I 
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 Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Algorithm Account-
ability Act’’. 
SEC. 2. LIMITATION OF LIABILITY PROTECTION FOR CER-
TAIN SOCIAL MEDIA PLATFORMS. 
(a) IN GENERAL.—Section 230 of the Communica-
tions Act of 1934 (47 U.S.C. 230) is amended— 
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(1) by redesignating subsection (f) as sub-
section (g); and 
(2) by inserting after subsection (e) the fol-
lowing: 
‘‘(f) ALGORITHMIC PRODUCT DESIGN ACCOUNT-
ABILITY.— 
‘‘(1) DUTY
OF
CARE
IN
ALGORITHMIC
DE-
SIGN.— 
‘‘(A) IN GENERAL.—A provider of a social 
media platform shall exercise reasonable care in 
the design, training, testing, deployment, oper-
ation, and maintenance of a recommendation- 
based algorithm on the social media platform to 
prevent bodily injury or death described in sub-
paragraph (B) that a reasonable and prudent 
person would agree was— 
‘‘(i) reasonably foreseeable by the pro-
vider; and 
‘‘(ii) attributable, in whole or in part, 
to the design characteristics or perform-
ance of the recommendation-based algo-
rithm. 
‘‘(B) 
COVERED
BODILY
INJURY
OR 
DEATH.—Bodily injury or death described in 
this subparagraph, with respect to a social 
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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 recommenda-
tion-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 effec-
tuated— 
‘‘(I) 
by 
sorting 
information 
chronologically or reverse chrono-
logically; 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 activi-
ties of a recommendation-based algorithm, 
after a user of the social media platform 
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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 para-
graph (1)(A) of this subsection. 
‘‘(B) PRIVATE
RIGHT
OF
ACTION.—If a 
person suffers bodily injury or death as the re-
sult 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 rep-
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resentative 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 arbitra-
tion agreement or predispute joint-action waiver 
(as those terms are defined in section 401 of 
title 9, United States Code) shall be valid or en-
forceable 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 sub-
paragraph purports to delegate such determina-
tion to an arbitrator. 
‘‘(4) RELATIONSHIP TO OTHER LAWS.—Noth-
ing in this subsection or any regulation promulgated 
thereunder shall be construed to prohibit or other-
wise 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 
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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 unconstitu-
tional, the remainder of this subsection and the ap-
plication of the provision to any other person or cir-
cumstance shall not be affected. 
‘‘(6) DEFINITIONS .—In this subsection: 
‘‘(A) 
RECOMMENDATION-BASED
ALGO-
RITHM.—The term ‘recommendation-based al-
gorithm’ means, with respect to a user of a so-
cial media platform, a fully or partially auto-
mated system used to rank, order, promote, rec-
ommend, 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 characteris-
tics 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 
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purpose of allowing the user to create, 
share, or view content through the ac-
count 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 ex-
clusive 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; 
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‘‘(III) that is a private platform 
or messaging service used by an entity 
solely to communicate with others em-
ployed by or affiliated with the entity; 
‘‘(IV) that is a teleconferencing 
or video conferencing service that al-
lows 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 re-
views; 
‘‘(bb) 
internet 
commerce, 
which may include providing a 
comment section; 
‘‘(cc) to allow users to 
stream music, audiobooks, or 
podcasts; or 
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‘‘(dd) news or sports cov-
erage.’’. 
(b) TECHNICAL AND CONFORMING AMENDMENTS.— 
(1) TRADEMARK ACT OF 1946.—Section 45 of 
the Act entitled ‘‘An Act to provide for the registra-
tion 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 defi-
nition 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 amend-
ed— 
(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 de-
fined in section 230 of the Communications Act 
of 1934 (47 U.S.C. 230))’’; and 
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