H.R. 6266

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6266 Introduced in House (IH)]

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119th CONGRESS
1st Session
H. R. 6266

To amend section 230 of the Communications Act of 1934 to limit 
liability protection under that section for certain social media 
platforms, and for other purposes.

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

November 21, 2025

Mr. Kennedy of Utah (for himself and Mrs. McClain Delaney) introduced 
the following bill; which was referred to the Committee on Energy and 
Commerce

_______________________________________________________________________

A BILL

To amend section 230 of the Communications Act of 1934 to limit 
liability protection under that section for certain social media 
platforms, and for other purposes.

Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Algorithm Accountability Act''.

SEC. 2. LIMITATION OF LIABILITY PROTECTION FOR CERTAIN SOCIAL MEDIA 
PLATFORMS.

(a) In General.--Section 230 of the Communications Act of 1934 (47 
U.S.C. 230) is amended--
(1) by redesignating subsection (f) as subsection (g); and
(2) by inserting after subsection (e) the following:
``(f) Algorithmic Product Design Accountability.--
``(1) Duty of care in algorithmic design.--
``(A) In general.--A provider of a social media 
platform shall exercise reasonable care in the design, 
training, testing, deployment, operation, and 
maintenance of a recommendation-based algorithm on the 
social media platform to prevent bodily injury or death 
described in subparagraph (B) that a reasonable and 
prudent person would agree was--
``(i) reasonably foreseeable by the 
provider; and
``(ii) attributable, in whole or in part, 
to the design characteristics or performance of 
the recommendation-based algorithm.
``(B) Covered bodily injury or death.--Bodily 
injury or death described in this subparagraph, with 
respect to a social media platform, is bodily injury to 
or the death of a user of the social media platform, or 
bodily injury or death inflicted by a user of the 
social media platform upon another person, that arises 
from the operation of the recommendation-based 
algorithm.
``(C) Exception.--
``(i) In general.--Subparagraph (A) shall 
not apply to the ranking, ordering, promotion, 
recommendation, amplification, or similar 
curation of content that is effectuated--
``(I) by sorting information 
chronologically or reverse 
chronologically; or
``(II) to respond to an individual 
search for content on the social media 
platform initiated by a user.
``(ii) Exception limited to initial 
search.--Nothing in clause (i)(II) shall be 
construed to limit the applicability of 
subparagraph (A) to a provider of a social 
media platform, with respect to the activities 
of a recommendation-based algorithm, after a 
user of the social media platform navigates 
beyond the initially populated search results.
``(D) First amendment protections.--Nothing in 
subparagraph (A) shall be construed to authorize the 
Commission to enforce that subparagraph based on the 
viewpoint of a user of a social media platform or of an 
information content provider expressed by or through 
any speech, expression, or information protected by the 
First Amendment to the Constitution of the United 
States.
``(2) Enforcement.--
``(A) Loss of liability protection.--Subsection 
(c)(1) shall not apply to a provider of a social media 
platform that violates paragraph (1)(A) of this 
subsection.
``(B) Private right of action.--If a person suffers 
bodily injury or death as the result of a violation of 
paragraph (1)(A) by the provider of a social media 
platform, and the bodily injury or death meets the 
requirements under clauses (i) and (ii) of that 
paragraph and paragraph (1)(B), the person or, in the 
case of a minor or disabled person who suffers a bodily 
injury or any person who dies, the legal representative 
of such a person, may bring a civil action in a 
district court of the United States of competent 
jurisdiction against the provider for compensatory and 
punitive damages.
``(3) Invalidity of predispute agreements and waivers.--
``(A) In general.--No predispute arbitration 
agreement or predispute joint-action waiver (as those 
terms are defined in section 401 of title 9, United 
States Code) shall be valid or enforceable with respect 
to a dispute arising under this subsection.
``(B) Applicability.--Any determination as to the 
scope or manner of applicability of subparagraph (A) 
shall be made by a court, rather than an arbitrator, 
without regard to whether an agreement described in 
that subparagraph purports to delegate such 
determination to an arbitrator.
``(4) Relationship to other laws.--Nothing in this 
subsection or any regulation promulgated thereunder shall be 
construed to prohibit or otherwise affect the enforcement of 
any Federal law or regulation or State law or regulation that 
is at least as protective of users of social media platforms as 
this subsection and the regulations promulgated thereunder.
``(5) Severability.--If any provision of this subsection or 
the application of such provision to any person or circumstance 
is held to be unconstitutional, the remainder of this 
subsection and the application of the provision to any other 
person or circumstance shall not be affected.
``(6) Definitions .--In this subsection:
``(A) Recommendation-based algorithm.--The term 
`recommendation-based algorithm' means, with respect to 
a user of a social media platform, a fully or partially 
automated system used to rank, order, promote, 
recommend, amplify, or similarly curate content, 
including other users, hashtags, or posts, based on the 
personal data of the user, including the preferences, 
interests, behavior, or characteristics of the user.
``(B) Social media platform.--The term `social 
media platform'--
``(i) means a for-profit interactive 
computer service that--
``(I) permits a user to establish 
an account or create a profile for the 
purpose of allowing the user to create, 
share, or view content through the 
account or profile; and
``(II) primarily serves as a 
service through which a user described 
in subclause (I) interacts with 
content; and
``(ii) does not include an interactive 
computer service--
``(I) that serves fewer than 
1,000,000 registered users;
``(II) that is--
``(aa) an email program;
``(bb) an email 
distribution list;
``(cc) a wireless messaging 
service; or
``(dd) an online messaging 
service, the predominant or 
exclusive function of which is 
direct messaging, meaning 
messages are transmitted from 
the sender to a recipient and 
not posted within the 
interactive computer service or 
publicly;
``(III) that is a private platform 
or messaging service used by an entity 
solely to communicate with others 
employed by or affiliated with the 
entity;
``(IV) that is a teleconferencing 
or video conferencing service that 
allows reception and transmission of 
audio or video signals for real-time 
communication, provided that the real-
time communication is initiated by 
using a unique link or identifier to 
facilitate access; or
``(V) that is an internet-based 
platform whose primary purpose is--
``(aa) to allow users to 
post product reviews, business 
reviews, or travel information 
and reviews;
``(bb) internet commerce, 
which may include providing a 
comment section;
``(cc) to allow users to 
stream music, audiobooks, or 
podcasts; or
``(dd) news or sports 
coverage.''.
(b) Technical and Conforming Amendments.--
(1) Trademark act of 1946.--Section 45 of the Act entitled 
``An Act to provide for the registration and protection of 
trademarks used in commerce, to carry out the provisions of 
certain international conventions, and for other purposes'', 
approved July 5, 1946 (commonly known as the ``Trademark Act of 
1946'') (15 U.S.C. 1127), is amended, in the definition 
relating to the term ``Internet'', by striking ``section 
230(f)(1) of the Communications Act of 1934 (47 U.S.C. 
230(f)(1))'' and inserting ``section 230 of the Communications 
Act of 1934 (47 U.S.C. 230)''.
(2) Title 18, united states code.--Section 2421A of title 
18, United States Code, is amended--
(A) in subsection (a), by striking ``(as such term 
is defined in defined in section 230(f) the 
Communications Act of 1934 (47 U.S.C. 230(f)))'' and 
inserting ``(as that term is defined in section 230 of 
the Communications Act of 1934 (47 U.S.C. 230))''; and
(B) in subsection (b), by striking ``(as such term 
is defined in defined in section 230(f) the 
Communications Act of 1934 (47 U.S.C. 230(f)))'' and 
inserting ``(as that term is defined in section 230 of 
the Communications Act of 1934 (47 U.S.C. 230)''.
(3) Webb-kenyon act.--Section 3(b)(1) of the Act entitled 
``An Act divesting intoxicating liquors of their interstate 
character in certain cases'', approved March 1, 1913 (commonly 
known as the ``Webb-Kenyon Act'') (27 U.S.C. 122b(b)(1)), is 
amended by striking ``(as defined in section 230(f) of the 
Communications Act of 1934 (47 U.S.C. 230(f))'' and inserting 
``(as defined in section 230 of the Communications Act of 1934 
(47 U.S.C. 230))''.
(4) Title 31, united states code.--Section 5362(6) of title 
31, United States Code, is amended by striking ``section 230(f) 
of the Communications Act of 1934 (47 U.S.C. 230(f))'' and 
inserting ``section 230 of the Communications Act of 1934 (47 
U.S.C. 230)''.
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