HF 4138

4th Engrossment - 94th Legislature (2025 - 2026)

Posted on 05/12/2026 06:39 p.m.

A bill for an act
relating to civil law; establishing requirements for social media platforms related
to accounts for minors; establishing enforcement mechanisms for regulations on
child social media accounts; providing for social media behavioral threat assessment
and reporting; amending Minnesota Statutes 2024, sections 325M.31; 325M.33;
proposing coding for new law in Minnesota Statutes, chapter 325M.

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

Section 1.

Minnesota Statutes 2024, section 325M.31, is amended to read:

325M.31 DEFINITIONS.

(a) For purposes of sections 325M.30 to deleted text begin 325M.34 deleted text end new text begin 325M.36 new text end , the following terms have
the meanings given.

(b) "Accessible user interface" means a way for a user to input data, make a choice, or
take an action on a social media platform in two clicks or fewer.

(c) "Account holder" means a natural person or legal person who holds an account or
profile with a social media platform.

(d) "Account interactions" means any action that a user can make within a social media
platform that could have a negative impact on another account holder. Account interactions
include but are not limited to:

(1) sending messages or invitations to users;

(2) reporting users;

(3) commenting on, resharing, liking, voting, or otherwise reacting to users' user-generated
content; and

(4) posting user-generated content or disseminating user-generated content to users.

Actions that have no impact on other users, including viewing user-generated content or
public content, are not account interactions.

(e) "Algorithmic ranking system" means a computational process, including one derived
from algorithmic decision making, machine learning, statistical analysis, or other data
processing or artificial intelligence techniques, used to determine the selection, order, relative
prioritization, or relative prominence of content from a set of information that is provided
to a user on a social media platform, including search results ranking, content
recommendations, content display, or any other automated content selection method.

(f) "Conspicuously" means the information is presented in a manner, given the
information's size, color, contrast, location, and proximity to any related information, as to
be readily noticed and understood by a reasonable user.

(g) "Content" means any media, including but not limited to written posts, images, visual
or audio recordings, notifications, and games, that a user views, reads, watches, listens to,
or otherwise interacts or engages with on a social media platform. Content includes other
account holders' accounts or profiles when recommended to a user by the social media
platform.

(h) "Engage" or "engagement" means a user's utilization of the social media platform.

(i) "Expressed preferences" means a freely given, considered, specific, and unambiguous
indication of a user's preferences regarding the user's engagement with a social media
platform. Expressed preferences must not be based on the user's time spent engaging with
content on the social media platform or on the use of features that do not indicate explicit
preference, including comments made, posts reshared, or similar actions that may be taken
on content the user perceives to be of low quality. Expressed preferences must not be
obtained through a user interface designed or manipulated with the substantial effect of
subverting or impairing a user's decision making.

(j) "Social media platform" means an electronic medium, including a browser-based or
application-based interactive computer service, Internet website, telephone network, or data
network, that allows an account holder to create, share, and view user-generated content
for a substantial purpose of social interaction, sharing user-generated content, or personal
networking. Social media platform does not include:

(1) an Internet search provider;

(2) an Internet service provider;

(3) an email service;

(4) a streaming service, online video game, e-commerce, or other Internet website where
the content is not user generated but where interactive functions enable chat, comments,
reviews, or other interactive functionality that is incidental to, directly related to, or dependent
upon providing the content;

(5) a communication service, including text, audio, or video communication technology,
provided by a business to the business's employees and clients for use in the course of
business activities and not for public distribution, except that social media platform includes
a communication service provided by a social media platform;

(6) an advertising network with the sole function of delivering commercial content;

(7) a telecommunications carrier, as defined in United States Code, title 47, section 153;

(8) a broadband service, as defined in section 116J.39, subdivision 1;

(9) single-purpose community groups for education or public safety;

(10) teleconferencing or video-conferencing services that allow reception and transmission
of audio and video signals for real-time communication, except that social media platform
includes teleconferencing or video-conferencing services provided by a social media platform;

(11) cloud computing services, which may include cloud storage and shared document
collaboration;

(12) providing or obtaining technical support for a platform, product, or service; or

(13) a platform designed primarily and specifically for creative professional users, as
distinct from the general public, to share their portfolio and creative content, engage in
professional networking, acquire clients, and market the creative professional user's creative
content and creative services through facilitated transactions.

(k) "Time sensitive" means content that is welcomed under a user's expressed preferences
and that has significantly reduced value to the user with the passing of time.

(l) "User" means a natural person who is located in Minnesota and who holds an account
or profile with a social media platform.

(m) "User-generated content" means any content created by an account holder that is
uploaded, posted, shared, or disseminated on the social media platform.

Sec. 2.

Minnesota Statutes 2024, section 325M.33, is amended to read:

325M.33 TRANSPARENCY REQUIREMENTS FOR SOCIAL MEDIA
PLATFORMS.

A social media platform must publicly and conspicuously post the following information
on the social media platform's website:

(1) an explanation of how the social media platform limits excessive account interactions,
including:

(i) the maximum limit on the number of times that a user can engage in each specific
kind of account interaction in an hour, day, week, and month; and

(ii) whether and how the platform engages in any reduction in the ability of accounts to
affect other users when the user engages in a high number of account interactions that is
below the maximum limit;

(2) an explanation detailing how the platform:

(i) assesses the quality of content;

(ii) assesses users' expressed preferences regarding content; and

(iii) utilizes the assessments under items (i) and (ii) in each of the social media platform's
algorithmic ranking system, including how the assessments are weighted in relation to other
signals in the algorithmic ranking system;

(3) statistics on the platform's use with respect to the tenth, 25th, 50th, 75th, 90th, 95th,
99th, and 99.9th percentile of all platform account holders for each distinct type of account
interaction or engagement, including but not limited to:

(i) sending invitations or messages to other platform account holders;

(ii) commenting on, resharing, liking, voting for, or otherwise reacting to content;

(iii) posting new user-generated content;

(iv) disseminating user-generated content to other platform account holders; and

(v) time spent on the platform;

(4) an explanation of how the platform determines whether a notification is time sensitive
and how many time-sensitive and non-time-sensitive notifications are sent to users including:

(i) how many time-sensitive and non-time-sensitive notifications are sent with respect
to the tenth, 25th, 50th, 75th, 90th, 95th, 99th, and 99.9th percentile of all platform account
holders in a given day; and

(ii) how many time-sensitive and non-time-sensitive notifications are sent with respect
to the tenth, 25th, 50th, 75th, 90th, 95th, 99th, and 99.9th percentile of all platform account
holders during each hour between the hours of 11:00 p.m. and 7:00 a.m.; deleted text begin and
deleted text end

(5) a description of all product experiments that have been conducted on 1,000 or more
users, including a description of the experimental conditions and the results of the product
experiment for all experimental conditions on users' viewing or engaging with content that:

(i) users indicate to be high or low quality;

(ii) users indicate complies or does not comply with the users' expressed preferences;
or

(iii) violates platform policies deleted text begin . deleted text end new text begin ; and
new text end

new text begin (6) an explanation of the age estimation process used to determine the age of account
holders.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2027.
new text end

Sec. 3.

new text begin [325M.36] SOCIAL MEDIA BEHAVIORAL THREAT ASSESSMENT AND
REPORTING.
new text end

new text begin Subdivision 1. new text end

new text begin Social media behavioral threat assessment and reporting;
requirements. new text end

new text begin (a) A social media platform must review publicly available user-generated
content and if a social media platform becomes aware of any information that a mass violence
event is threatened, or has taken place, is taking place, or is likely to take place, in Minnesota
or to be committed by or committed against an individual or group located in Minnesota,
it shall immediately report its suspicion to the Minnesota Fusion Center (MNFC) and provide
all relevant information available.
new text end

new text begin (b) Nothing in this section prevents a social media platform from any other reporting
normally done in the course of business or as required by law, including contacting local,
state, or national law enforcement; school safety centers; or other facilities or individuals.
new text end

new text begin (c) For the purposes of this section, a "mass violence event" means a communicated,
demonstrated, or reasonably inferred threat of injury likely to cause death, or the threat of
killing or attempting to kill using targeted violence, mass casualty violence, or terrorism,
against an identified or reasonably identifiable individual or group, a location, an institution,
or an event, where the violence is likely to result in death and where the facts and
circumstances indicate a credible intent, capability, or preparation to carry out the threatened
act.
new text end

new text begin (d) Information that must be provided in an immediate manner to the MNFC under this
section shall be reported within 24 hours of the social media platform becoming aware of
the information, or sooner if the information indicates an imminent mass violence event
will occur in less than 24 hours.
new text end

new text begin Subd. 2. new text end

new text begin Enforcement. new text end

new text begin (a) If a social media platform violates this section, the attorney
general may bring an enforcement action under paragraph (b).
new text end

new text begin (b) The attorney general may bring an enforcement action against a social media platform
to enforce a provision of this section in accordance with section 8.31. If the state prevails
in an action to enforce this section, the state may, in addition to penalties provided by
paragraph (c) or other remedies provided by law, be allowed an amount determined by the
court to be the reasonable value of all or part of the state's litigation expenses incurred.
new text end

new text begin (c) Any social media platform that violates this section is subject to an injunction and
any other equitable relief, and is liable for a civil penalty of not more than $1,000,000 for
each violation.
new text end

new text begin Subd. 3. new text end

new text begin Data practices. new text end

new text begin The MNFC, along with the agency that carries on a law
enforcement function that subsequently obtains information from a social media platform,
must treat the data as criminal investigative data under section 13.82, subdivision 7.
new text end

new text begin Subd. 4. new text end

new text begin Immunity from liability. new text end

new text begin This section does not create a unique cause of action
for an individual. A social media platform that uses currently available technology and
follows the requirements of this section is not liable to an individual or any persons for the
criminal actions of another based on the requirements or standards in this section.
new text end

Sec. 4.

new text begin [325M.40] STOP HARMS FROM ADDICTIVE SOCIAL MEDIA.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

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

new text begin (b) "Account holder" means a resident of the state who has an account or a profile with
a covered social media platform with a unique identifier during any period in which that
covered social media platform knows or should reasonably know the account holder is
physically located in the state.
new text end

new text begin (c) "Addictive interface features" means:
new text end

new text begin (1) infinite scrolling meaning either continuously loading content, content that loads as
the account holder scrolls down the page without the need to open a separate page, seamless
content, or the use of pages with no visible or apparent end or page breaks;
new text end

new text begin (2) display of a profile-based feed;
new text end

new text begin (3) push notifications, whether audible, visual, or tactile, designed to call the attention
of the account holder to newly posted content, user responses to content posted by the
account holder, or other specific activities or events related to the account holder's account,
but not including notifications for the purposes of alerting the account holder to incoming
calls, text messages, email messages, or similar messages sent by human contact and
delivered by means of any application;
new text end

new text begin (4) autoplay video or video that begins to play without the account holder first clicking
on the video or on a play button for that video;
new text end

new text begin (5) display of personal metrics that indicate the number of times other users have clicked
a button or taken other action to indicate their reaction to content posted by the account
holder or have shared or reposted content posted by the account holder; or
new text end

new text begin (6) display of awards, badges, tiers, or any form of recognition of the account holder
based on hours spent by the account holder on the covered social media platform, numbers
of followers, numbers of postings, frequency or regularity of postings, or any other metric
of usage or performance on the covered social media platform.
new text end

new text begin (d) "Child" means an individual who is age 15 or younger and residing in Minnesota.
new text end

new text begin (e) "Covered social media platform" means a social media platform that has 10,000 or
more account holders or that has earned at least $1,000,000,000 in revenues worldwide in
one or more of the preceding three years.
new text end

new text begin (f) "Minor" means an individual who is under the age of 18.
new text end

new text begin (g) "Paid commercial advertising" is advertising for which the covered social media
platform receives compensation of any sort in return for displaying the advertising and that
seeks to encourage the account holder to purchase a product or service or otherwise engage
in a commercial transaction or to follow a link to a website that encourages the account
holder to engage in a commercial transaction.
new text end

new text begin (h) "Parent" means any parent under state law or any legal guardian or legal custodian
of a child who is a resident of the state.
new text end

new text begin (i) "Personal information" means information about an account holder collected online
that comprises personal information within the meaning of the Children's Online Privacy
Protection Act, United States Code, title 15, section 6501(8), and the implementing
regulations at Code of Federal Regulations, title 16, section 312.2. Personal information
also includes any record of or derived from online activity or history, search history, or
online communications of an account holder with respect to any application, website, or
covered social media platform; any photograph or biometric information that is used or
could reasonably be used to identify the account holder, including but not limited to
fingerprints, voiceprints, iris or retina imagery scans, facial templates, or gait imagery or
metrics; and any geolocation information associated with an account holder or with a device
of an account holder. Personal information does not include an express search term, request,
or selection submitted by the account holder during the current session on the covered social
media platform; an identifier used solely for the purpose of directing personal
communications to or from the account holder; information that comprises account
holder-selected or parent-selected settings relating to privacy, accessibility, or blocking of
age-inappropriate content; or technical information concerning the account holder's device.
new text end

new text begin (j) "Profile-based feed" means a feed in which the material presented has been selected
or prioritized by the covered social media platform for display to an account holder based
in whole or in part on personal information of that account holder, except that inclusion in
a feed of content created by a third party that is displayed to the account holder because the
account holder has taken an affirmative step to select the third party's content for inclusion
in the feed displayed to the account holder, such as by following, friending, or engaging in
similar actions in relation to the third party and not otherwise selected or prioritized for
display to the account holder based on personal information, shall not render the feed a
profile-based feed. Additionally, exclusion by a covered social media platform of certain
content from the feed of an account holder based on information about or any estimate of
the age of an account holder solely for the purpose of excluding content that (1) is obscene
as to children age 15 or younger, or (2) by policy of the covered social media platform is
not suitable for presentation to children of that age shall not render that feed a profile-based
feed.
new text end

new text begin (k) "Social media platform" means an Internet website or application that is open to the
public, allows a user to create an account, enables an account holder to communicate with
other users for the primary purpose of posting and viewing information, comments, messages,
images, or videos, and utilizes addictive interface features, provides profile-based feeds, or
utilizes personal information to display targeted paid commercial advertising. Social media
platform does not include:
new text end

new text begin (1) a broadband Internet access service as defined by the Federal Communications
Commission;
new text end

new text begin (2) an online service, website, or application where the exclusive function is the support
of communications, including email, video conference capabilities, or direct messaging
consisting of text, photographs, pictures, images, or videos only between the sender and
recipients specifically identified by the sender, without displaying or posting publicly or to
other users not specifically identified as the recipients by the sender;
new text end

new text begin (3) an online service, application, or website with content consisting primarily of
information or content that is not user generated; or
new text end

new text begin (4) a streaming service, online video game, e-commerce, or other Internet website where
the content is not user generated, but where interactive functions enable chat, comments,
reviews, or other interactive functionality that is incidental to, directly related to, or dependent
upon the non-user-generated content.
new text end

new text begin (l) "Targeted paid commercial advertising" means paid commercial advertising that has
been selected or prioritized for display to an account holder based in whole or in part on
account activity or personal information of the account holder by or with the participation
of the covered social media platform, except that advertising selected for display to an
account holder shall not constitute targeted paid commercial advertising if that selection
process considers information about or an estimate of the age of the account holder solely
for the purpose of excluding advertisements that by law or policy of the covered social
media platform are not suitable for presentation to a child of that age.
new text end

new text begin (m) "Verifiable parental consent" has the meaning established in the Children's Online
Privacy Protection Act, United States Code, title 15, section 6501(9), and the implementing
regulations under Code of Federal Regulations, title 16, section 312.5.
new text end

new text begin Subd. 2. new text end

new text begin Age estimation; requirements. new text end

new text begin (a) When a new account holder has been on
the covered social media platform for 25 hours or more within a six-month period, the
covered social media platform has 14 days to estimate the age of the account holder using
reasonable efforts, taking into consideration available technology and the data in the
possession of the covered social media platform. If the covered social media platform is
able to conclude with a percentage confidence score of 80 percent or greater that the user
is 16 years old or older, the covered social media platform may treat the account holder to
be other than a child for purposes of this section. Otherwise, the covered social media
platform must treat the account holder as a child for purposes of this section.
new text end

new text begin (b) When a new account holder has been on the covered social media platform for 50
hours or more within a six-month period, the covered social media platform has 14 days to
use reasonable efforts to revise the covered social media platform's initial estimate of the
age of the account holder. If the covered social media platform is able to conclude with a
percentage confidence score of 90 percent or more that the account holder is 16 years of
age or older, the covered social media platform may treat the account holder to be other
than a child for purposes of this section. Otherwise, the covered social media platform must
treat the account holder as a child for purposes of this section.
new text end

new text begin (c) A covered social media platform shall update its estimate of the age of each account
holder after every six months that the account holder is on the platform, or as often as the
covered social media platform applies any form of data analytics or artificial intelligence
to update the covered social media platform's estimate of any other demographic
characteristics of the account holder for any reason, whichever period is shorter. If the
covered social media platform is able to conclude with a percentage confidence score of 90
percent or more that the account holder is 16 years of age or older, the covered social media
platform may treat the account holder to be other than a child for purposes of this section.
Otherwise, the covered social media platform must treat the account holder as a child for
purposes of this section.
new text end

new text begin (d) Nothing in this section shall be construed to create any duty on the part of a covered
social media platform to request, collect, or retain any information from or about any account
holder, except as provided under subdivision 7. The age estimate required by this section
shall be derived based on information collected by the covered social media platform in the
ordinary course of operation of the covered social media platform, and a covered social
media platform shall have no obligation under this section to estimate the age of an account
holder who has had an account with the covered social media platform continuously for at
least seven years or to take any action with respect to the account.
new text end

new text begin Subd. 3. new text end

new text begin Creation and maintenance of account of a child. new text end

new text begin (a) A covered social media
platform shall require applicants for an account to provide the month and year of their birth
date as part of the account application process, and shall not provide a default birthdate in
any form or query used to obtain that information.
new text end

new text begin (b) A covered social media platform may not create an account for a user identified as
a child pursuant to this section, or change the terms and conditions of an account of a child,
without first obtaining verifiable parental consent. A covered social media platform that is
required to treat an account holder as a child pursuant to subdivision 2 must not maintain
an account of a child without verifiable consent consistent with the process in subdivision
6, paragraph (c). Information collected for the purpose of obtaining verifiable parental
consent shall not be used for any purpose other than obtaining verifiable parental consent
and shall not be sold, transferred, or disclosed, except to the extent necessary to comply
with any other applicable state or federal law or regulation.
new text end

new text begin (c) A covered social media platform shall provide clear, simple, and easy-to-locate
information through a link about the creation or maintenance of an account of a child and
include that information in the terms and services agreement.
new text end

new text begin Subd. 4. new text end

new text begin Privacy and parental limitations for account of a child. new text end

new text begin (a) An account for
a child shall have all privacy settings set by default at the most private levels.
new text end

new text begin (b) A covered social media platform may not change the privacy settings of an account
of a child so long as the account holder remains a child.
new text end

new text begin (c) In the course of obtaining verifiable parental consent for the establishment or
continuation of an account of a child, a covered social media platform shall prominently
provide and explain an option for the parent to:
new text end

new text begin (1) monitor the amount of time the child spends using the covered social media platform;
new text end

new text begin (2) set daily and weekly time limits on use of the covered social media platform; and
new text end

new text begin (3) set limits on times of day when the covered social media platform can be accessed
by the child.
new text end

new text begin (d) Information collected on the account of a child by the social media platform shall
not at any time be sold, transferred, or disclosed, except to the extent necessary to comply
with any other applicable state or federal law or regulation.
new text end

new text begin Subd. 5. new text end

new text begin Prohibition on addictive interface; presentation of paid commercial
advertising. new text end

new text begin (a) A covered social media platform may not present addictive interface features
in the display or feed of any account of a child.
new text end

new text begin (b) A covered social media platform may not present targeted paid commercial advertising
in the display or feed of any account of a child.
new text end

new text begin Subd. 6. new text end

new text begin Termination of an account of a child. new text end

new text begin (a) A covered social media platform
shall terminate an account of a child within no more than seven days after receipt of a request
for termination from the account holder.
new text end

new text begin (b) A covered social media platform shall terminate the account of a child within 14
days of the receipt of a request for termination from a parent of the account holder. Upon
receipt of the parent's request, the covered social media platform shall verify that the
requesting party is a parent of the account holder by whatever means of verification the
covered social media platform uses for purposes of ascertaining the validity of verifiable
parental consent. A covered social media platform shall provide clear, simple, and
easy-to-locate means for the parent of any child to request termination of any account of a
child.
new text end

new text begin (c) A covered social media platform must terminate an account if it concludes, consistent
with the age estimation requirements in subdivision 2, that an account holder is a child
unless verifiable parental consent is obtained for the account. The covered social media
platform shall provide 30 days from the date of the notice for the account holder to dispute
the age classification or to provide verifiable parental consent. If an account holder disputes
his or her classification as a child, a covered social media platform may rely on any
commercially reasonable process to resolve the dispute. A covered social media platform
shall make a reasonable determination of the dispute within 30 days of the completion of
that process. In the event a covered social media platform concludes, after considering a
dispute, that the covered social media platform is obligated to terminate an account, it shall
terminate that account within seven days of making that determination.
new text end

new text begin Subd. 7. new text end

new text begin Verifiable parental consent; records. new text end

new text begin A covered social media platform must
retain documentation sufficient to reasonably establish that it has obtained verifiable parental
consent as required under this section.
new text end

new text begin Subd. 8. new text end

new text begin Contract provisions. new text end

new text begin (a) Contracts formed in violation of this section are void
and unenforceable. No part of this section may be waived in a contract or terms of service
agreement.
new text end

new text begin (b) If a covered social media platform permits a child to open or continue an account
on the platform in the absence of parental consent sufficient for the formation of a binding
contract with a minor under ordinary principles of contract law under the laws of this state,
any purported contract pertaining to the account is void and unenforceable as contrary to
public policy, including but not limited to any arbitration provision, limitation of liability,
or limitation of remedies, without regard to whether the covered social media platform had
actual or constructive knowledge that the account holder was a child.
new text end

new text begin Subd. 9. new text end

new text begin Enforcement; remedies. new text end

new text begin (a) A child or parent shall have a private right of
action for a violation of this section. The court may award declaratory or injunctive relief,
general and special damages, court costs and fees, reasonable attorney fees, and any other
appropriate relief as a result of a negligent, reckless, or knowing violation of this section.
new text end

new text begin (b) If a covered social media platform's violation was reckless or knowing, a child or
parent who prevails on a claim based on any violation of this section shall be entitled to
recover actual damages or $10,000 in statutory damages, whichever is greater.
new text end

new text begin (c) If a covered social media platform's violation was part of a consistent pattern of
reckless or knowing conduct, punitive damages may be awarded.
new text end

new text begin (d) A covered social media platform shall not be liable for any violation of this section
if it has used reasonable efforts, taking into consideration available technology and the data
in possession of the covered social media platform, to comply with the requirements of this
section.
new text end

new text begin (e) A civil action for damages for a violation of this section must be brought within three
years of the date the plaintiff knew, or reasonably should have known, of the alleged
violation. However, this limitation period for the action shall be tolled until the holder of
an account of a child reaches the age of 18.
new text end

new text begin Subd. 10. new text end

new text begin Deceptive trade practices. new text end

new text begin Any knowing or reckless violation of this section
shall constitute a deceptive trade practice and a violation of section 325D.44. The attorney
general shall have enforcement authority under section 8.31.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2027, and applies to accounts
created before, on, or after that date.
new text end