HB4750 104TH GENERAL ASSEMBLY

LRB104 17909 SPS 31345 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB4750

Introduced , by Rep. Justin Cochran

SYNOPSIS AS INTRODUCED:

New Act
815 ILCS 505/2MMMM new

Creates the Mental Health Warning for Social Media Act. Provides that the operator of a social media platform shall ensure that a clear and conspicuous mental health warning label that complies with specified requirements: (1) appears each time a user accesses the social media platform; and (2) remains visible until the user takes specified actions. Provides that the Department of Public Health shall develop guidelines establishing requirements for the warning labels. Provides that the operator of a social media platform shall display a clear and conspicuous pop-up notification at least once every 30 minutes that a user has actively used the platform that informs the user of specified information. Provides that a violation of any of the provisions of the Act is an unlawful practice under the Consumer Fraud and Deceptive Business Practices Act. Amends the Consumer Fraud and Deceptive Business Practices Act to make a conforming change.

A BILL FOR

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 Mental Health Warning for Social Media Act.

Section 5. Definitions. As used in this Act:

"Clear and conspicuous" has the meaning set forth in Section 5 of Automatic Contract Renewal Act.

"Social media platform" means a public or semi-public Internet-based service or application that has users in this State and that meets the following criteria:

(1) a substantial function of the service or application is to connect users in order to allow users to interact socially with each other within the service or application; and

(2) the service or application allows users to do the following:

(A) construct a public or semi-public profile for purposes of signing into and using the service or application;

(B) populate a list of other users with whom an individual shares a social connection within the system; and

(C) create or post content viewable by other users, including, but not limited to, on message boards, in chat rooms, or through a landing page or main feed that presents the user with content generated by other users.

For the purpose of this definition, a service or application that provides email or direct messaging services shall not be considered a "social media platform" on the basis of that function alone.

"User" means a person that uses a social media platform while located in this State.

Section 10. Mental health warning label required.

(a) The operator of a social media platform shall ensure that a clear and conspicuous mental health warning label that complies with the requirements of subsection (b):

(1) appears each time a user accesses the social media platform; and

(2) remains visible until the user:

(A) exits the social media platform; or

(B) acknowledges the potential for harm and chooses to proceed to the social media platform.

(b) A mental health warning label required under subsection (a) shall:

(1) warn the user of potential negative mental health impacts of accessing the social media platform in a manner consistent with the guidelines set forth under Section 15; and

(2) provide the user access to resources to address the potential negative mental health impacts described in paragraph (1) and include the website and telephone number of a national suicide prevention and mental health crisis hotline system, including, but not limited to, the 9-8-8 Suicide and Crisis Lifeline.

(c) The operator of a social media platform shall not:

(1) provide the warning label exclusively in the social media platform's terms and conditions;

(2) include extraneous information in the warning label that obscures the visibility or prominence of the warning label; or

(3) allow a user to disable a warning label, except as provided under paragraph (2) of subsection (a).

Section 15. Content of mental health warning label. The Department of Public Health shall develop guidelines for the warning labels required under Section 10. The guidelines shall be based on current evidence regarding the negative mental health impacts of social media platforms. The Department of Public Health shall review and revise the guidelines as appropriate.

Section 20. Pop-up timer required.

(a) Except as provided under subsection (b), the operator of a social media platform shall display a clear and conspicuous pop-up notification at least once every 30 minutes that a user has actively used the platform. The notification shall:

(1) inform the user that the user has actively used the platform for the relevant consecutive period of time;

(2) inform the user of the total time the user has actively used the platform that day; and

(3) remain visible until the user acknowledges the notification.

(b) The operator of a social media platform may allow a user to:

(1) deactivate the notification required under subsection (a); or

(2) customize the period of time resulting in the notification required under subsection (a), provided that the maximum time period does not exceed 60 minutes.

Section 25. Enforcement. A violation of any of the provisions of this Act is an unlawful practice under the Consumer Fraud and Deceptive Business Practices Act. All remedies, penalties, and authority granted to the Attorney General by that Act shall be available to the Attorney General for the enforcement of this Act.

Section 30. Rulemaking. The Department of Public Health may adopt rules necessary to implement and administer this Act.

Section 90. The Consumer Fraud and Deceptive Business Practices Act is amended by adding Section 2MMMM as follows:

(815 ILCS 505/2MMMM new)

Sec. 2MMMM. Violations of the Mental Health Warning for Social Media Act.

(a) A person who violates the Mental Health Warning for Social Media Act commits an unlawful practice within the meaning of this Act.

(b) The provisions of Section 10a do not apply to a violation of this Section.