Bill Text: IL HB5511 | 2025-2026 | 104th General Assembly | Enrolled

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Bill Title: Reinserts the provisions of Senate Amendment No. 1 with the following changes. Provides that, by July 1, 2028, a covered operator shall request from a covered manufacturer an age bracket signal for the primary user of an Internet-enabled device when the user downloads or launches a covered platform. Provides that, if the signal indicates that a user is under 18, then the covered operator shall treat the signal as an authoritative indicator of the user's age bracket and the covered operator shall be deemed to have actual knowledge that a user is a covered minor with respect to that specific device. Limits the use of information collected to determine a user's age bracket to specified purposes. Provides that a parent of a covered minor or a covered minor determined by a covered operator to be over the age of 16 may override the default privacy settings. Provides that a parent of a covered minor may override the default privacy settings for a covered minor under the age of 16. Provides that the Act does not apply to any entity whose primary purpose is news media and that has a majority of its workforce consisting of individuals engaging in news media. Provides for enforcement of the Act by the Attorney General. Defines terms. Removes amendatory changes to the Consumer Fraud and Deceptive Business Practices Act. Effective January 1, 2028.

Sponsorship: Moderate Partisan Bill (Democrat 28-4)

Status: (Passed) 2026-07-31 - Public Act . . . . . . . . . 104-0664 [HB5511 Detail]

Download: Illinois-2025-HB5511-Enrolled.html

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AN ACT concerning business.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the
Children's Online Social Media Safety Act.
Section 5. Definitions. As used in this Act:
"Account holder" means an individual who is at least 18
years of age or a parent or legal guardian of a user who is
under 18 years of age in this State. "Account holder" does not
include a parent or legal guardian of an emancipated minor or a
parent or legal guardian who is not associated with a user's
device.
"Addictive feed" means a website, online service, online
application, or mobile application, or a portion thereof, in
which multiple pieces of media generated or shared by users of
a website, online service, online application, or mobile
application, either concurrently or sequentially, are
recommended, selected, or prioritized for display to a user
based, in whole or in part, on information associated with the
user or the user's device, unless any of the following
conditions are met:
(1) the recommendation, prioritization, or selection
is based on information that is not persistently

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associated with the user's device and does not concern the
user's previous interactions with media generated or
shared by other users;
(2) the recommendation, prioritization, or selection
is based on data controlled by user-selected privacy or
accessibility settings or technical information concerning
the user's device;
(3) the user expressly and unambiguously requested the
specific media, media by the author, creator, or poster of
media the user has subscribed to, or media shared by users
to a page or group the user has subscribed to, provided
that the media is not recommended, selected, or
prioritized for display based, in whole or in part, on
other information that is not permissible under this
definition;
(4) the user expressly and unambiguously requested the
specific media by a specific author, creator, or poster of
media the user has subscribed to, or media shared by users
to a page or group the user has subscribed to as described
by paragraph (3), be blocked, prioritized, or
deprioritized for display, provided that the media is not
recommended, selected, or prioritized based, in whole or
in part, on other information associated with the user or
the user's device that is not permissible under this
definition;
(5) the media is direct and private communication

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between users;
(6) the media is recommended, selected, or prioritized
only in response to a specific search inquiry by the user;
(7) the media that is recommended, selected, or
prioritized for display is exclusively next in a
preexisting sequence from the same author, creator,
poster, or source; or
(8) the recommendation, prioritization, or selection
is necessary to comply with the provisions of this Act.
"Addictive social media platform" means a covered platform
that offers users or provides users with an addictive feed as a
part of the service provided by that website, online service,
online application, or mobile application.
"Age bracket" means a user's age range, including, but not
limited to, the following:
(1) whether a user is under 13 years of age;
(2) whether the user is at least 13 years of age and
under 16 years of age;
(3) whether the user is at least 16 years of age and
under 18 years of age; or
(4) whether the user is at least 18 years of age.
"Age bracket data" means non-personally identifiable data
derived from a user's birth date or age for the purpose of
sharing with covered operators that indicates the user's age
bracket. "Age bracket data" includes a range of ages but does
not indicate the exact age of the user.

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"Application" means a software application that may be run
or directed by a user on an Internet-enabled device.
"Application programming interface" means a system that
allows 2 or more software systems to communicate and exchange
information, features, and functionality.
"Application store" means a publicly available website,
software application, online service, or platform that
distributes and facilitates the download of applications from
third-party developers to users of an Internet-enabled device.
"Content" means user-to-user text, audio, or an image or
video upload.
"Covered manufacturer" means a manufacturer of an
Internet-enabled device, an operating system provider, or an
application store.
"Covered minor" means any user that a covered platform has
actual knowledge, or should have known, based on knowledge
fairly implied under objective circumstances, is under 18
years of age.
"Covered operator" means any person, business, or other
legal entity that owns, maintains, or controls:
(1) a covered platform; or
(2) an addictive social media platform.
"Covered platform" means a public or semipublic website,
online service, online application, or mobile application
that:
(1) is used by a covered minor in this State; and

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(2) is intended to connect and allow a user to
socially interact within the website, service, or
application and enables a user to:
(A) construct a public or semipublic profile for
the purposes of signing into and using the service or
application;
(B) populate a public list of other users with
whom the user shares a social connection within the
service or application; or
(C) create or post content that is viewable by
other users, including content on message boards and
in chat rooms, and that presents the user with content
generated by other users.
"Covered platform" does not include a public or semipublic
Internet-based service or application that:
(1) exclusively provides email or direct messaging
services; and
(2) is used by and under the direction of an
educational entity, including a learning management system
or a student engagement program.
"Covered user" means a user of a covered platform who is a
resident of this State.
"Direct messaging" means sending private one-on-one or
group messages to other users that are separate from public
posts.
"Distribute" means to issue, sell, give, provide, deliver,

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transfer, transmit, circulate, or disseminate by any means.
"Gifted currency" means a currency transfer between users
involving fiat currency or digital currency purchased with
fiat currency and used within a covered platform whether or
not it can be converted to money.
"Internet-enabled device" means a smartphone, tablet, or
personal laptop or desktop computer that provides cellular or
wireless connectivity, is capable of connecting to the
Internet, runs an operating system, and is capable of
downloading and running applications.
"Known adult" means any user that a covered platform has
actual knowledge, or should have known, based on knowledge
fairly implied under objective circumstances, is at least 18
years of age.
"News media" means personnel of a newspaper or other
periodical issued at regular intervals, whether in print or
electronic format, a news service, whether in print or
electronic format, a radio station, a television station, a
television network, a community antenna television service, or
a person or corporation engaged in making news reels or other
motion picture news for public showing.
"Operating system" means the system software that manages
the hardware of an Internet-enabled device and allows programs
and applications to run on the device.
"Operating system provider" means a commercial or
non-profit entity that controls the Internet-enabled device's

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operating system, including the design, programming, or supply
of operating systems for the Internet-enabled devices.
"Parent" means a parent or legal guardian.
"Precise geolocation information" means information
derived from technology, including, but not limited to, global
positioning system level latitude and longitude coordinates or
other mechanisms, that directly identifies the specific
location within a radius of 1,750 feet.
"Precise geolocation information" does not include the
content of communications.
"Processor" means a person that processes personal data on
behalf of a covered operator or another processor.
"Publish" means to communicate or make information
available to another person or entity on a publicly available
website, online service, online application, or mobile
application.
"Verifiable parental consent" has the meaning set forth in
the Children's Online Privacy Protection Act, 15 U.S.C.
6501(9), and its implementing regulations under 16 CFR 312.5.
Section 10. Age assurance requirements.
(a) No later than January 1, 2028, a covered manufacturer
that offers an account setup feature for an Internet-enabled
device shall:
(1) provide an accessible interface at account setup
that requires an account holder to indicate the birth

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date, age, or both, of the primary user of that device for
purposes of providing a signal regarding the primary
user's age bracket to covered operators;
(2) upon receiving separate prior consent of the user
to share the user's age bracket data with a specific
covered operator, provide the covered operator with the
technical ability to call a digital signal that contains
the user's age bracket data by a reasonably consistent
application programming interface; and
(3) send only the minimum amount of information
necessary to comply with this Act and not share the
digital signal information, or any information that
conveys the user's age bracket data, with a third party
for a purpose not required by this Act, except where
legally required.
For a device on which account setup was completed before
January 1, 2028, a covered manufacturer shall, before July 1,
2028, provide an accessible interface that allows an account
holder to indicate the birth date, age, or both, of the primary
user of that device for the purpose of providing a signal
regarding the primary user's age bracket to covered operators.
(b) By July 1, 2028, a covered operator shall request from
a covered manufacturer an age bracket signal for the primary
user of an Internet-enabled device when the user downloads or
launches a covered platform. If the signal indicates that a
user is under 18, then the covered operator shall treat the

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signal as an authoritative indicator of the user's age bracket
and the covered operator shall be deemed to have actual
knowledge that a user is a covered minor only with respect to
that specific device; provided, however, that a covered
operator shall not willfully disregard clear and convincing
information otherwise available to the covered operator that
indicates a user's age is different than that indicated by the
age bracket signal provided by a covered manufacturer.
(c) A covered operator that receives a signal in
accordance with this Section shall not:
(1) request more information from a covered
manufacturer than the minimum amount of information
necessary to determine the user's age bracket;
(2) request a signal from a covered manufacturer more
than once each year, unless in response to a request by the
user to update the person's age bracket;
(3) use any personal data of a user collected for age
assurance for any purpose except to comply with this Act
or to provide age-based settings and features; or
(4) disclose the age bracket data of a user to a third
party for a purpose not required by this Section.
(d) All digital signals transmitted in accordance with
this Section shall be encrypted to ensure data integrity and
security.
(e) A covered manufacturer that makes a good faith effort
to comply with this Section, taking into consideration

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available technology and reasonable technical limitations or
outages, shall not be liable for an erroneous signal
indicating a user's age bracket data or any conduct by a
covered operator that receives a signal indicating a user's
age bracket data.
(f) A covered manufacturer shall comply with this Act in a
nondiscriminatory manner, including, but not limited to, by
complying with the following:
(1) A covered manufacturer shall impose at least the
same restrictions and obligations on its own websites,
applications, and online services as it does on
third-party websites, applications, and online services.
(2) A covered manufacturer shall not use non-publicly
available data collected from a third party in the course
of compliance with this Act to compete against that third
party, give the covered manufacturer's services preference
relative to those of a third party, or to otherwise use
this non-publicly available data in a manner unavailable
to that third party.
(g) This Section does not impose liability on a covered
manufacturer or covered operator that arises from the use of a
device or application by a person who is not the user to whom a
signal pertains.
Section 15. Protections for covered minors.
(a) For all users that the covered operator has determined

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to be a covered minor, the covered operator shall use the
following settings by default:
(1) The covered operator shall not display the
existence of the covered minor's account on a covered
platform to any known adult user unless the covered minor
has expressly and unambiguously allowed a specific known
adult user to view the covered minor's account or has
expressly and unambiguously chosen to make the covered
minor's account's existence public.
(2) The covered operator shall not display media
created or posted by the covered minor on a covered
platform to any known adult user unless the covered minor
has expressly and unambiguously allowed a specific known
adult user to view the covered minor's media or has
expressly and unambiguously chosen to make the covered
minor's media publicly available.
(3) The covered operator shall not permit any known
adult user to like, comment on, or otherwise provide
feedback on the covered minor's media on a covered
platform unless the covered minor has expressly and
unambiguously allowed a specific known adult user to do
so.
(4) The covered operator shall not permit direct
messaging on a covered platform between the covered minor
and any known adult user unless the covered minor has
expressly and unambiguously decided to allow direct

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messaging with a specific known adult user.
(5) The precise geolocation information of the minor
shall not be shared with any user unless the minor has
expressly and unambiguously chosen to share the covered
minor's location with the specific user.
(6) No user may receive or send gifted currency to the
minor unless the user is already connected to the covered
minor.
(7) The covered operator shall disable search engine
indexing of the covered minor's account profile.
(b) A parent of a covered minor or a covered minor
determined by a covered operator to be over the age of 16 may
override the default privacy settings described in subsection
(a). A parent of a covered minor may override the default
privacy settings described in subsection (a) for a covered
minor under the age of 16. A covered operator shall not provide
a covered minor with a single setting that makes all the
default privacy settings less protective at once. A covered
operator shall not request or prompt a covered minor to make
the covered minor's privacy settings less protective unless
the change is strictly necessary for the covered minor to
access a service or feature that they expressly and
unambiguously requested.
(c) For all users that the covered operator has determined
to be a covered minor, the covered operator shall provide a
mechanism that enables a parent to set a monthly limit on all

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gifted currency related to the covered minor's account. The
covered operator shall establish a mechanism by which a parent
of a covered minor may easily view a history of all gifted
currency related to the covered minor's account at any time.
(d) It shall be unlawful for a covered operator under this
Section to, between the hours of 10 p.m. and 7 a.m., send
notifications to a covered minor unless:
(1) the covered operator has obtained verifiable
parental consent to send notifications during the time
restricted under this subsection; or
(2) the notification contemporaneously notifies the
covered user of a direct message received from another
user of the covered platform.
(e) It shall be unlawful for a covered operator of an
addictive social media platform to provide an addictive feed
to a covered minor unless the covered operator of the
addictive social media platform has obtained verifiable
parental consent to provide an addictive feed to a covered
minor.
(f) It shall be unlawful for a covered operator of an
addictive social media platform to enable the automatic
playing of media to a covered minor by default.
(g) A covered operator of an addictive social media
platform may choose not to provide services to minors. A
covered operator of an addictive social media platform shall
not withhold, degrade, lower the quality, or increase the

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price of any product, service, or feature, other than as
necessary for compliance with the provisions of this Act, to a
covered user solely because the covered operator of the
addictive social media platform is not permitted to provide an
addictive feed to the covered user under this Act.
(h) All information collected for the purpose of obtaining
verifiable parental consent required under this Section shall
not be used for any purpose other than obtaining verifiable
parental consent and shall be deleted within a reasonable
period after an attempt to obtain verifiable parental consent,
except where it is necessary for the compliance with any
applicable provisions of State or federal law.
(i) Nothing in this Section shall be construed as
requiring a covered operator to give a parent who grants
verifiable parental consent any additional or special access
to or control over the data or accounts of the parent's child.
(j) Nothing in this Section shall be construed to prohibit
a covered operator from instituting a privacy setting for
covered minors or other users that is more protective than
that required by this Section.
(k) Nothing in this Section shall be construed as
requiring a covered operator to remove any user-generated
content or preventing access to information regarding sex,
sexuality, gender, and reproductive health that is not already
prohibited by existing law.
(l) Nothing in this Section shall be construed as

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preventing any actions taken in good faith to restrict access
to or availability of any media.
Section 20. Application.
(a) A covered operator that complies with the provisions
of this Act shall not be held liable for any inaccuracies in
the covered user's age bracket data.
(b) A covered operator that receives a digital signal in
accordance with this Act may rely on that signal for purposes
of compliance with this Act and shall not be required to
independently verify the age of the user.
(c) A covered operator that reasonably relies on a digital
signal provided by a covered manufacturer shall not be liable
for an inaccurate age determination resulting from an
erroneous signal.
(d) Nothing in this Act shall be construed to prohibit a
covered operator from the ability to prevent, detect, protect
against, or respond to security incidents, identity theft,
fraud, harassment, malicious or deceptive activities, or any
illegal activity targeted at or involving the developer or its
services, preserve the integrity or security of systems, or
investigate, report, or prosecute those responsible for any
such action.
(e) This Act does not apply to any entity whose primary
purpose is news media and that has a majority of its workforce
consisting of individuals engaging in news media.

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(f) This Act does not apply to a broadband Internet access
service provider, including any affiliate or subsidiary of the
provider. This Act does not create a private right of action or
cause of action to enforce any violation or alleged violation
of its provisions against a broadband Internet access service
provider, including any affiliate or subsidiary of the
provider, when the violation is alleged to be committed by
another entity using the provider's service. As used in this
subsection, "broadband Internet access service provider" has
the meaning set forth in 47 CFR 8.1.
Section 25. Enforcement by the Attorney General.
(a) When it appears to the Attorney General that a person
has engaged in, is engaging in, or is about to engage in any
act declared to be unlawful by this Act, or when the Attorney
General believes it to be in the public interest that an
investigation should be made to ascertain whether a person in
fact has engaged in, is engaging in, or is about to engage in
any practice declared to be unlawful under this Act, the
Attorney General may:
(1) require that person to file, on the terms the
Attorney General prescribes, a statement or report in
writing, under oath or otherwise, as to all information as
the Attorney General may consider necessary;
(2) examine under oath any person in connection with
the conduct;

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(3) examine any merchandise or sample thereof, record,
book, document, account, or paper as the Attorney General
may consider necessary; and
(4) pursuant to an order of a circuit court, impound
any record, book, document, account, paper, or sample of
merchandise that is produced in accordance with this Act
and retain it in the Attorney General's possession until
the completion of all proceedings in connection with which
it is produced.
(b) To accomplish the objectives and to carry out the
duties prescribed by this Act, the Attorney General, in
addition to other powers conferred upon the Attorney General
by this Act, may issue subpoenas to any person, administer an
oath or affirmation to any person, conduct hearings in aid of
any investigation or inquiry, prescribe forms, and adopt rules
as may be necessary.
(c) Service by the Attorney General of any notice
requiring a person to file a statement or report, or of a
subpoena upon any person, shall be made:
(1) personally by delivery of a duly executed copy of
the subpoena to the person to be served, or if a person is
not a natural person, in the manner provided in the Code of
Civil Procedure when a complaint is filed, or
(2) by mailing by certified mail a duly executed copy
of the subpoena to the person to be served at the person's
last known abode or principal place of business within

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this State.
(d) If any person fails or refuses to file any statement or
report or obey any subpoena issued by the Attorney General,
the Attorney General may file a complaint in the circuit court
for the following, until the person files the statement or
report or obeys the subpoena:
(1) the granting of injunctive relief or the
restraining of the sale or advertisement of any
merchandise by the person or the conduct that is involved;
(2) the vacating, annulling, or suspending of the
corporate charter of a corporation created by or under the
laws of this State, the revoking or suspending of the
certificate of authority to do business in this State of a
foreign corporation, or the revoking or suspending of any
other licenses, permits, or certificates issued under the
laws of this State to the person that are used to further
the allegedly unlawful practice; and
(3) the granting of other relief as may be required.
(e) In the administration of this Act, the Attorney
General may accept an Assurance of Voluntary Compliance with
respect to any act deemed to be violative of this Act from any
person who has engaged in, is engaging in, or was about to
engage in the act. Evidence of a violation of an Assurance of
Voluntary Compliance shall be prima facie evidence of a
violation of this Act in any subsequent proceeding brought by
the Attorney General against the alleged violator.

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(f) Whenever the Attorney General has reason to believe
that any person is using, has used, or is about to use any act
declared by this Act to be unlawful, and that proceedings
would be in the public interest, the Attorney General may
bring an action in the name of the People of the State against
the person to restrain by preliminary or permanent injunction
the use of the act. The court, in its discretion, may exercise
all powers necessary, including, but not limited to: (i)
injunction; (ii) revocation, forfeiture, or suspension of any
license, charter, franchise, certificate, or other evidence of
authority of any person to do business in this State; (iii)
appointment of a receiver; (iv) dissolution of domestic
corporations or associations; (v) suspension or termination of
the right of foreign corporations or associations to do
business in this State; and (vi) restitution.
(g) In addition to the remedies provided in this Section,
the Attorney General exclusively may request, and a court may
award, a civil penalty of $50,000 for each violation against a
covered manufacturer or a covered operator found by the court
to have engaged in any act declared unlawful under this Act.
Any moneys paid under this Act shall be deposited into the
Attorney General Court Ordered and Voluntary Compliance
Payment Projects Fund. Moneys in the Fund shall be used,
subject to appropriation, for the performance of any function
pertaining to the exercise of the duties of the Attorney
General, including, but not limited to, enforcement of any law

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of this State; however, any moneys in the Fund that are
required by the court or by an agreement to be used for a
particular purpose shall be used for that purpose.
(h) When a receiver is appointed by the court under this
Act, the receiver shall have the power to sue for, collect,
receive and take into the receiver's possession all the goods
and chattels, rights and credits, moneys and effects, lands
and tenements, books, records, documents, papers, choses in
action, bills, notes, and property of every description,
derived by means of any practice declared to be illegal and
prohibited by this Act, including property with which the
property has been mingled if it cannot be identified in kind
because of the commingling, and to sell, convey, and assign
the same and hold and dispose of the proceeds thereof under the
direction of the court. Any person who has suffered damages as
a result of the use or employment of any unlawful practices and
submits proof to the satisfaction of the court that the person
has in fact been damaged, may participate with general
creditors in the distribution of the assets to the extent the
person has sustained out-of-pocket losses. In the case of a
partnership or business entity, the receiver shall settle the
estate and distribute the assets under the direction of the
court. The court shall have jurisdiction of all questions
arising in the proceedings and may make such orders and
judgments as may be required.
(i) Subject to an order of the court terminating the

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business affairs of any person after receivership proceedings
held under this Act, the provisions of this Act shall not bar
any claims against any person who has acquired any moneys or
property, real or personal, by means of any act declared to be
unlawful under this Act.
(j) Nothing in this Act is intended to limit the remedies
available under any other law, including the Consumer Fraud
and Deceptive Business Practices Act.
(k) Except as otherwise expressly provided for in this
Act, nothing in this Act shall be construed to grant any person
a private right of action for damages or to enforce the
provisions of this Act.
Section 97. Severability. The provisions of this Act are
severable under Section 1.31 of the Statute on Statutes.
Section 99. Effective date. This Act takes effect January 1,
2028.