Safety Fund, the sum of ten million dollars ($10,000,000) in non‑recurring funds for the 2026‑2027 fiscal year to fund its work as provided by this act. These funds shall not revert at the end of the fiscal biennium.

SECTION 5.(c)  Effective July 1, 2026, there is appropriated from the General Fund to the State Bureau of Investigation (SBI) the sum of two million dollars ($2,000,000) for the 2026‑2027 fiscal year to create the Cyberbullying Unit at the SBI. These funds shall not revert at the end of the fiscal biennium.

effective date

SECTION 6.  Except as otherwise provided, this act becomes effective July 1, 2026. The substantive requirements and prohibitions of Chapter 114B of the General Statutes, as enacted by Section 2 of this act, apply to acts or omissions occurring on or after December 1, 2026.