Louisiana Bans Targeted Advertising to Minors on Social Media Platforms

On June 18, 2024, Louisiana enacted HB 577, prohibiting “social media platforms” with more than 1 million users globally from displaying targeted advertising to Louisiana users that the platform has actual knowledge are under 18 years of age and from selling the sensitive personal data of such users. The law amends the effective date of the state social media law, the Louisiana Secure Online Child Interaction and Age Limitation Act (“the SOCIAL Act”), to July 1, 2025. HB 577 also will take effect on July 1, 2025. This post summarizes the law’s key provisions.

• Social Media Platform Definition: The law applies the definition of “social media platform” from the SOCIAL Act, which defines social media platform as a public or semipublic internet-based service or app with users in Louisiana and permits users to do all the following:
  • Connect users to allow users to interact socially with each other within the service or app;
  • Construct a public or semipublic profile to sign into and use the service or app;
  • Populate a list of other users with whom an individual shares a social connection within the system, including subscribing to another user’s content; and
  • Create or post content viewable by others, such as on message boards, in chat rooms, or on a main feed that presents the user with content generated by other users.

• Targeted Advertising Definition: Targeted advertising means displaying an advertisement to a user where the advertisement is selected based on personal data obtained from the user’s activities over time and across non-affiliated websites or online apps to predict the user’s preferences or interests.
  • Exceptions: Targeted advertising does not include:
    • (i) Advertising based on activities within a controller’s own website or app;
    • (ii) Advertising based on the context of a user’s current search, website visit, or app;
    • (iii) Advertising directed to a user in response to their request for information, products, services, or feedback; or
    • (iv) Processing personal data solely to:
      • measure or report on advertising performance, reach, or frequency, or
      • prevent fraud and abuse.

• Data Processing Liability: Under HB 577, social media platforms are not liable for data processing to reasonably determine whether a user is a Louisiana resident or for an erroneous residency determination. Additionally, if a covered social media platform conducts age estimation, it is not liable for:
  • Data processing undertaken during the period when it is estimating age;
  • An erroneous estimation; or
  • Data processing in the absence of reasonable evidence the user is a minor.

• Enforcement: The Louisiana Attorney General has the exclusive authority to enforce the law. Social media platforms have 45 days to cure violations after receiving notice from the Louisiana Attorney General. The law authorizes civil penalties of up to $10,000 per violation against social media platforms and up to $5,000 against any person for each related administrative or court order violation.