Legislative efforts to protect minors online have reached a fever pitch at both the federal and state levels, with Congress and state legislatures advancing a broad array of youth safety measures for app stores, social media apps, AI chatbots, and more. Against that backdrop, the enactment of a state law that imposes heightened statutory damages and personal liability on the officers and employees of covered businesses marks a significant escalation that warrants close attention from companies operating online services accessible to minors.
On February 5, 2026, South Carolina Governor Henry McMaster signed H. 3431 into law, adding a new Chapter 80 to Title 39 of the South Carolina Code titled “Age-Appropriate Code Design” (“the Act”). The Act took effect immediately and imposes novel obligations on covered online services that conduct business in South Carolina and are reasonably likely to be accessed by minors.
