Sec. 102. Duty of care
251 words·~1 min read·
/bill/119/s/1748/is/section-102A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
A covered platform shall exercise reasonable care in the creation and implementation of any design feature to prevent and mitigate the following harms to minors where a reasonable and prudent person would agree that such harms were reasonably foreseeable by the covered platform and would agree that the design feature is a contributing factor to such harms: Eating disorders, substance use disorders, and suicidal behaviors. Depressive disorders and anxiety disorders when such conditions have objectively verifiable and clinically diagnosable symptoms and are related to compulsive usage.
Patterns of use that indicate compulsive usage. Physical violence or online harassment activity that is so severe, pervasive, or objectively offensive that it impacts a major life activity of a minor. Sexual exploitation and abuse of minors. Distribution, sale, or use of narcotic drugs, tobacco products, cannabis products, gambling, or alcohol. Financial harms caused by unfair or deceptive acts or practices (as defined in section 5(a)(4) of the Federal Trade Commission Act ( 15 U.S.C. 45(a)(4) )).
Nothing in subsection
(a)shall be construed to require a covered platform to prevent or preclude any minor from— deliberately and independently searching for, or specifically requesting, content; or accessing resources and information regarding the prevention or mitigation of the harms described in subsection (a). Nothing in this section shall be construed to allow a government entity to enforce subsection
(a)based upon the viewpoint of users expressed by or through any speech, expression, or information protected by the First Amendment to the Constitution of the United States.
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