SF 3933

2nd Engrossment - 92nd Legislature (2021 - 2022) Posted on 03/31/2022 08:24am

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) "Social media algorithm" means a technical means of sorting posts based on relevancy
instead of publishing time, in order to prioritize which content a user sees first according
to the likelihood that they will actually engage with such content.
new text end

new text begin (d) "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 service providers or e-mail.
new text end

new text begin (e) "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.
new text end

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 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 social media platform knew or had reason to know that the
individual account holder was under the age of 18. A social media platform 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