Summary
# Social Media Child Protection Act (H.R. 821) - Plain English Summary
## WHAT THIS BILL DOES
This bill requires social media platform companies to stop children under 16 years old from using their services. Companies must verify the age of everyone who wants to access their platforms before allowing them on. The bill also requires companies to protect user information and sets up ways for the government and parents to take legal action if companies break these rules.
## WHO IT AFFECTS
Social media platform providers (companies that operate social media websites), children under 16 years old, parents of children, the Federal Trade Commission, state attorneys general, and any individual who wants to access a social media platform.
## KEY PROVISIONS
- Social media platform providers must prevent children under 16 from accessing their platforms and must verify the age of all users before granting access. This can be done by requesting government-issued identification like a birth certificate or driver's license, or by using another reasonable verification method. (Sec. 2(a))
- Platform providers must set up and maintain reasonable procedures to protect the privacy, security and integrity of personal information collected from users. (Sec. 2(a))
- Violations of these requirements are treated as unfair or deceptive business practices, and the Federal Trade Commission can enforce the law using its standard enforcement powers. (Sec. 2(b)(1))
- State attorneys general can file lawsuits in federal court to stop violations and get compensation for state residents, and they must notify the Federal Trade Commission before filing such lawsuits unless doing so is not practical. (Sec. 2(b)(2))
- Parents of children harmed by violations can file their own lawsuits in federal court to stop the violations and receive damages. (Sec. 2(b)(3))
## WHAT CHANGES
If this bill becomes law, social media platforms will be prohibited from allowing children under 16 to create accounts or use their services. All platforms must put age verification systems in place before allowing anyone to access their services. The Federal Trade Commission gains enforcement authority over these requirements. Additionally, states and parents gain new legal rights to sue companies that violate these rules.
## IMPORTANT DEFINITIONS
- **Child**: An individual under the age of 16. (Sec. 2(d)(2))
- **Access**: To establish an account, create a profile, or create, share, or view user-generated content (material created by users themselves) through such account or profile. (Sec. 2(d)(1))
- **Social Media Platform**: A website or internet service that lets people establish accounts or profiles to create, share and view user-generated content, enables users to generate content viewable by other users, and primarily works as a place for users to interact with content from other users. The bill specifically includes Facebook, Twitter, Instagram, Snapchat and TikTok. (Sec. 2(d)(6))
- **Personal Information**: Individually identifiable information collected online, including first and last name, home address, email address, telephone number, Social Security number, or any other information the Federal Trade Commission determines allows contacting a specific individual. (Sec. 2(d)(5))
## EFFECTIVE DATE
This law takes effect 90 days after the date the bill is signed into law. (Sec. 2(e))
I
118TH CONGRESS
1ST SESSION
H. R. 821
To require providers of social media platforms to prohibit children under
the age of 16 from accessing such social media platforms, and for
other purposes.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 2, 2023
Mr. STEWART introduced the following bill; which was referred to the
Committee on Energy and Commerce
A BILL
To require providers of social media platforms to prohibit
children under the age of 16 from accessing such social
media platforms, and for other purposes.
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
2
SECTION 1. SHORT TITLE.
3
This Act may be cited as the ‘‘Social Media Child
4
Protection Act’’.
5
SEC. 2. REQUIREMENTS FOR SOCIAL MEDIA PLATFORMS.
6
(a) IN GENERAL.—A provider of a social media plat-
7
form—
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•HR 821 IH
(1) may not permit a child to access such social
1
media platform;
2
(2) may not permit any individual to access
3
such social media platform unless such provider has
4
verified the age of such individual by—
5
(A) requiring such individual to provide a
6
valid identity document issued by the Federal
7
Government or a State or local government,
8
such as a birth certificate, driver’s license, or
9
passport; or
10
(B) using another reasonable method of
11
verification (taking into consideration available
12
technology); and
13
(3) shall establish and maintain reasonable pro-
14
cedures to protect the confidentiality, security, and
15
integrity of the personal information of users and
16
prospective users of such social media platform,
17
which shall be consistent with the procedures re-
18
quired under section 1303(b)(1)(D) of the Children’s
19
Online Privacy Protection Act of 1998 (15 U.S.C.
20
6502(b)(1)(D)).
21
(b) ENFORCEMENT.—
22
(1) ENFORCEMENT BY FEDERAL TRADE COM-
23
MISSION.—
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(A) UNFAIR OR DECEPTIVE ACTS OR PRAC-
1
TICES.—A violation of this section shall be
2
treated as a violation of a regulation under sec-
3
tion 18(a)(1)(B) of the Federal Trade Commis-
4
sion Act (15 U.S.C. 57a(a)(1)(B)) regarding
5
unfair or deceptive acts or practices.
6
(B) POWERS OF COMMISSION.—The Com-
7
mission shall enforce this section in the same
8
manner, by the same means, and with the same
9
jurisdiction, powers, and duties as though all
10
applicable terms and provisions of the Federal
11
Trade Commission Act (15 U.S.C. 41 et seq.)
12
were incorporated into and made a part of this
13
section. Any person who violates this section
14
shall be subject to the penalties and entitled to
15
the privileges and immunities provided in the
16
Federal Trade Commission Act.
17
(2) ACTIONS BY STATES.—
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(A) IN GENERAL.—
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(i) CIVIL ACTIONS.—In any case in
20
which the attorney general of a State has
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reason to believe that an interest of the
22
residents of such State has been or is
23
threatened or adversely affected by the en-
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gagement of a provider of a social media
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platform in an act or practice that violates
1
this section, the State, as parens patriae,
2
may bring a civil action on behalf of the
3
residents of the State in a district court of
4
the United States of appropriate jurisdic-
5
tion to—
6
(I) enjoin such act or practice;
7
(II) enforce compliance with this
8
section;
9
(III) obtain damages, restitution,
10
or other compensation on behalf of
11
residents of the State; or
12
(IV) obtain such other relief as
13
the court may consider to be appro-
14
priate.
15
(ii) NOTICE.—
16
(I) IN
GENERAL.—Before filing
17
an action under clause (i), the attor-
18
ney general of the State involved shall
19
provide to the Commission—
20
(aa) written notice of such
21
action; and
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(bb) a copy of the complaint
23
for such action.
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(II) EXEMPTION.—
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(aa)
IN
GENERAL.—Sub-
1
clause (I) shall not apply with re-
2
spect to the filing of an action by
3
an attorney general of a State
4
under this subparagraph, if the
5
attorney general determines that
6
it is not feasible to provide the
7
notice described in such sub-
8
clause before the filing of such
9
action.
10
(bb) NOTIFICATION.—In an
11
action described in item (aa), the
12
attorney general of a State shall
13
provide notice and a copy of the
14
complaint to the Commission at
15
the same time as the attorney
16
general files such action.
17
(B) INTERVENTION.—
18
(i) IN GENERAL.—On receiving notice
19
under subparagraph (A)(ii), the Commis-
20
sion shall have the right to intervene in the
21
action that is the subject of such notice.
22
(ii) EFFECT
OF
INTERVENTION.—If
23
the Commission intervenes in an action
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•HR 821 IH
under subparagraph (A), it shall have the
1
right—
2
(I) to be heard with respect to
3
any matter that arises in such action;
4
and
5
(II) to file a petition for appeal.
6
(C) CONSTRUCTION.—For purposes of
7
bringing any civil action under subparagraph
8
(A), nothing in this section shall be construed
9
to prevent an attorney general of a State from
10
exercising the powers conferred on the attorney
11
general by the laws of that State to—
12
(i) conduct investigations;
13
(ii) administer oaths or affirmations;
14
or
15
(iii) compel the attendance of wit-
16
nesses or the production of documentary
17
and other evidence.
18
(3) PRIVATE RIGHT OF ACTION.—A parent of a
19
child injured by a violation of this section by a pro-
20
vider of a social media platform may bring in a dis-
21
trict court of the United States of appropriate juris-
22
diction a civil action to—
23
(A) enjoin the violation;
24
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•HR 821 IH
(B) obtain compensatory damages and pu-
1
nitive damages; or
2
(C) obtain such other relief as the court
3
may consider to be appropriate.
4
(c) REVIEW AND REPORT TO CONGRESS.—Not later
5
than 18 months after the date of the enactment of this
6
Act, the Commission shall—
7
(1) review the implementation of this section,
8
including the effects of the implementation of this
9
section on providers of social media platforms, the
10
efforts of the Commission to ensure such providers
11
comply with this section and the successfulness of
12
such efforts, any violations of this section by such
13
providers, and the actions taken by such providers to
14
verify the age and identity of users and prospective
15
users of the social media platforms of such pro-
16
viders; and
17
(2) submit to Congress a report on the results
18
of the review described in paragraph (1).
19
(d) DEFINITIONS.—In this section:
20
(1) ACCESS.—The term ‘‘access’’ means, with
21
respect to a social media platform—
22
(A) to establish an account on such social
23
media platform;
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•HR 821 IH
(B) to create a profile on such social media
1
platform; or
2
(C) to create, share, or view user-generated
3
content through such account or profile.
4
(2) CHILD.—The term ‘‘child’’ means an indi-
5
vidual under the age of 16.
6
(3) COMMISSION.—The term ‘‘Commission’’
7
means the Federal Trade Commission.
8
(4) PARENT.—The term ‘‘parent’’ has the
9
meaning given such term in section 1302 of the
10
Children’s Online Privacy Protection Act of 1998
11
(15 U.S.C. 6501).
12
(5) PERSONAL INFORMATION.—The term ‘‘per-
13
sonal information’’ means individually identifiable
14
information about an individual collected online, in-
15
cluding—
16
(A) a first and last name;
17
(B) a home or other physical address, in-
18
cluding street name and name of a city or town;
19
(C) an email address;
20
(D) a telephone number;
21
(E) a Social Security number; or
22
(F) any other information the Commission
23
determines permits the physical or online con-
24
tacting of a specific individual.
25
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•HR 821 IH
(6) SOCIAL MEDIA PLATFORM.—
1
(A) IN GENERAL.—The term ‘‘social media
2
platform’’ means a website or other internet
3
medium that does the following:
4
(i) Permits a person to establish an
5
account or create a profile for the purpose
6
of allowing users to create, share, and view
7
user-generated content through such ac-
8
count or profile.
9
(ii) Enables 1 or more users to gen-
10
erate content that can be viewed by other
11
users of such medium.
12
(iii) Primarily serves as a medium for
13
users to interact with content generated by
14
other users of such medium.
15
(B) INCLUSION.—The term ‘‘social media
16
platform’’
includes
Facebook,
Twitter,
17
Instagram, Snapchat, and TikTok.
18
(7) STATE.—The term ‘‘State’’ means each
19
State of the United States, the District of Columbia,
20
each commonwealth, territory, or possession of the
21
United States, and each federally recognized Indian
22
Tribe.
23
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•HR 821 IH
(e) EFFECTIVE DATE.—This section shall take effect
1
on the date that is 90 days after the date of the enactment
2
of this Act.
3
Æ
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