Protecting Children from Social Media Act (Public Chapter 899 of 2024, HB 1891) ↗
In force since 2025-01-01. NetChoice's challenge (NetChoice v. Skrmetti, M.D. Tenn.) did NOT block the Act: the district court denied a preliminary injunction on 2025-06-20, and the Sixth Circuit heard oral argument on NetChoice's appeal 2026-02-04 with a decision pending, so the Act remains enforceable.
The preliminary-injunction denial (opinion signed 2025-06-18, entered 2025-06-20) rested on the absence of imminent/irreparable harm (the court did not reach the merits); a Sixth Circuit reversal or a later merits ruling could change the posture; re-check after the pending appeal. Complaint-filing date recorded at month precision (2024-10) pending a verified day. Public Chapter 899 amends Tenn. Code Ann. Title 47, Ch. 18; specific section pins and the covered-platform user-count/threshold criteria are not decomposed here. Penalty structure and private right of action not verified (omitted rather than guessed). Tennessee's separate Protect Tennessee Minors Act (SB 1792, Pub. Ch. 1140) is an adult-content age-verification statute and is intentionally NOT recorded here.
Scope
Binds a covered 'social media platform'; the covered definition turns on features such as user-created public profiles and user-generated content shared with other users.
The statutory covered-platform user-count/threshold criteria are not decomposed here; section pins pending primary-text verification.
Key dates
- Signed
- 2024-05-13
- Effective
- 2025-01-01
Obligations (2)
Verify the age of Tennessee account holders using a commercially reasonable method to identify which users are minors under 18.
Statute’s own ages: 'Minor' means a Tennessee resident under 18.
Obtain express consent from a parent or legal guardian before a minor under 18 may create an account on a covered social media platform.
Statute’s own ages: Applies to minors under 18.
Litigation history
- 2024-10NetChoice filed suit in the U.S. District Court for the Middle District of Tennessee (NetChoice v. Skrmetti) challenging the Act on First Amendment grounds→ No injunction at filing; the Act was set to and did take effect 2025-01-01 source ↗
- 2025-06-20District court (Judge Eli J. Richardson) denied NetChoice's motion for a preliminary injunction without reaching the constitutional merits, finding no imminent or irreparable harm: Tennessee had not enforced against NetChoice members, and compliance costs were an ordinary cost of doing business→ No effect on enforceability. The Act remained in force; NetChoice appealed source ↗
- 2026-02-04U.S. Court of Appeals for the Sixth Circuit heard oral argument on NetChoice's appeal of the preliminary-injunction denial→ No change. The Act remains in force while the appeal is pending source ↗
Cross-state comparisons
- similarar-act689 (Arkansas): Both mandate age verification plus parental consent before a minor under 18 may hold a covered social-media account, but Arkansas's Act 689 was permanently enjoined while Tennessee's survived a preliminary-injunction motion and remains in force.
- similarne-lb383 (Nebraska): Both require age verification and parental consent for minors' social-media accounts and were challenged by NetChoice; the enforcement postures differ (Tennessee in force; Nebraska enjoined).