[co-author: James O'Reilly]*
Nebraska’s governor signed a bill into law that, among other things, creates the Parental Rights in Social Media Act. The provisions of the law will go into effect July 1, 2026, unless challenged. The law is similar to several other states, most of which have been challenged (including Arkansas, California, and Utah) and some struck down.
If the law goes unchallenged, unlike other states it creates a private right of action. Anyone who violates the act may be subject to a lawsuit brought by an injured party. They may be ordered to pay damages, attorney’s fees, and other relief. In addition, the Nebraska Attorney General can enforce the law and seek penalties of up to $2,500 per violation.
Obligations placed on social media companies under the law include:
- Age verification: Social media companies (or their vendors) will need to verify the ages of all people that attempt to create an account. It would restrict anyone under 18 from creating an account. And, the law specifically requires that social media companies delete identifying information they get when checking user ages.
- Parental consent: The law requires parental consent before minors can create social media accounts. They must also give parents mechanisms to revoke their consent. If a parent revokes their consent, the social media company must remove the account of that parent’s child and must stop a child from creating a new account unless the parent provides consent.
- Parental supervision: Parents will need to be given a way to supervise their children’s social media use. This includes access to their children’s posts and messages, and controls over their privacy and account settings. In addition, parents must be able to monitor and limit the amount of time the minor spends using the social media site.
*James O’Reilly is a Cybersecurity and Privacy Fellow in the firm’s Chicago office.
Putting it Into Practice: Nebraska joins a growing number of states attempting to regulate children’s use of social media. We will continue to monitor the status of this new Nebraska law before mid-2026, but anticipate seeing other similar legislation from other states.
