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SENATE FLOOR VERSION - SB932 SFLR Page 1
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SENATE FLOOR VERSION
February 27, 2025
AS AMENDED
SENATE BILL NO. 932 By: Jech of the Senate
and
Caldwell (Chad) of the
House
[ social media - cause of action – criteria -
rebuttable presumption - relief - liability -
remedies - settings – waiver or limitation -
codification - effective date ]
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 205 of Title 75A, unless there
is created a duplication in numbering, reads as follows:
A. As used in this act:
1. “Algorithmically curated” means social media platform user
engagement is primarily driven by a curation algorithm and
engagement driven design elements;
2. “Curation algorithm” means a computational process or set of
rules used by a social media platform that determines, influences,
or personalizes output that is designed to encourage prolonged or
frequent engagement;
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3. “Engagement driven design elements” means autoplay features
that continuously play content without requiring user interaction,
scroll or pagination that loads additional content as long as the
user continues to scroll, or push notifications;
4. “Excessive use” means the use of a social media platform by
a minor to an extent that the use substantially interferes with the
minor’s normal functioning in academic performance, sleep, in-person
relationships, mental health, or physical health;
5. “Minor” means an individual under eighteen (18) years of
age;
6. “Push notification” means an automatic electronic message
displayed on a user’s device, when the user interface for the social
media platform is not actively open or visible on the device, that
prompts the user to check or engage with the social media platform;
7. “Social media platform” means a website or internet medium
that:
a. permits a person to become a registered user,
establish an account, or create a profile for the
purpose of allowing users to create, share, and view
user-generated content through such an account or
profile,
b. enables one or more users to generate content that can
be viewed by other users of the medium, and
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c. primarily serves as a medium for users to interact
with content generated by other users of the medium;
and
8. “User” means a person who accesses or uses a social media
platform.
B. 1. A minor user who is a resident of this state or his or
her parent or legal guardian may bring a cause of action against a
social media platform in court for an adverse mental health outcome
arising, in whole or in part, from the minor’s excessive use of the
social media platform’s algorithmically curated service.
2. To recover damages in a cause of action brought pursuant to
this subsection, a person that brings the cause of action must
demonstrate:
a. that the minor user has been diagnosed by a licensed
mental health care provider with an adverse mental
health outcome, and
b. that the adverse mental health outcome was caused by
the minor user’s excessive use of an algorithmically
curated social media platform.
3. Except as provided in paragraph 4 of this subsection, a
person who brings an action pursuant to this subsection is entitled
to a rebuttable presumption that:
a. the minor user’s adverse mental health outcome was
caused, in whole or in part, by the minor user’s
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excessive use of the algorithmically curated social
media service, and
b. the minor user’s excessive use of the algorithmically
curated social media platform was caused, in whole or
in part, by the algorithmically curated social media
platform’s curation algorithm and engagement driven
design elements.
4. A social media company that complies with the provisions of
subsection C of this section is entitled to a rebuttable presumption
that:
a. the minor user’s adverse mental health outcome was not
caused, in whole or in part, by the minor user’s
excessive use of the algorithmically curated social
media platform, and
b. the minor user’s excessive use of the algorithmically
curated social media platform was not caused, in whole
or in part, by the algorithmically curated social
media platform’s curation algorithm and engagement
driven design elements.
5. If a court or fact finder finds that minor user of this
state suffered any adverse mental health outcome as a result of the
minor’s use of a social media platform’s algorithmically curated
service, the person seeking relief is entitled to:
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a. an award of reasonable attorney fees and court costs,
and
b. an amount equal to the greater of:
(1) Ten Thousand Dollars ($10,000.00) for each
adverse mental health outcome incidence, or
(2) the amount of actual damages.
6. A social media platform shall not be held liable based on
the content of material posted by users of the algorithmically
curated social media platform or for declining to restrict access to
or modify user posts based solely on the content of such posts.
7. Nothing in this subsection shall displace any other
available remedies or rights authorized by state or federal law.
C. 1. A person is not entitled to the rebuttable presumption
described in paragraph 3 of subsection B of this section and a
social media platform is entitled to the rebuttable presumption
described in paragraph 4 of subsection B of this section, if the
social media platform demonstrates to the court that the social
media platform:
a. limits a minor user who is a resident of this state’s
use of the algorithmically curated social media
platform to no more than three hours in a twenty-four-
hour period across all devices,
b. restricts a minor user who is a resident of this state
from accessing the algorithmically curated social
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media platform between the hours of 10:30 p.m. and
6:30 a.m.,
c. requires the parent or legal guardian of the minor who
is a resident of this state to consent to a minor
user’s use of the algorithmically curated social media
platform, and
d. disables engagement driven design elements for a minor
user’s account.
2. A social media platform may utilize settings that are
enabled at the device level to impose the requirements described in
this subsection; provided, however, a social media platform remains
liable to ensure that the minor user’s account is subject to the
restrictions pursuant to this subsection.
D. A waiver or limitation, or a purported waiver or limitation,
of any of the following is void and unlawful, is against public
policy, and a court or arbitrator may not enforce or give effect to
the waiver, notwithstanding any contract or choice-of-law provision
in a contract:
1. A protection or requirement provided pursuant to this
section;
2. The right to cooperate with or file a complaint with a
government agency;
3. The right to a private right of action as provided pursuant
to subsection B of this section; or
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4. The right to recover actual damages, statutory damages,
civil penalties, costs, or fees as authorized pursuant to this
section.
SECTION 2. This act shall become effective November 1, 2025.
COMMITTEE REPORT BY: COMMITTEE ON TECHNOLOGY AND TELECOMMUNICATIONS
February 27, 2025 - DO PASS AS AMENDED