Provides relative to the duty of care for online platforms that contract with minors

House Bill 427 amends the Kids Online Protection and Anti-Grooming Act by modifying the definitional framework and privacy requirements applicable to online platforms that contract with minors. The bill redefines "minor" to mean any person under the age of eighteen who is not emancipated, expanding the protected class from those under sixteen, and cross-references the definition in R.S. 9:2717.2 to incorporate that statute's parameters. The bill introduces a new definition of "material harmful to minors" by reference to R.S. 51:2121 and repeals the existing definition of "sexually explicit material." Regarding platform obligations, the bill consolidates and clarifies the duty of care requirement by mandating that covered platforms set minor accounts to private mode, permitting only users to whom the minor is connected on the platform to view or respond to content posted by the minor. The bill also modifies parental notification provisions to require notification when a minor is exposed to material harmful to minors rather than the narrower category of sexually explicit material, and it repeals the July 1, 2026, effective date that was previously imposed on the Kids Online Protection and Anti-Grooming Act.

Owners and operators of covered online platforms, including social media services, social networks, and virtual reality environments that contract with minors, will be directly affected by these expanded obligations. Minor users between sixteen and seventeen years of age gain new statutory protections under the expanded age threshold, and their legal representatives acquire broader notification rights regarding exposure to harmful material. Online platforms must implement mandatory private account settings for all minor accounts without exception, eliminating any discretionary element in default privacy configurations. Platforms that fail to comply with the duty of care standard may face legal liability to minors or their representatives, though the statute does not explicitly specify remedies or civil action mechanisms. Parental oversight and engagement are enhanced through the requirement that platforms offer multiple notification channels including text, voice, email, linked parental accounts, or the platform's parental control interface.

This legislation operates within Louisiana's existing statutory framework governing contracts and consumer protection related to minors and online services. The bill incorporates definitions from R.S. 51:2121, which governs material harmful to minors in a separate regulatory context, and R.S. 9:2717.2, which establishes foundational definitions for minor protections. The duty of care standard imposed on covered platforms reflects general contract and tort principles applicable under Louisiana civil law, requiring platforms to take reasonable measures to protect the interests of minors with whom they contract. The bill eliminates the sunset provision that would have terminated the Kids Online Protection and Anti-Grooming Act on July 1, 2026, making the statute permanent law. The effective date provisions in Section 3 establish that the bill becomes effective upon gubernatorial signature or the expiration of the gubernatorial consideration period, ensuring immediate operation without delay.