HF 3724

1st Engrossment - 92nd Legislature (2021 - 2022) Posted on 03/28/2022 03:49pm

A bill for an act
relating to consumer protection; prohibiting certain social media algorithms that
target children; proposing coding for new law in Minnesota Statutes, chapter 325F.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [325F.6945] UNLAWFUL SOCIAL MEDIA ACTIVITIES.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For the purposes of this section, the following terms have
the meanings given.
new text end

new text begin (b) "Account holder" means a person who accesses a social media account through a
social media platform.
new text end

new text begin (c) "Operator" has the meaning given in section 1302 of the Children's Online Privacy
Protection Act of 1998, United States Code, title 15, section 6501.
new text end

new text begin (d) "Social media algorithm" means the software used by social media platforms to (1)
prioritize content, and (2) direct the prioritized content to the account holder.
new text end

new text begin (e) "Social media platform" means an electronic medium, including a browser-based or
application-based interactive computer service, telephone network, or data network, that
allows users to create, share, and view user-generated content. Social media platform does
not include Internet search providers or e-mail.
new text end

new text begin (f) "User-generated content" means any content created or shared by an account holder,
including without limitation written posts, photographs, graphics, video recordings, or audio
recordings.
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new text begin Subd. 2. new text end

new text begin Prohibitions; social media algorithm. new text end

new text begin (a) A social media platform with more
than 1,000,000 account holders operating in Minnesota is prohibited from using a social
media algorithm to target user-generated content at an account holder under the age of 18,
except as provided in subdivision 3.
new text end

new text begin (b) The operator of a social media platform is liable to an individual account holder who
received user-generated content through a social media algorithm while the individual
account holder was under the age of 18 if the operator of a social media platform knew or
had reason to know that the individual account holder was under the age of 18. A social
media operator subject to this paragraph is liable to the account holder for (1) any regular
or special damages, (2) a statutory penalty of $1,000 for each violation of this section, and
(3) any other penalties available under law.
new text end

new text begin Subd. 3. new text end

new text begin Exceptions. new text end

new text begin (a) A social media algorithm that is intended to block access to
inappropriate or harmful content to an account holder that is a minor is exempt from this
section. Software or devices that allow parental controls or internal controls used by the
social media platform that are designed to control access of the account of a minor to filter
content for age-appropriate material, that suggest, promote, or rank otherwise accessible
content, are exempt from this section.
new text end

new text begin (b) User-generated content that is created by a federal, state, or local government or by
a public or private school, college, or university is exempt from this section.
new text end