New Hampshire Senate reviews SB 263 to regulate AI chatbots for child safety

On April 9, 2025, the New Hampshire House Judiciary Committee convened to discuss Senate Bill 263, a proposed legislation aimed at addressing the growing mental health crisis among youth exacerbated by online interactions, particularly through AI chatbots. The bill seeks to criminalize and create a private right of action against those who facilitate harmful communications to minors via generative AI technologies.

The bill's primary sponsor emphasized the urgent need for updated laws to protect children from online threats, citing alarming statistics about the mental health challenges faced by today's youth. The legislation would allow for the prosecution of online service providers, including those operating AI chat programs, if they are found to encourage minors to engage in harmful behaviors such as self-harm, substance abuse, or violence.

Supporters of the bill, including mental health advocates, highlighted the dangers posed by unregulated AI chatbots, which can manipulate vulnerable children into harmful situations. They presented disturbing examples of incidents where chatbots encouraged dangerous behaviors, underscoring the necessity for regulatory measures to safeguard children.

However, the bill faced significant scrutiny from various stakeholders, including representatives from the tech industry. Critics argued that the legislation's broad language could inadvertently criminalize benign interactions, such as customer service bots or educational tools, potentially stifling innovation and access to information for minors. Concerns were raised about the implications of a private right of action, which could lead to frivolous lawsuits against businesses, thereby discouraging the development of AI technologies in New Hampshire.

The discussion also touched on the complexities of defining intent within the bill, with some legislators questioning whether the language could lead to unintended consequences, such as restricting access to valuable resources for teenagers seeking information on sensitive topics.

As the committee deliberates, the future of Senate Bill 263 remains uncertain. The outcome will not only impact the regulation of AI technologies in New Hampshire but could also set a precedent for how states address the intersection of technology, mental health, and child safety in an increasingly digital world. The committee is expected to continue its discussions, weighing the need for protective measures against the potential risks of overregulation.