Bill Summary
The "Algorithm Accountability Act" aims to amend Section 230 of the Communications Act of 1934 to limit liability protections for certain social media platforms regarding their use of recommendation-based algorithms.
Key provisions include:
1. **Duty of Care**: Social media platforms are required to exercise reasonable care in the design and operation of algorithms that recommend content to users, particularly to prevent foreseeable bodily injury or death that may arise from the algorithm's performance.
2. **Liability**: If a platform fails to meet this duty of care and a user or third party suffers bodily harm or death as a result, the platform may lose its liability protection and can be sued for damages.
3. **Exceptions**: The duty of care does not apply to content sorting based on chronological order or direct user searches.
4. **Legal Recourse**: Individuals harmed due to a platform's violation can bring civil lawsuits, and predispute arbitration agreements related to these matters are deemed unenforceable.
5. **Definitions**: The bill clarifies terms like "recommendation-based algorithm" and "social media platform," establishing criteria for what constitutes a social media platform under this legislation.
Overall, the legislation seeks to hold social media companies accountable for the potential harms caused by their algorithmic designs while maintaining First Amendment protections for content and expression.
Possible Impacts
The "Algorithm Accountability Act," as outlined in the provided legislation, could have several impacts on individuals and society. Here are three examples:
1. **Increased Accountability for Social Media Platforms**: The act imposes a duty of care on social media platforms regarding their recommendation-based algorithms. This means that if users suffer bodily injury or death as a result of algorithmic recommendations, platforms could be held liable. For individuals, this could lead to safer online environments, as platforms may invest more in designing algorithms that minimize harmful content or behaviors, ultimately aiming to reduce the risk of violence or self-harm linked to their algorithms.
2. **Legal Recourse for Affected Individuals**: The legislation allows individuals or their legal representatives to sue social media companies for damages resulting from algorithmic failures. This provision empowers users by giving them a means to seek justice and compensation if they are harmed due to the platform's negligence in algorithm design or operation. This could lead to more significant legal actions against social media companies and may prompt them to reevaluate their algorithms to avoid litigation.
3. **Impact on Content Curation and User Experience**: The act limits liability protection for social media platforms concerning their recommendation algorithms, which could lead to changes in how content is curated and presented to users. Platforms may adopt more conservative approaches to content recommendations to avoid potential liability, which may result in less diverse or dynamic user experiences. Users could find themselves receiving less personalized content or fewer recommendations that reflect their interests, thereby affecting engagement and user satisfaction on these platforms.
[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6266 Introduced in House (IH)]
<DOC>
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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