SB385,,4 The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB385,1 Section 1. 100.75 of the statutes is created to read:

SB385,,6 100.75 Social media company requirements. (1) Definitions. In this section:

SB385,,7 (a) “Account” means a social media platform account or profile.

SB385,,8 (b) “Account holder” means a person who has, or opens, an account.

SB385,,9 (c) “Educational entity” means any of the following:

SB385,,10 1. A public school, as defined in s. 115.01 (1).

SB385,,11 2. A charter school, as defined in s. 115.001 (1).

SB385,,12 3. A tribal school, as defined in s. 115.001 (15m).

SB385,,13 4. A private school participating in a program in s. 118.60 or 119.23.

SB385,,14 5. The Wisconsin Center for the Blind and Visually Impaired.

SB385,,15 6. The Wisconsin Educational Services Program for the Deaf and Hard of Hearing.

SB385,,16 7. A school of a parochial or denominational character that offers a course with a sectarian objective.

SB385,,17 8. A technical college under the authority of a district board, as defined in s. 38.01 (6).

SB385,,18 9. A college campus, as defined in s. 36.05 (6m).

SB385,,19 10. An institution, as defined in s. 36.05 (9).

SB385,,20 11. A tribally controlled college located in this state.

SB385,,21 12. A private, nonprofit postsecondary institution that is a member of the Wisconsin Association of Independent Colleges and Universities.

SB385,,22 (d) “Interactive computer service” means an information service, an information system, or information access software that provides access to the Internet or provides or enables computer access by multiple users to a computer server. “Interactive computer service” includes a web service, a web system, a website, a web application, and a web portal. “Interactive computer service” does not include an Internet service provider.

SB385,,23 (e) “Minor” means a resident under the age of 18. “Minor” does not include an emancipated minor, as defined in s. 48.375 (2) (e).

SB385,,24 (f) “Post” means content that an account holder or user makes available on a social media platform for other account holders or users to view.

SB385,,25 (g) “Resident” means an individual who resides in this state.

SB385,,26 (h) “Social media company” means an interactive computer service that makes available a social media platform that has 5,000,000 or more account holders.

SB385,,27 (i) 1. “Social media platform” means an online forum that a social media company makes publicly available and for which the primary purpose of is enabling an account holder to open a profile, upload a post, view a post of another account holder, or interact with other account holders or users.

SB385,,28 2. Notwithstanding subd. 1., “social media platform” does not include an online service, website, or application for which the predominant or exclusive function is any of the following:

SB385,,29 a. Electronic mail.

SB385,,30 b. The direct messaging of text, photo, or video messages that are sent between devices by electronic means, in which the messages shared between the sender and the recipient are visible only to the sender and the recipient and are not posted publicly.

SB385,,31 c. A streaming service that provides only licensed media in a continuous flow from itself to the end user and that does not obtain a license to the media from an account holder or user by agreement to its terms of service.

SB385,,32 d. News, sports, entertainment, or other content that is preselected by a social media platform that is not user-generated, on which any provided chat, comment, or other interactive functionality is incidental to, directly related to, or dependent upon the provision of the content.