H.3431 (2026), Age-Appropriate Design Code Act (Act No. 96 of 2026)
In forceS.C. Code Ann. Title 39, ch. 80
Requires online services reasonably likely to be accessed by minors to set protective default privacy settings for known minors, offer opt outs from personalized recommendation systems, limit addictive design features and nighttime and school hours notifications, and undergo independent third party audits reported to the Attorney General. NetChoice sued days after enactment and a preliminary injunction motion is pending.
| Age threshold | 18 |
| Penalties | Treble damages available to the Attorney General, and possible personal liability for officers and employees for willful and wanton violations. |
| Enforcement body | South Carolina Attorney General |
Litigation: NetChoice, LLC v. Wilson, No. 3:26-cv-00543-SAL (D.S.C.) (U.S. District Court for the District of South Carolina). Filed February 9, 2026 alleging First and Fourteenth Amendment violations. NetChoice moved for a preliminary injunction on March 9, 2026; briefing was completed April 20, 2026 and the motion remains pending with no ruling as of this date, so the Act remains enforceable.
Source: Full text of law