IC 24-16-4-2 — Notice account subject to termination due to noncompliance; contents; dispute determination; terminate account; verifiable parental consent
Chapter 4. Continuing Age Estimation
Section text
Effective 1-1-2027. Sec. 2. (a) This section applies if: (1) a social media provider: (A) determines under section 1 of this chapter; or (B) receives information based on which the social media provider knows or has reason to know; that an Indiana account holder is an adolescent; and (2) the social media provider did not receive verifiable parental consent under IC 24-16-3-1 for creation of the account. (b) Not later than seven (7) days after the first date on which this section applies to the account of an Indiana account holder under subsection (a), the social media provider shall transmit to the Indiana account holder notice that the account is subject to termination due to the account's noncompliance with this article. The notice must include: (1) the requirement under this article with which the account is noncompliant; (2) notice that the Indiana account holder has thirty (30) days within which to dispute the social media provider's determination that the account is noncompliant; and (3) instructions regarding the means under subsection (c) by which the Indiana account holder may dispute the social media provider's determination that the account is noncompliant. (c) A social media provider that provides notice to an Indiana account holder under subsection (b) shall allow the Indiana account holder thirty (30) days after the transmission date of the notice to dispute the social media provider's determination through: (1) provision of verifiable parental consent from a parent or legal guardian of the Indiana account holder to the continuation of the account; or (2) any commercially reasonable method that relies on public or private transactional data to verify the age of the account holder. (d) If, not later than thirty (30) days after the transmission date of a notice transmitted to an Indiana account holder under subsection (b): (1) a parent or legal guardian of the Indiana account holder provides the social media provider with verifiable parental consent to the continuation of the account under subsection (c)(1); or (2) the Indiana account holder completes an age estimation process under subsection (c)(2) that results in a determination by the social media provider that the Indiana account holder is not an adolescent; the social media provider shall not terminate the account based on the social media provider's determination under subsection (a)(1)(A) or the information under subsection (a)(1)(B). (e) If, not later than thirty (30) days after the transmission date of a notice transmitted to an Indiana account holder under subsection (b): (1) a parent or legal guardian of the Indiana account holder does not provide the social media provider with verifiable parental consent to the continuation of the account under subsection (c)(1); or (2) the Indiana account holder does not complete an age estimation process under subsection (c)(2); the social media provider shall terminate the account at the conclusion of the thirty (30) day period. (f) If: (1) an Indiana account holder who receives a notice under subsection (b) completes an age estimation process under subsection (c)(2) not later than thirty (30) days after the transmission date of the notice; and (2) the age estimation results in a determination by the social media provider that the Indiana account holder is an adolescent; the social media provider shall terminate the account not later than seven (7) days after receiving the results of the age estimation. (g) A social media provider shall make a determination regarding the results of an Indiana account holder's age estimation under subsection (c)(2) not later than thirty (30) days after the date on which the Indiana account holder completes the age estimation process. (h) A social media provider that receives verifiable parental consent for the continuation of an account under this section shall provide the parent or legal guardian with the option to receive a separate password for the account as described under IC 24-16-3-2(d).
As added by P.L.100-2026, SEC.14.
Source: official publisher (2026 edition)