(A) provided through a website, online ap-
plication, or mobile application (including a sin-
gle interactive computer service that is provided 
through more than 1 such website or applica-
tion); 
(B) through which information provided by 
another information content provider is distrib-
uted; 
(C) that enables an individual user to cre-
ate an account for the purpose of viewing, gen-
erating, or modifying content that can be 
viewed, shared, or otherwise interacted with by 
other third-party users of the interactive com-
puter service; and 
(D) that does not have peer-to-peer mes-
saging as its principal function; 
(2) the term ‘‘interactive computer service’’ has 
the meaning given the term in section 230 of the 
Communications Act of 1934 (47 U.S.C. 230); and 
(3) the term ‘‘social media company’’— 
(A) means a company that provides, in or 
affecting interstate or foreign commerce, a cov-
ered interactive computer service; and 
(B) does not include an organization de-
scribed in section 501(c) of the Internal Rev-
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enue Code of 1986 and exempt from taxation 
under section 501(a) of such Code. 
(b) LIABILITY.—A social media company shall be lia-
ble in accordance with this section to any individual who 
suffers bodily injury or harm to mental health that is at-
tributable, in whole or in part, to the individual’s use of 
a covered interactive computer service provided by the so-
cial media company when the individual was less than 16 
years of age. 
(c) PRIVATE RIGHT OF ACTION.—An individual who 
suffers bodily injury or harm to mental health that is at-
tributable, in whole or in part, to the individual’s use of 
a covered interactive computer service provided by a social 
media company as described in subsection (b) may bring 
a civil action against the social media company in an ap-
propriate district court of the United States or a State 
court of competent jurisdiction for— 
(1) compensatory damages in an amount equal 
to the greater of— 
(A) the amount obtained by— 
(i) for each year in which the indi-
vidual suffered such injury or harm attrib-
utable, in whole or in part, to such use, di-
viding— 
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(I) the annual revenue of the so-
cial media company in the United 
States during that year, by 
(II) the number of active users of 
the covered interactive computer serv-
ice during the month that had the 
fewest such users during that year; 
and 
(ii) adding together the amounts cal-
culated under clause (i) for each year in 
which the individual suffered such injury 
or harm attributable, in whole or in part, 
to such use; or 
(B) actual damages; 
(2) punitive damages; and 
(3) attorney’s fees and costs. 
(d) AFFIRMATIVE DEFENSE.—It shall be an affirma-
tive defense to an action brought by or on behalf of a user 
of a covered interactive computer service provided by a 
social media company under subsection (c) that the social 
media company, at all relevant times— 
(1) took reasonable, affirmative steps to ascer-
tain the age of each user of the covered interactive 
computer service; and 
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(2) did not know and had no reason to know 
that the user in question was less than 16 years of 
age when the user used the interactive computer 
service. 
(e) EFFECTIVE DATE; APPLICABILITY.—This Act— 
(1) shall take effect on the date that is 180 
days after the date of enactment of this Act; and 
(2) shall not apply to any use of a covered 
interactive computer service that took place before 
the effective date under paragraph (1). 
Æ 
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