Sec. 4. Regulation of acts and practices on child-directed platforms
876 words·~4 min read·
/bill/117/hr/5439/ih/section-4·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
It is unlawful for an operator to operate or provide— an online platform or a portion of an online platform directed to children that incorporates an interface element described in subparagraph (B); and any online platform that employs an interface element described in subparagraph
(B)with respect to a user if the operator has actual or constructive knowledge that the user is a covered user. The interface elements described in this subparagraph are the following: Any auto-play setting that, without input from the covered user, commences additional video content directly following the video content initially selected by the user. Messages or alerts that encourage a covered user who is not actively using the platform to engage with the platform. Displaying the quantity of positive engagement or feedback that a covered user has received from other users. Any interface element or setting that unfairly encourages a covered user, due to their age or inexperience, to share personal information, submit content, or spend more time engaging with the platform. Any interface element that provides a covered user with badges or other visual award symbols based on elevated levels of engagement with the platform. Any interface element that maximizes a covered user’s spending on the platform, unfairly encourages a covered user to spend money on the platform, facilitates a financial transaction by a covered user on the platform without notification to the covered user's parent, or facilitates a financial transaction by a covered user on the platform that is not in the interest of the covered user. Not later than 1 year after the date of enactment of this Act and not less frequently than every 5 years thereafter, the Commission shall promulgate regulations under section 553 of title 5, United States Code, that establish any additions or exceptions to the prohibitions under paragraph (1). The Commission may only establish such an exception on the basis that the exception is necessary to provide essential functionality for an online platform and is consistent with the best interests of covered users. It shall be unlawful for an operator to operate or provide— an online platform or portion of an online platform directed to children that employs an algorithmic process described in paragraph
(2)on the platform; any online platform that employs an algorithmic process described in paragraph
(2)with respect to a user of the platform if the operator of the platform has actual or constructive knowledge that the user is a covered user; and an online platform that does not include a mechanism for users or other third parties to report suspected violations of any requirement of this paragraph. An algorithmic process described in this paragraph is an algorithmic process that amplifies, promotes, or encourages covered users' consumption of videos and other forms of content that— are of a non-educational nature (as determined by the Commission); and involve— sexual material; promotion of physical or emotional violence or activities that can reasonably be assumed to result in physical or emotional harm, including self-harm, use of weapons, and bullying; activities that are unlawful for covered users to engage in or the promotion of such activities; or wholly commercial content that is not reasonably recognizable as such to a covered user. It shall be unlawful for an online operator to operate or provide— an online platform or portion of an online platform directed to children that employs an algorithmic process to present any of the content described in paragraph
(2)to users of the platform; and any online platform that employs an algorithmic process to present any of the content described in paragraph
(2)to a covered user if the operator of the platform has actual or constructive knowledge that the user is a covered user. The content described in this paragraph is the following: Content that includes host-selling. Program-length advertisements. Influencer marketing. Online advertising or material with considerable commercial content involving alcohol, nicotine, or tobacco. Online advertising or material with considerable commercial content with any imbedded interactive elements that take advantage of covered users' inexperience or credulity in noncommercial child-directed content. Content that includes product placement. For purposes of this subsection, the term program-length advertisement shall be defined by the Commission through regulation or other public guidance. It shall be unlawful for an online platform to use age verification information collected from a covered user for any commercial purpose if— the online platform is directed to children; or the operator of the online platform has constructive knowledge that the user is a covered user. The Commission shall promulgate regulations in accordance with section 553 of title 5, United States Code, to require any online platform or portion of an online platform that is directed to children, or with respect to which the operator of the platform or portion of the platform has constructive knowledge that covered users use the platform or portion of the platform, to incorporate online visual elements or other indicators that distinguish commercial content from noncommercial content. The Commission shall promulgate, in accordance with section 553 of title 5, United States Code, such rules as may be necessary to carry out this section. The requirements of this section shall apply to online platforms beginning on the date that is 1 year after the date of enactment of this Act.