An Act Protecting Children's Safety By Requiring Affirmative Consent By A Parent Or Guardian For The Use Of A Child's Likeness On Social Media.
Summary
SB 344 would require affirmative written consent from a parent or guardian before a child’s name, image, or likeness may be used for marketing or advertising on social media or otherwise. The bill defines “affirmative consent” as a written agreement and applies the requirement broadly to any person, business, or organization using a child’s likeness in promotion of an organization, product, service, or event.
The bill also extends the same consent framework to schools and school-related entities, including local and regional boards of education, interdistrict magnet school operators, charter school governing councils, and nonpublic school supervisory agents. In the school context, the measure bars schools from using a child’s likeness for promotional purposes without written parental consent and prohibits schools from denying or limiting a child’s participation in activities, services, or events if the parent does not consent.
Impact
The bill creates two new statutory sections effective in 2026, one governing general persons and organizations and one governing schools. It would impose a new legal restriction on the commercial and promotional use of minors’ images and likenesses, while also protecting children from retaliation or exclusion if a parent declines to sign a consent agreement. The measure would likely affect schools, advertisers, nonprofits, event organizers, and any entity that posts child-related promotional content on social media or other media platforms.
Sentiment
The available voting history shows strong support in committee, with a 17-0 Joint Favorable vote from the Children’s Committee. No committee transcript is available, but the unanimous vote suggests broad agreement with the bill’s child-safety and parental-consent framing. The bill’s title and structure indicate a protective, family-centered policy approach rather than a controversial regulatory expansion.
Contention
No recorded committee debate is available, so specific objections are not documented. Based on the text, any likely points of contention would center on how broadly the consent requirement applies to marketing and advertising, the administrative burden on schools and organizations, and whether the bill could complicate routine photography or promotional activities involving children. The anti-discrimination language in the school section also suggests concern that children should not be penalized if a parent refuses consent.
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