HF 1503

1st Engrossment - 93rd Legislature (2023 - 2024) Posted on 03/06/2023 03:45pm

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.
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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.
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new text begin (b) "Account holder" means a person who accesses a social media account through a
social media platform.
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new text begin (c) "Recommendation feature" is any tool or component of a social media platform that
targets user-generated content to an account holder using a mechanism that considers,
evaluates, or is contingent upon any metric of user engagement, including but not limited
to the length of time something is viewed, the amount of time something appears on a screen,
the time a user spends on a site, mouse movement, clicks, likes, votes, reactions, comments,
purchases, saves, shares, or any other proxy for user-engagement without a user requesting
to be shown the specific content. Recommendation features include but are not limited to
landing pages with recommended content; recommendations for related content, videos,
items, or products; and friend suggestions.
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new text begin (d) "Social media algorithm" means any software used by a social media platform to (1)
prioritize content to an individual account holder through recommendation features, and
(2) direct the prioritized content to the account holder.
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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, Internet service providers, email, or
short-message-service; or streaming video service or other Internet website where the content
is not user-generated but where interactive functions enable incidental chat, comments, or
reviews. Social media platform does not include a communication service, including audio
and 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.
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 globally that is operating in Minnesota is prohibited from
using a social media algorithm to target user-generated content at an account holder who
is under the age of 18 and who is located in Minnesota, except as provided in subdivision
3. Nothing in this section prohibits a social media platform from:
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new text begin (1) allowing user-generated content to appear in a chronological manner for an account
holder who is under the age of 18;
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new text begin (2) displaying user-generated content that has been selected or followed by an account
holder who is under the age of 18, as long as the content appears in a chronological manner;
or
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new text begin (3) providing search results to an account holder who is under the age of 18, if the search
results are in response to a specific and immediately preceding query by the account holder.
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new text begin (b) The 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 and was using the individual account holder's own account, if the
social media platform knew or had reason to know that the individual account holder was
under the age of 18 and located in Minnesota. A social media platform subject to this section
must require an account holder who is under the age of 18 located in Minnesota to obtain
verifiable parental consent prior to opening a new user account. A social media platform
subject to this paragraph is liable to the account holder for: (1) any general or special
damages; (2) a statutory penalty of $1,000 for each violation of this section, provided that
no individual account holder may recover more than $100,000 in statutory penalties under
this subdivision in any calendar year; and (3) any other penalties available under law.
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new text begin Subd. 3. new text end

new text begin Exceptions. new text end

new text begin (a) An algorithm, software, or device that acts as a parental control,
or an internal control used by the social media platform that is intended to control the ability
of a minor to access content, or is used to filter content for age-appropriate or banned
material, is 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, including software and applications or
communication services or learning management systems used by and under the supervision
or control of a public or private school, college, or university that are used for educational
purposes, are exempt from this section.
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new text begin Subd. 4. new text end

new text begin Short title. new text end

new text begin This section may be cited as the "Stop Online Targeting Against
Kids Act" or "SOTA Kids Act."
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new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2024.
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