Enacts new GS Chapter 114B, “Social Media Protections for Minors Act” (Act), effective March 1, 2025. Defines account holder, daily active users, Department (Department of Justice), minor (person under 16 years of age), and resident. Defines social media platform or platform as an online forum, website, or application that satisfies the four listed criteria, including that it allows users to upload content or view the content or activity of other users, that it employs algorithms that analyze user data or information to select user content, and certain additive features and meets specified user criteria. Excludes an online service, website, or application where the exclusive function is email or direct messaging consisting of text, photographs, pictures, images, or videos shared only between the sender and the recipients, without displaying or posting publicly or to other users not specifically identified as the recipients by the sender from the definition of social media platform. 

Adds new GS 114B-2, outlining the following social media protections for minors. Requires social media platforms to bar minors under the age of 14 from those platforms and to only allow minors aged 14 and 15 on such platforms with parental consent. Specifies that if a social media platform allows an account holder to use the platform, the parties have entered into a contract. 

For any account holders that are younger than 14, requires the platform to:

1. Terminate any account upon 30 days' notice to the minor account holder. Termination must be effective upon the expiration of the 30 days if the account holder fails to effectively dispute the termination.
2. Permanently delete all personal information held by the social media platform relating to the terminated account, unless there are legal requirements to maintain the information.

For any account holders that are aged 14 or 15, requires the platform to:

1. Terminate any account held by an account holder if the account holder's parent or guardian has not provided consent for the minor to create or maintain the account. The social media platform must provide 30 days for an account holder to dispute the termination.
2. Allow the parent or guardian of an account holder to request that the minor's account be terminated. Termination must be effective within 10 business days after the request.
3. Permanently delete all personal information held by the social media platform relating to the terminated account unless there are legal requirements to maintain the information.

Provides for civil enforcement against a platform in violation of the Act as an unfair trade practice by the Department. Allows the Department to impose a civil penalty of up to $50,000 per violation and reasonable attorneys’ fees and court costs. Allows for punitive damages if the platform’s failure to comply with the Act is a consistent pattern of knowing or reckless conduct. Provides for liability by the platform to the minor account holder for social media platforms that knowingly or recklessly violate the Act, including court costs, reasonable attorneys’ fees and up to $10,000 in damages. Provides for standing, personal jurisdiction, and statute of limitations. Specifies that the Act does not preclude any other available remedies at law or in equity. Gives the Department subpoena power in investigating violations of the Act. Provides processes for (1) a party to object to a subpoena issued by the Department; (2) out-of-State responses to a subpoena; and (3) enforcement of the subpoena by the Department in a court of law.  Provides for a $5,000 weekly penalty, reasonable attorneys’ fees and costs for any entity or person that fails to appear with the intent to avoid, evade, or prevent compliance in whole or in part with any investigation under the Act or who removes from any place, conceals, withholds, mutilates, alters, or destroys, or by any other means falsifies any documentary material in the possession, custody, or control of any entity or person subject to any such subpoena, or knowingly conceals any relevant information with the intent to avoid, evade, or prevent compliance. Requires that the clear proceeds of any civil penalties be remitted to the Civil Penalty and Forfeiture Fund. Allows the Department to adopt rules to implement the Act.

Adds new GS 114B-3, concerning age verification for online access to materials harmful to minors, as follows. Defines anonymous age verification, commercial entity, distribute, news-gathering organization, publish, age standard verification, and substantial portion.

Incorporates the definition of harmful to minors found in GS 14-190.13:

That quality of any material or performance that depicts sexually explicit nudity or sexual activity and that, taken as a whole, has the following characteristics:

• The average adult person applying contemporary community standards would find that the material or performance has a predominant tendency to appeal to a prurient interest of minors in sex; and
• The average adult person applying contemporary community standards would find that the depiction of sexually explicit nudity or sexual activity in the material or performance is patently offensive to prevailing standards in the adult community concerning what is suitable for minors; and
• The material or performance lacks serious literary, artistic, political, or scientific value for minors.

Adds that the term also includes any material that the average person applying contemporary community standards would find, taken as a whole, appeals to the prurient interest or depicts or describes, in a patently offensive way, sexual conduct and when taken as a whole, lacks serious literary, artistic, political, or scientific value for minors.

Directs a commercial entity that knowingly and intentionally publishes or distributes material harmful to minors on a website or application, if the website or application contains a substantial portion (more than 33.3%) of material harmful to minors, to use either anonymous age verification or standard age verification to verify that the age of a person attempting to access the material is 16 years of age or older and prevent access to the material by a person younger than 16 years of age. Requires the commercial entity to offer anonymous age verification and standard age verification. Specifies that a person attempting to access the material may select which method will be used to verify the person's age. Requires a commercial entity to ensure that the third party conducting anonymous age verification complies with four listed requirements, including not retaining personal identifying information used to verify age once the account holder’s/account applicant’s age has been verified. Deems violation of the section pertaining to age verification and third party age verification an unfair trade practice actionable solely by the Department on behalf of a resident minor against a commercial entity. Allows for a civil penalty of up to $50,000 per violation and reasonable attorneys' fees and court costs. Allows for punitive damages if the entity’s failure to comply with the Act is a consistent pattern of knowing or reckless conduct.

Clarifies that an internet service provider or its affiliates or subsidiaries, a search engine, or a cloud service provider does not violate GS 114B-2 solely for providing access or connection to or from a website or other information or content on the internet or a facility, system, or network not under the provider's control, including transmission, downloading, intermediate storage, or access software, to the extent the provider is not responsible for the creation of the content of the communication which constitutes material harmful to minors. Exempts bona fide news or public interest broadcast, website, video, report, or event and does not affect the rights of a news-gathering organization.  

Sets forth the General Assembly’s intent that the Act be liberally construed. Contains severability clause for the Act.