On April 8, 2024, House Bill 1126 for an act to create the 'Walker Montgomery Protecting Children Online Act' for the purpose of protecting minor children from online harmful material and access to such material, was passed as amended by the Mississippi State Senate. The bill was previously passed by the House of Representatives on March 12, 2024.

In particular, the bill defines concepts such as 'digital service,' digital service provider,' and 'personal identifying information.'

The bill applies to a digital service provider who provides a digital service that:

• connects users in a manner that allows users to socially interact with other users;
• allows a user to create a profile for purposes of signing into and using the digital service; and
• allows a user to create or post content that can be viewed by other users, including sharing content on a message board, a chat room, a landing page, a video channel, or a main feed that presents to a user content created and posted by other users.

Furthermore, the bill outlines that the digital service providers:

• must not create an account for a person unless it has verified and registered the person's age using commercially reasonable means;
• must not permit a minor to be an account holder without obtaining express consent from a parent or guardian;
• must limit the collection and use of personal identifying information of a minor;
• must not collect a minor's precise geolocation, display targeted advertising involving harmful material, or share, disclose, or sell personal information of a minor unless required as outlined in the bill; and
• must develop and implement a strategy to prevent minors' exposure to harmful material.

In case of violation of the bill by the digital service provider, the bill provides that the parent or guardian of the minor can seek a declaratory judgment or an injunction.

If enacted, the bill will come into effect from July 1, 2024.

You can read the bill, as passed by the House, here and track its progress here.

Update: April 12, 2024

Bill returned for concurrence from Senate

On April 11, 2024, the bill was returned for concurrence from the Senate.

You can read the bill here and track its progress here.

Update: April 15, 2024

House declines to concur with Senate bill amendments

On April 12, 2024, the House declined to concur with the Senate amendments to the bill. On the same day, the House invited the Senate to confer.

You can read the bill here and track its progress here.

Update: April 25, 2024

House and Senate adopt conference report

On April 24, 2024, the House and Senate adopted a conference report on the bill.

You can read the bill here and track its progress here.