PRIOR PRINTER'S NO. 869 PRINTER'S NO. 1099
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 22
Session of
2023
INTRODUCED BY HUGHES, PHILLIPS-HILL, DILLON, PENNYCUICK,
FONTANA, HAYWOOD, AUMENT, COSTA, CULVER, BREWSTER,
CAPPELLETTI, KANE, SCHWANK, COLLETT, MUTH AND ROTHMAN,
JUNE 14, 2023
SENATOR PENNYCUICK, COMMUNICATIONS AND TECHNOLOGY, AS AMENDED,
SEPTEMBER 19, 2023
AN ACT
1 Amending Title 50 (Mental Health) of the Pennsylvania
2 Consolidated Statutes, providing for protection of minors on
3 social media; and imposing penalties.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Title 50 of the Pennsylvania Consolidated
7 Statutes is amended by adding parts to read:
8 Part <--
9 I. Preliminary Provisions (Reserved)
10 II. Minors
11 PART I. PRELIMINARY PROVISIONS
12 (Reserved).
13 PART II. MINORS
14 PART I <--
15 PRELIMINARY PROVISIONS
16 (RESERVED)
17 PART II
 1 MINORS
2 Chapter
3 10. Preliminary Provisions (Reserved)
4 11. Protecting Minors on Social Media
5 CHAPTER 10
6 PRELIMINARY PROVISIONS
7 (Reserved)
8 CHAPTER 11
9 PROTECTING MINORS ON SOCIAL MEDIA
10 Subchapter
11 A. General Provisions
12 B. Cause of Action UNLAWFUL ACTIVITY <--
13 C. Consent to Open an Account
14 D. Data
15 SUBCHAPTER A
16 GENERAL PROVISIONS
17 Sec.
18 1101. Scope of chapter.
19 1102. Legislative intent.
20 1103. Definitions.
21 § 1101. Scope of chapter.
22 This chapter relates to protecting minors on social media.
23 § 1102. Legislative intent.
24 The General Assembly finds and declares as follows:
25 (1) Social media use among American teenagers is nearly
26 universal. According to the Pew Research Center, 95% of teens
27 report using YouTube and 67% of teens have used TikTok, with
28 16% using it almost constantly.
29 (2) Social media platforms are designed to be addictive, <--
30 with teenagers at particular risk of excessive use. According
20230SB0022PN1099 - 2 -
 1 to the Pew Research Center, 54% of teens say it would be
2 difficult to give up social media entirely.
3 (3) Social media use is linked to negative feelings
4 among teens. A growing body of research, described in the
5 International Journal of Adolescence and Youth and elsewhere,
6 has found that increased social media use is associated with
7 greater rates of depression and anxiety in teens. Additional
8 research published in the Children and Youth Services Review
9 describe a trend in which social media use can trigger and
10 accelerate offline violence.
11 (4) Rates of suicide and self-harm among American
12 teenagers have grown dramatically in recent years. The
13 Centers for Disease Control and Prevention have found that,
14 in 2021, three in five girls felt persistently sad and
15 hopeless, while more than one in four girls reported
16 seriously considering attempting suicide. These rates have
17 increased significantly since 2011.
18 (5) Federal and State policymakers are beginning to
19 recognize the risks that social media use place on American
20 youth. A number of recent policy proposals provide parents
21 and guardians of teenagers with greater oversight over their
22 children's social media use.
23 (6) In May 2023, the United States Surgeon General
24 released a health advisory finding that social media can <--
25 "have a profound risk of harm to the mental health and well-
26 being of children and adolescents." The advisory recommends
27 policies that limit access to social media and require
28 greater protection of data relating to children and
29 adolescents. "MORE RESEARCH IS NEEDED TO FULLY UNDERSTAND THE <--
30 IMPACT OF SOCIAL MEDIA; HOWEVER, THE CURRENT BODY OF EVIDENCE
20230SB0022PN1099 - 3 -
 1 INDICATES THAT WHILE SOCIAL MEDIA MAY HAVE BENEFITS FOR SOME
2 CHILDREN AND ADOLESCENTS, THERE ARE AMPLE INDICATORS THAT
3 SOCIAL MEDIA CAN ALSO HAVE A PROFOUND RISK OF HARM TO THE
4 MENTAL HEALTH AND WELL-BEING OF CHILDREN AND ADOLESCENTS."
5 THE ADVISORY RECOMMENDS A RANGE OF POLICIES TO CONSIDER,
6 INCLUDING "POLICIES THAT FURTHER LIMIT ACCESS - IN WAYS THAT
7 MINIMIZE THE RISK OF HARM - TO SOCIAL MEDIA FOR ALL CHILDREN,
8 INCLUDING STRENGTHENING AND ENFORCING AGE MINIMUMS."
9 (7) In addition to empowering parents and guardians to
10 protect children against these risks, policymakers are
11 establishing mechanisms to hold social media companies
12 accountable for harms to children and youth.
13 (8) Greater oversight of social media platforms will
14 enable families in this Commonwealth to use online tools in a
15 more productive and healthy fashion.
16 § 1103. Definitions.
17 As used in this chapter, the following words and phrases
18 shall have the meanings given to them in this section unless the
19 context clearly indicates otherwise:
20 "Account." Any means of registration by which an individual
21 may engage in one or more functions of a social media platform.
22 "Algorithmic recommendation." A fully or partially automated <--
23 system that suggests, promotes or ranks information for, or
24 presents advertising to, an individual.
25 "Delete." To remove personal information such that the
26 information is not retrievable by anyone and cannot be retrieved
27 in the normal course of business.
28 "Mine." The activity or process of searching through large
29 amounts of information for specific data or patterns.
30 "Minor." Except as provided in section 1131 (relating to
20230SB0022PN1099 - 4 -
 1 definitions), an individual who is less than 16 years of age.
2 "Personal information." As defined in 15 U.S.C. § 6501
3 (relating to definitions).
4 "PERSONALIZED RECOMMENDATION SYSTEM." A FULLY OR PARTIALLY <--
5 AUTOMATED SYSTEM THAT IS BASED ON A USER'S HISTORICAL ACTIVITY
6 DATA AND WHICH SUGGESTS, PROMOTES OR RANKS INFORMATION THAT IS
7 PRESENTED OR DISPLAYED TO USERS.
8 "School entity." A school district, intermediate unit, area
9 career and technical school, charter school or private
10 residential rehabilitative institution.
11 "Social media company." A person that owns or operates one
12 or more social media platforms.
13 "Social media platform." A public or semi-public Internet- <--
14 based service or application that has users in this Commonwealth
15 and that meets all of the following:
16 (1) A substantial function of the service or application
17 is to connect users in order to allow users to interact
18 socially with each other within the service or application.
19 (2) The service or application allows users to do one or
20 more of the following:
21 (i) Construct a public or semi-public profile for
22 purposes of signing into and using the service or
23 application.
24 (ii) Populate a list of other users with whom an
25 individual shares a social connection within the system.
26 (iii) Create or post content viewable by other
27 users, including on message boards, in chat rooms or
28 through a landing page or main feed that presents the
29 user with content generated by other users.
30 SUBCHAPTER B
20230SB0022PN1099 - 5 -
 1 CAUSE OF ACTION
2 Sec.
3 1110. Cause of action.
4 § 1110. Cause of action.
5 (a) Establishment.--A parent or legal guardian of a minor
6 may bring a civil cause of action against a social media company
7 that intentionally, knowingly, recklessly or negligently causes
8 or encourages a minor to access content which subjects the minor
9 to a risk of emotional or physical harm, which adversely affects
10 the mental health or dignity of the minor or that creates a
11 reasonable likelihood of bodily injury or death to the minor.
12 Prohibited activity under this subsection may include:
13 (1) Causing or encouraging access to content that
14 encourages eating disorders, violence, substance abuse,
15 sexual exploitation and suicide or discusses means of
16 suicide.
17 (2) The use of features that attempt to maximize time,
18 attention and engagement of a minor on social media.
19 (3) The use of tools that adversely affect the health,
20 emotional and physical development of a minor.
21 "SOCIAL MEDIA PLATFORM." A PUBLIC OR SEMIPUBLIC INTERNET- <--
22 BASED SERVICE OR APPLICATION THAT HAS USERS IN THIS COMMONWEALTH
23 AND THAT MEETS ALL OF THE FOLLOWING CRITERIA:
24 (1) A SUBSTANTIAL FUNCTION OF THE SERVICE OR APPLICATION
25 IS TO CONNECT USERS IN ORDER TO ALLOW USERS TO INTERACT
26 SOCIALLY WITH EACH OTHER WITHIN THE SERVICE OR APPLICATION,
27 PROVIDED THAT A SERVICE OR APPLICATION THAT PROVIDES EMAIL OR
28 DIRECT MESSAGING SERVICES OR CLOUD COMPUTING SHALL NOT BE
29 CONSIDERED TO MEET THIS CRITERION SOLELY ON THE BASIS OF THAT
30 FUNCTION.
20230SB0022PN1099 - 6 -
 1 (2) THE SERVICE OR APPLICATION ALLOWS USERS TO DO ALL OF
2 THE FOLLOWING:
3 (I) CONSTRUCT A PUBLIC OR SEMIPUBLIC PROFILE FOR
4 PURPOSES OF SIGNING INTO AND USING THE SERVICE OR
5 APPLICATION.
6 (II) POPULATE A LIST OF OTHER USERS WITH WHOM AN
7 INDIVIDUAL SHARES A SOCIAL CONNECTION WITHIN THE SYSTEM.
8 (III) CREATE OR POST CONTENT VIEWABLE BY OTHER
9 USERS, INCLUDING, BUT NOT LIMITED TO, ON MESSAGE BOARDS,
10 IN CHAT ROOMS OR THROUGH A LANDING PAGE OR MAIN FEED THAT
11 PRESENTS THE USER WITH CONTENT GENERATED BY OTHER USERS.
12 SUBCHAPTER B
13 UNLAWFUL ACTIVITY
14 SEC.
15 1110. UNLAWFUL ACTIVITY.
16 § 1110. UNLAWFUL ACTIVITY.
17 (A) UNLAWFUL ACTIVITY.--IT SHALL BE UNLAWFUL FOR A SOCIAL
18 MEDIA COMPANY OR A SOCIAL MEDIA PLATFORM TO INTENTIONALLY,
19 KNOWINGLY, RECKLESSLY OR NEGLIGENTLY CAUSE OR ENCOURAGE A MINOR
20 TO ACCESS CONTENT WHICH THE SOCIAL MEDIA COMPANY KNOWS OR SHOULD
21 HAVE KNOWN SUBJECTS ONE OR MORE MINORS TO HARM THAT IS
22 DETRIMENTAL TO THE PHYSICAL HEALTH, MENTAL HEALTH OR THE WELL-
23 BEING OF A MINOR OR THAT CREATES A REASONABLE LIKELIHOOD OF
24 BODILY INJURY OR DEATH TO THE MINOR.
25 (B) EXCLUSIVE JURISDICTION.--THE ATTORNEY GENERAL SHALL HAVE
26 EXCLUSIVE JURISDICTION FOR VIOLATIONS OF THIS SECTION.
27 (b) (C) Damages.--A court of competent jurisdiction may <--
28 award damages as provided under this subsection. In determining
29 the extent of injury, the court shall consider the damage caused
30 to the minor due to utilization of a social media platform by
20230SB0022PN1099 - 7 -
 1 the minor. The court may award:
2 (1) Actual costs incurred as a result of the damage,
3 including costs associated with counseling services, doctors
4 visits, treatment and co-pays.
5 (2) Reasonable attorney fees and court costs. ACTUAL <--
6 ATTORNEY FEES AND COURT COSTS INCURRED BY THE ATTORNEY
7 GENERAL.
8 (3) Punitive damages determined by the court.
9 (4) Consequential damages, if harm to reputation
10 occurred, as determined by the court.
11 (D) DEPOSIT.--DAMAGES RECOVERED UNDER SUBSECTION (C)(3) AND <--
12 (4) SHALL BE DEPOSITED INTO THE SCHOOL SAFETY AND SECURITY FUND
13 TO BE USED EXCLUSIVELY FOR MENTAL HEALTH-RELATED SERVICES FOR
14 STUDENTS.
15 (c) (E) Remedies preserved.--Nothing under this section <--
16 shall be construed to limit the ability of a person to receive a <--
17 civil penalty under this chapter. ATTORNEY GENERAL'S ABILITY TO <--
18 BRING AN ACTION UNDER OTHER PROVISIONS OF LAW.
19 (d) (F) Good faith.--It shall be a defense to a cause of AN <--
20 action under subsection (a) if a social media company takes good
21 faith actions, as determined by a court of competent
22 jurisdiction, to protect a minor from harm while using the <--
23 social media company's platform. CONTENT THAT THE SOCIAL MEDIA <--
24 COMPANY KNEW OR SHOULD HAVE KNOWN SUBJECTS A MINOR TO HARM AND
25 IS DETRIMENTAL TO THE PHYSICAL HEALTH, MENTAL HEALTH OR THE
26 WELL-BEING OF A MINOR OR THAT CREATES A REASONABLE LIKELIHOOD OF
27 BODILY INJURY OR DEATH TO THE MINOR RESULTING FROM THE USE OF
28 THE SOCIAL MEDIA COMPANY'S PLATFORM.
29 SUBCHAPTER C
30 CONSENT TO OPEN AN ACCOUNT
20230SB0022PN1099 - 8 -
 1 Sec.
2 1121. Applicability.
3 1122. Approval prohibited AGE ASSURANCE. <--
4 1123. Duties.
5 1124. Revocation of consent.
6 1125. Violations.
7 § 1121. Applicability.
8 This subchapter shall apply to accounts opened on or after
9 the effective date of this section.
10 § 1122. Approval prohibited. <--
11 A social media company may not approve the creation of an
12 account for a minor or allow a minor to open or operate an
13 account without affirmative written consent of the minor's
14 parent or legal guardian.
15 § 1123. Duties.
16 (a) Attorney General.--The Office of Attorney General shall
17 develop and make available on their publicly accessible Internet
18 website a form that may be used by a parent or legal guardian to
19 provide consent for a minor to open a social media account. The
20 Attorney General shall transmit a copy of the form to each
21 social media company.
22 (b) Social media company.--Each social media company shall
23 post in a conspicuous place on each of their social media
24 platforms notice that written consent by the minor's parent or
25 legal guardian shall be required prior to opening an account.
26 The social media platform shall allow for a parent or legal
27 guardian to submit, electronically or via mail service, a
28 completed consent notification form developed by the Attorney
29 General under subsection (a). A social media platform may
30 include a method for a parent or legal guardian to provide
20230SB0022PN1099 - 9 -
 1 written consent as required by this chapter via electronic
2 means. Any electronic consent included in a social media
3 platform must include the same information as required by the
4 form developed by the Attorney General's office under subsection
5 (a).
6 (c) Failure to obtain consent.--To the extent possible, if a
7 minor opens a social media account without written consent by
8 their parent or legal guardian, the social media company shall,
9 within 24 hours of discovery of the failure to obtain the
10 consent:
11 (1) suspend the social media account; and
12 (2) notify the parent or legal guardian that the minor
13 has attempted to open a social media account without their
14 consent.
15 (d) Social media account access.--If a parent or legal
16 guardian provides written consent to a minor to open a social
17 media account under this section, the social media company shall
18 ensure a parent or legal guardian has the same access to the
19 minor's account as if they were the account holder.
20 (e) Notice of alleged violation.--A social media company
21 shall develop and post notice on its website of the methods,
22 such as electronic and telephonic means, by which a minor's
23 parent or legal guardian may notify the social media company
24 that the minor has opened a social media account on its social
25 media platform without the required written consent.
26 § 1122. AGE ASSURANCE. <--
27 UTILIZING COMMERCIALLY AVAILABLE BEST PRACTICES, A SOCIAL
28 MEDIA PLATFORM SHALL MAKE COMMERCIALLY REASONABLE EFFORTS TO
29 VERIFY THE AGE OF USERS UPON THE CREATION OF AN ACCOUNT, WITH A
30 LEVEL OF CERTAINTY APPROPRIATE TO THE RISKS THAT ARISE FROM THE
20230SB0022PN1099 - 10 -
 1 INFORMATION MANAGEMENT PRACTICES OF THE SOCIAL MEDIA COMPANY, OR
2 APPLY THE ACCOMMODATIONS AFFORDED TO MINORS UNDER THIS CHAPTER
3 TO ALL ACCOUNT HOLDERS.
4 § 1123. DUTIES.
5 (A) GENERAL RULE.--A SOCIAL MEDIA COMPANY MAY NOT PERMIT A
6 MINOR RESIDING IN THIS COMMONWEALTH