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SB 3264

ONLINE SAFETY ACT

104th Regular Session Introduced by Rachel Ventura

Illinois social media platforms must implement an Online Safety Center, cyberbullying policies, and minor protection safeguards, enforceable as unlawful practices by 2027.

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WeVote Research Nonpartisan
Bill Summary · SB 3264

Summary: Online Safety Act (SB 3264, 104th Illinois General Assembly)

Date: Based on the provided text, amendments introduced March–April 2026. This summary reflects the current amended bill language as titled “Online Safety Act.”

1) Purpose and overall intent

  • Establishes standards and requirements for social media platforms operating in Illinois to promote online safety, with a focus on preventing cyberbullying and protecting minors.
  • Creates compliance obligations for owners of social media platforms, including creation of an online safety center, cyberbullying policies, and explicit protections for minors.
  • Adds enforcement mechanisms under the Illinois Consumer Fraud and Deceptive Business Practices Act.

2) Key provisions and changes

Definitions (Section 5)

  • Consumer: A resident of Illinois who uses an online platform.
  • Cyberbullying: On a social media platform, an act reasonably likely to cause physical or emotional harm or fear, or that infringes a consumer’s rights under state or federal law.
  • Owner: The person who owns a social media platform.
  • Social media platform: An Internet-based public/semi-public service that (a) is used by Illinois residents, (b) is primarily for social interaction, and (c) allows users to create profiles, connect with others, and post content viewable by others. Excludes:
    • Purely email or direct messaging services
    • Content primarily news, sports, entertainment, or preselected content with incidental chat
    • Educational entity platforms (e.g., LMS or student engagement programs)

Social media platform requirements (Section 10)

  • Online Safety Center (by January 1, 2027): Must provide
    • Resources to prevent cyberbullying and access to mental health services (e.g., hotline, website, or phone number)
    • Explanation of reporting mechanisms for harmful/unwanted behavior (cyberbullying)
    • Educational information about the mental health impact of social media
  • Cyberbullying policy (by January 1, 2027): Must establish how the platform handles reports of cyberbullying.

Protections for minors (Section 15)

  • Platforms with actual knowledge or willful disregard that they are serving minors must not:
    • Provide consent mechanisms that undermine user autonomy or manipulate decision-making
    • Offer direct messaging to minors unless:
    • Readily accessible safeguards exist for minors or guardians to prevent unsolicited messages from adults (default settings required)
    • Safeguards are provided as a default setting
    • Use design features that significantly increase or extend minor usage of the service
  • Exceptions:
    • Restrictions do not apply to services where the predominant function is electronic mail or direct messaging (between sender and recipient, private, not public) and not publicly posted.
  • Educational exemptions:
    • Restrictions do not apply to services used by educational entities (e.g., LMS or student engagement programs).

Enforcement (Section 20)

  • Violations are treated as unlawful practices under the Illinois Consumer Fraud and Deceptive Business Practices Act.
  • The Illinois Attorney General has enforcement authority and remedies for violations.

Legal framework adjustments (Section 90, 97, 99)

  • Adds a new subsection (Section 2MMMM) to the Illinois Consumer Fraud and Deceptive Business Practices Act to classify Online Safety Act violations as unlawful practices.
  • Provides severability and an effective date of January 16, 2027.

3) Who/what is affected

  • Social media platform owners/operators operating in Illinois (as defined by the Act) must comply with the Online Safety Center, cyberbullying policy, and minor-protection safeguards by the specified dates.
  • Illinois consumers (residents) using those platforms gain enhanced access to safety resources, cyberbullying reporting, and mental health information.
  • Minors are specifically protected through restrictions on certain messaging features, default safety settings, and design safeguards.
  • Educational entities that run LMS or student engagement platforms may be exempt from certain restrictions.

4) Procedural and timeline aspects

  • Online Safety Center deadline: No later than January 1, 2027.
  • Cyberbullying policy deadline: No later than January 1, 2027.
  • Effective date: January 16, 2027.
  • Enforcement: Violations are unlawful practices under the Consumer Fraud and Deceptive Business Practices Act; enforcement by the Illinois Attorney General.
  • Severability: Provisions are severable if any part is unconstitutional or invalid.

5) Notes for readers

  • The bill targets “owners” of social media platforms, imposing transparency and safety obligations while carving out exemptions for certain types of services (e.g., purely email, private direct messaging, or education-focused platforms).
  • It emphasizes mental health resources and reporting mechanisms as core components of online safety.
  • The act broadens consumer protection authorities to address online platform practices related to minors and cyberbullying through existing statutory enforcement channels.

Compiled from official sources — confirm details with the bill’s official record.

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