Regulon — OK-SB-932 · OK SB 932 (Social Media Minor Harm)

WHAT THIS BILL REGULATES · 1 REQUIREMENT TYPE

How Is This Bill Enforced

Enforcement Authority

Private right of action. A minor user who is a resident of Oklahoma, or the minor's parent or legal guardian, may bring a civil action against a social media platform. No designated agency enforcer. Compliance with subsection C safe harbor provisions shifts the rebuttable presumption in favor of the platform.

Private Right of Action

Private right of action.

Penalties

Greater of $10,000 per adverse mental health outcome incidence or actual damages. Reasonable attorney fees and court costs are recoverable. Plaintiff must demonstrate a licensed mental health provider diagnosis and causal link to excessive use of the algorithmically curated platform. Statutory damages do not displace other available remedies under state or federal law.

Verbatim statutory text on the left; plain-language analysis and a per-section checklist on the right. Numbered markers cross-link to the matching checklist row.

Statutory Text

Analysis & Obligations

75A O.S. § 205(A)

Definitions

(A)(1)–(8) A. As used in this act: 1. "Algorithmically curated" means social media platform user engagement is primarily driven by a curation algorithm and engagement driven design elements; 2. "Curation algorithm" means a computational process or set of rules used by a social media platform that determines, influences, or personalizes output that is designed to encourage prolonged or frequent engagement; 3. "Engagement driven design elements" means autoplay features that continuously play content without requiring user interaction, scroll or pagination that loads additional content as long as the user continues to scroll, or push notifications; 4. "Excessive use" means the use of a social media platform by a minor to an extent that the use substantially interferes with the minor's normal functioning in academic performance, sleep, in-person relationships, mental health, or physical health; 5. "Minor" means an individual under eighteen (18) years of age; 6. "Push notification" means an automatic electronic message displayed on a user's device, when the user interface for the social media platform is not actively open or visible on the device, that prompts the user to check or engage with the social media platform; 7. "Social media platform" means a website or internet medium that: a. permits a person to become a registered user, establish an account, or create a profile for the purpose of allowing users to create, share, and view user-generated content through such an account or profile, b. enables one or more users to generate content that can be viewed by other users of the medium, and c. primarily serves as a medium for users to interact with content generated by other users of the medium; and 8. "User" means a person who accesses or uses a social media platform.

Subsection A establishes the definitional framework for the bill. Key terms include algorithmically curated, which combines algorithmic personalization with engagement-driven design elements; excessive use, which requires a showing of substantial interference with a minor's normal functioning across five specified domains; and social media platform, which is defined broadly as any registered-user website primarily serving user-to-user content interaction. Notably, the bill does not define 'adverse mental health outcome,' leaving that term to be established through licensed provider diagnosis at the litigation stage.

75A O.S. § 205(B)

Cause of action, proof requirements, presumptions, damages, and liability limits

Deployer

(B)(1)–(3) 1 B. 1. A minor user who is a resident of this state or his or her parent or legal guardian may bring a cause of action against a social media platform in court for an adverse mental health outcome arising, in whole or in part, from the minor's excessive use of the social media platform's algorithmically curated service. 2. To recover damages in a cause of action brought pursuant to this subsection, a person that brings the cause of action must demonstrate: a. that the minor user has been diagnosed by a licensed mental health care provider with an adverse mental health outcome, and b. that the adverse mental health outcome was caused by the minor user's excessive use of an algorithmically curated social media platform. 3. Except as provided in paragraph 4 of this subsection, a person who brings an action pursuant to this subsection is entitled to a rebuttable presumption that: a. the minor user's adverse mental health outcome was caused, in whole or in part, by the minor user's excessive use of the algorithmically curated social media service, and b. the minor user's excessive use of the algorithmically curated social media platform was caused, in whole or in part, by the algorithmically curated social media platform's curation algorithm and engagement driven design elements.

(B)(4) 1 4. A social media company that complies with the provisions of subsection C of this section is entitled to a rebuttable presumption that: a. the minor user's adverse mental health outcome was not caused, in whole or in part, by the minor user's excessive use of the algorithmically curated social media platform, and b. the minor user's excessive use of the algorithmically curated social media platform was not caused, in whole or in part, by the algorithmically curated social media platform's curation algorithm and engagement driven design elements.

(B)(5) 1 5. If a court or fact finder finds that minor user of this state suffered any adverse mental health outcome as a result of the minor's use of a social media platform's algorithmically curated service, the person seeking relief is entitled to: a. an award of reasonable attorney fees and court costs, and b. an amount equal to the greater of: (1) Ten Thousand Dollars ($10,000.00) for each adverse mental health outcome incidence, or (2) the amount of actual damages.

(B)(6) 6. A social media platform shall not be held liable based on the content of material posted by users of the algorithmically curated social media platform or for declining to restrict access to or modify user posts based solely on the content of such posts.

(B)(7) 7. Nothing in this subsection shall displace any other available remedies or rights authorized by state or federal law.

Subsection B creates the bill's central mechanism: a private cause of action for minor users (or their parents/guardians) against social media platforms whose algorithmically curated services cause adverse mental health outcomes. The plaintiff must demonstrate both a licensed diagnosis and a causal link to excessive use. A rebuttable presumption in favor of the plaintiff on causation applies unless the platform qualifies for the subsection C safe harbor, in which case the presumption flips to favor the platform.

Damages are the greater of $10,000 per adverse mental health outcome incidence or actual damages, plus reasonable attorney fees and court costs. Subsection B.6 carves out liability based on the content of user posts — the theory of liability runs to the algorithmic curation and design features, not the underlying content. Subsection B.7 is a savings clause preserving other remedies.

Compliance actions 1 item

Social media platforms face tort liability when a minor resident of Oklahoma suffers an adverse mental health outcome caused by excessive use of the platform's algorithmically curated service. Plaintiffs must show a licensed diagnosis and causal link; a rebuttable presumption of causation applies unless the platform complies with the subsection C safe harbor protections.

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75A O.S. § 205(C)

Safe harbor: minor user protections

Deployer

(C)(1)(a)–(d) 2 C. 1. A person is not entitled to the rebuttable presumption described in paragraph 3 of subsection B of this section and a social media platform is entitled to the rebuttable presumption described in paragraph 4 of subsection B of this section, if the social media platform demonstrates to the court that the social media platform: a. limits a minor user who is a resident of this state's use of the algorithmically curated social media platform to no more than three hours in a twenty-four-hour period across all devices, b. restricts a minor user who is a resident of this state from accessing the algorithmically curated social media platform between the hours of 10:30 p.m. and 6:30 a.m., c. requires the parent or legal guardian of the minor who is a resident of this state to consent to a minor user's use of the algorithmically curated social media platform, and d. disables engagement driven design elements for a minor user's account.

(C)(2) 2 2. A social media platform may utilize settings that are enabled at the device level to impose the requirements described in this subsection; provided, however, a social media platform remains liable to ensure that the minor user's account is subject to the restrictions pursuant to this subsection.

Subsection C defines the specific measures a social media platform must implement to earn the rebuttable presumption that its algorithmic curation did not cause the minor's harm. All four conditions must be satisfied: a three-hour daily time limit across all devices, a curfew between 10:30 p.m. and 6:30 a.m., parental consent for the minor's use, and disabling all engagement-driven design elements (autoplay, infinite scroll, and push notifications) on the minor's account. Platforms may use device-level settings to implement these controls but remain liable to ensure the restrictions are in effect.

Compliance actions 1 item

Social media platforms must, to qualify for the safe harbor rebuttable presumption, (1) limit minor Oklahoma residents' use to no more than three hours per twenty-four-hour period across all devices, (2) restrict minor access between 10:30 p.m. and 6:30 a.m., (3) require parental or guardian consent for the minor's use, and (4) disable all engagement-driven design elements (autoplay, infinite scroll, push notifications) on the minor's account.

MN-01.2

75A O.S. § 205(D)

Anti-waiver provision

Deployer

(D)(1)–(4) 3 D. A waiver or limitation, or a purported waiver or limitation, of any of the following is void and unlawful, is against public policy, and a court or arbitrator may not enforce or give effect to the waiver, notwithstanding any contract or choice-of-law provision in a contract: 1. A protection or requirement provided pursuant to this section; 2. The right to cooperate with or file a complaint with a government agency; 3. The right to a private right of action as provided pursuant to subsection B of this section; or 4. The right to recover actual damages, statutory damages, civil penalties, costs, or fees as authorized pursuant to this section.

Subsection D voids any contractual waiver or limitation of the rights and protections created by this section — including waivers embedded in terms of service, arbitration agreements, or choice-of-law clauses. The provision is unusually broad: it covers not only the private right of action itself but also the right to file government complaints, the right to recover damages, and all protections and requirements established by the section. Courts and arbitrators are expressly prohibited from enforcing such waivers.

Compliance actions 1 item

Social media platforms may not include in terms of service, contracts, or arbitration agreements any waiver or limitation of a minor's (or parent's/guardian's) rights under this act, including the private right of action, the right to recover damages, or the right to file government complaints. Any such waiver is void and unenforceable.

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Section 2

Effective date

SECTION 2. This act shall become effective November 1, 2025.

Section 2 sets the effective date of the act as November 1, 2025.

Minor Safety Parental consent · controls · termination workflows

1 item

MN-01.2

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Other

2 items

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Passage Likelihood

Medium

Status Introduced

Chamber No passage

Committee Passed

Majority party (No data)

Bipartisan No

Prior session None

Legislative History

2025-02-03 First Reading

2025-02-03 Authored by Senator Jech

2025-02-04 Second Reading referred to Technology and Telecommunications

2025-02-27 Reported Do Pass as amended Technology and Telecommunications committee; CR filed

2025-02-27 Title stricken

2025-02-27 Coauthored by Representative Caldwell (Chad) (principal House author)

2025-03-04 Placed on General Order

Sources

Full Text ↗

Entry Last Reviewed

2026-05-20

AI generated