SB2398 • 2026

Children

AN ACT to amend Tennessee Code Annotated, Title 39, Chapter 17, Part 9 and Title 47, Chapter 18, relative to consumer protection.

Children Parental Rights

Active

The official status still shows this bill as active or still awaiting another formal step.

Sponsor: Yarbro, Behn
Last action: 2026-03-10
Official status: Assigned to General Subcommittee of Senate Judiciary Committee
Effective date: Not listed

Plain English Breakdown

The official source material does not provide specific details on how many online platforms will be affected by the legislation.

Children's Online Safety Act

This bill requires large online platforms to have systems that allow users to report harmful content aimed at children and ensures these reports are handled properly.

What This Bill Does

Requires big websites or apps with over 10 million monthly U.S. users, which let people post harmful material for kids, to set up ways for users to report such content.
Makes sure that when someone reports something bad on a platform, the platform must respond within two days and fix the issue within seven business days.
Requires these platforms to keep records of all reported issues and their responses for three years.
Allows parents or guardians to sue if harmful material is not properly marked or restricted after being previously reported.
Gives the state attorney general power to investigate and punish platforms that repeatedly fail to follow rules.

Who It Names or Affects

Large online platforms with over 10 million monthly U.S. users
Parents or guardians of minors who access harmful material on these platforms

Terms To Know

Covered platform: A commercial online platform, website, or app that has more than 10 million monthly active U.S. users and allows posting of harmful content for minors without proper age verification.
Material harmful to minors: Content that is illegal under Tennessee law when accessed by children.

Limits and Unknowns

The bill does not apply to internet service providers, search engines, cloud storage services, email services, direct messaging apps without public posting features, news organizations, educational institution platforms, or government websites.
It is unclear how many online platforms will be affected by this law.

Bill History

2026-03-10 Tennessee General Assembly
Assigned to General Subcommittee of Senate Judiciary Committee
2026-03-09 Tennessee General Assembly
Placed on Senate Judiciary Committee calendar for 3/10/2026
2026-03-09 Tennessee General Assembly
Action deferred in Senate Judiciary Committee to 3/10/2026
2026-03-04 Tennessee General Assembly
Placed on Senate Judiciary Committee calendar for 3/9/2026
2026-02-05 Tennessee General Assembly
Passed on Second Consideration, refer to Senate Judiciary Committee
2026-02-05 Tennessee General Assembly
Assigned to s/c Banking & Consumer Affairs Subcommittee
2026-02-05 Tennessee General Assembly
P2C, ref. to Commerce Committee
2026-02-04 Tennessee General Assembly
Intro., P1C.
2026-02-03 Tennessee General Assembly
Filed for introduction
2026-02-02 Tennessee General Assembly
Introduced, Passed on First Consideration
2026-02-02 Tennessee General Assembly
Filed for introduction

Official Summary Text

This bill requires a covered platform to do
all of
the following:



Maintain a content moderation system that allows users to report material harmful to minors that is not properly marked or age-restricted.


Provide a clear and conspicuous reporting mechanism accessible from any page where user-generated content is displayed.


Acknowledge receipt of reports within 48 hours.


Review reported content and take appropriate action within seven business days of receiving a report, including removing the content; restricting access through age verification; properly marking the content; or providing a substantive explanation for why no action was warranted.


Maintain records of all reports received and actions taken for a period of three years from the date of receipt of such reports or such actions.

As used in this bill, a
"covered platform" is a commercial online platform, website, or application that has
10
million or more monthly active users in the United States; explicitly permits, in its published terms of service or content policies, the posting or distribution of material harmful to minors; and does not restrict all users' ability to access such materi
al through effective age verification methods.

This bill requires t
he reporting mechanism required
to
allow anonymous reporting; provide a unique tracking identifier for each report; allow users to check the status of their reports; and not require users to create an account to submit a report.

REPORTING REQUIREMENTS

This bill requires e
ach covered platform
to
publish a transparency report every six months that includes

the following
:



The total number of reports received.


The number and percentage of reports resulting in content removal.


The number and percentage of reports resulting in age restriction.


The average response time for addressing reports.


The number of accounts or users subject to enforcement action for repeatedly posting unmarked material harmful to minors.

This bill requires t
he reports
to
be published on the covered platform's website in a location easily accessible to the public. Covered platforms must provide copies of transparency reports to the attorney general within 30 days of publication.

PRIVATE CAUSE OF ACTION

This bill a
uthorize
s a parent or legal guardian of a minor who accesses material harmful to minors on a covered platform to bring a civil action against that covered platform if the following occurs:



The material was not properly age-restricted or marked.


The parent or legal guardian, or any other person, had previously reported substantially similar unmarked material from the same user or account to the covered platform.


The covered platform failed to take appropriate action on the prior report within the timeframe required.


The covered platform's failure to act constitutes a pattern of systematic failure.

In
such
an action,
this bill authorizes the
court
to
award
(i) a
ctual damages
; (ii) s
tatutory damages of $5,000 per violation, not to exceed $250,000 per action
; (iii) r
easonable court costs and attorney fees
; and injunctive relief. The
action must be brought within two years of the date the minor accessed the material. Venue for
the
action is in the county where the plaintiff resides or in Davidson County.

ENFORCEMENT BY THE
ATTORNEY GENERAL

This bill authorizes t
he attorney general
to
investigate potential violations and
to
issue civil investigative demands to covered platforms to determine compliance. If the attorney general has reason to believe a covered platform has engaged in a pattern of systematic failure to comply,
then
the attorney general may
do any of the following:



Seek injunctive relief requiring compliance.


Seek civil penalties of up to $10,000 per day for each day of continued noncompliance after a court order requiring compliance.


Recover reasonable court costs and attorney fees.

Before bringing an action,
this bill requires
the attorney general
to
provide written notice to the covered platform describing the alleged violations and providing 60 days to cure. Actions by the attorney general do not limit or preclude private
causes
of action.

EXEMPTIONS AND LIMITATIONS ON LIABILITY

This bill does not apply to any of the following:



Internet service providers.


Search engines.


Cloud storage providers.


Email services.


Direct messaging services that do not include public posting functionality.


News organizations.


Platforms operated by or on behalf of educational institutions.


Government websites.

Further, this bill provides that a
covered platform that implements and maintains systems and procedures reasonably designed to comply
with this bill
is not liable for either of the following:



Individual instances of user-posted material harmful to minors that are addressed within the timeframes required.


Content moderation decisions made in good faith, even if different moderation decisions might have been reasonable.

This bill does not require covered platforms to proactively monitor or screen all user-generated content; create liability for hosting user-generated content that complies with the platform's marking and age-restriction policies; limit covered platforms'
first amendment rights to establish their own content policies; or override protections provided by federal law, except as specifically provided in this bill.

Current Bill Text

Read the full stored bill text

HOUSE BILL 2522
By Behn

SENATE BILL 2398
By Yarbro
SB2398
012075
- 1 -

AN ACT to amend Tennessee Code Annotated, Title 39,
Chapter 17, Part 9 and Title 47, Chapter 18,
relative to consumer protection.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Title 47, Chapter 18, is amended by adding
the following as a new part:
47-18-3501. Part definitions.
As used in this part:
(1) "Content moderation system" means the policies, procedures, and
technological systems a covered platform uses to identify, review, and take
action on user-reported content;
(2) "Covered platform" means a commercial online platform, website, or
application that:
(A) Has ten million (10,000,000) or more monthly active users in
the United States;
(B) Explicitly permits, in its published terms of service or content
policies, the posting or distribution of material harmful to minors, as
described in § 39-17-911; and
(C) Does not restrict all users' ability to access such material
through effective age verification methods;
(3) "Effective age verification" means a commercially reasonable method
that:
(A) Requires users to provide government-issued identification;

- 2 - 012075

(B) Uses facial age estimation technology with documented
accuracy rates; or
(C) Employs other verification systems that provide reasonable
assurance that a user is eighteen (18) years of age or older;
(4) "Material harmful to minors" has the same meaning as described in §
39-17-911; and
(5) "Pattern of systematic failure" means at least three (3) documented
instances within a twelve-month period where a covered platform failed to
respond to properly submitted reports of unmarked material harmful to minors
within the timeframes established in this part.
47-18-3502. Platform obligations - Content reporting and response obligations.
(a) Each covered platform shall:
(1) Maintain a content moderation system that allows users to report
material harmful to minors that is not properly marked or age-restricted;
(2) Provide a clear and conspicuous reporting mechanism accessible
from any page where user-generated content is displayed;
(3) Acknowledge receipt of reports within forty-eight (48) hours;
(4) Review reported content and take appropriate action within seven (7)
business days of receiving a report, including:
(A) Removing the content;
(B) Restricting access through age verification;
(C) Properly marking the content; or
(D) Providing a substantive explanation for why no action was
warranted; and

- 3 - 012075

(5) Maintain records of all reports received and actions taken for a period
of three (3) years from the date of receipt of such reports or such actions.
(b) The reporting mechanism required under subsection (a) must:
(1) Allow anonymous reporting;
(2) Provide a unique tracking identifier for each report;
(3) Allow users to check the status of their reports; and
(4) Not require users to create an account to submit a report.
47-18-3503. Transparency requirements - Semi-annual transparency reports.
(a) Each covered platform shall publish a transparency report every six (6)
months that includes:
(1) The total number of reports received under this part;
(2) The number and percentage of reports resulting in content removal;
(3) The number and percentage of reports resulting in age restriction;
(4) The average response time for addressing reports; and
(5) The number of accounts or users subject to enforcement action for
repeatedly posting unmarked material harmful to minors.
(b) Reports required under subsection (a) must be published on the covered
platform's website in a location easily accessible to the public.
(c) Covered platforms shall provide copies of transparency reports to the
attorney general and reporter within thirty (30) days of publication.
47-18-3504. Enforcement - Private right of action.
(a) A parent or legal guardian of a minor who accesses material harmful to
minors on a covered platform may bring a civil action against that covered platform if:
(1) The material was not properly age-restricted or marked;

- 4 - 012075

(2) The parent or legal guardian, or any other person, had previously
reported substantially similar unmarked material from the same user or account
to the covered platform;
(3) The covered platform failed to take appropriate action on the prior
report within the timeframe required by this part; and
(4) The covered platform's failure to act constitutes a pattern of
systematic failure.
(b) In an action brought under subsection (a), a court may award:
(1) Actual damages;
(2) Statutory damages of five thousand dollars ($5,000) per violation, not
to exceed two hundred fifty thousand dollars ($250,000) per action;
(3) Reasonable court costs and attorney fees; and
(4) Injunctive relief.
(c) An action under this section must be brought within two (2) years of the date
the minor accessed the material.
(d) Venue for an action under this section is in the county where the plaintiff
resides or in Davidson County.
47-18-3505. Attorney general and reporter enforcement authority.
(a) The attorney general and reporter may investigate potential violations of this
part and may issue civil investigative demands to covered platforms to determine
compliance.
(b) If the attorney general and reporter has reason to believe a covered platform
has engaged in a pattern of systematic failure to comply with this part, the attorney
general and reporter may:
(1) Seek injunctive relief requiring compliance with this part;

- 5 - 012075

(2) Seek civil penalties of up to ten thousand dollars ($10,000) per day
for each day of continued noncompliance after a court order requiring
compliance; and
(3) Recover reasonable court costs and attorney fees.
(c) Before bringing an action under subsection (b), the attorney general and
reporter shall provide written notice to the covered platform describing the alleged
violations and providing sixty (60) days to cure.
(d) Actions by the attorney general and reporter under this section do not limit or
preclude private rights of action under § 47-18-3504.
47-18-3506. Exemptions.
This part does not apply to:
(1) Internet service providers;
(2) Search engines;
(3) Cloud storage providers;
(4) Email services;
(5) Direct messaging services that do not include public posting
functionality;
(6) News organizations;
(7) Platforms operated by or on behalf of educational institutions; or
(8) Government websites.
47-18-3507. Limitations on liability.
(a) A covered platform that implements and maintains systems and procedures
reasonably designed to comply with this part is not liable under this part for:
(1) Individual instances of user-posted material harmful to minors that are
addressed within the timeframes required by this part; or

- 6 - 012075

(2) Content moderation decisions made in good faith, even if different
moderation decisions might have been reasonable.
(b) This part does not:
(1) Require covered platforms to proactively monitor or screen all user-
generated content;
(2) Create liability for hosting user-generated content that complies with
the platform's marking and age-restriction policies;
(3) Limit covered platforms' first amendment rights to establish their own
content policies; or
(4) Override protections provided by 47 U.S.C. § 230, except as
specifically provided in this part.
SECTION 2. The headings in this act are for reference purposes only and do not
constitute a part of the law enacted by this act. However, the Tennessee Code Commission is
requested to include the headings in any compilation or publication containing this act.
SECTION 3. If any provision of this act or the application of any provision of this act to
any person or circumstance is held invalid, the invalidity does not affect other provisions or
applications of the act that can be given effect without the invalid provision or application, and to
that end, the provisions of this act are severable.
SECTION 4. This act takes effect January 1, 2027, the public welfare requiring it.