Company Pushes for Liability Protection in Proposed Online Safety Legislation
Meta Platforms (NASDAQ:META) has reportedly urged U.S. lawmakers to include legal protections for technology companies facing child-harm claims linked to social media platforms such as Instagram, according to a source familiar with the discussions and draft legislative language reviewed by Reuters.
The proposed provision is being discussed as part of the Kids Online Safety Act (KOSA), legislation currently under consideration in the U.S. Senate. If incorporated into the bill and ultimately enacted, the measure could significantly affect thousands of ongoing lawsuits involving Meta and other online platforms over alleged harm to minors.
Meta and Google’s (NASDAQ:GOOG) YouTube are already facing combined damages of $6 million after losing the first case to reach trial earlier this year.
Draft Proposal Could Limit State-Level Claims
The legislative language reviewed by Reuters would grant online platforms broad protection from lawsuits brought under state law regarding the online safety or privacy of individuals under the age of 18.
The proposal would make companies “immune from suit or liability under state law with respect to all claims for loss caused by, arising out of, relating to, or resulting from the safety or privacy of individuals under the age of eighteen online or otherwise related to the provisions” of KOSA.
The language also appears alongside provisions designed to pre-empt state-level legislation covering children’s online safety and privacy issues.
While lawmakers have not indicated any intention to adopt the proposal, the effort highlights the legal safeguards Meta is seeking as Washington considers its most significant technology regulation package in decades.
Meta Says Proposal Would Create National Standards
Responding to questions about the lobbying effort, Meta spokesperson Stephanie Otway rejected suggestions that the provision would provide blanket protection from legal action.
She said the measure “does not extinguish existing lawsuits, nor does it represent blanket immunity.”
Otway added: “Instead, it establishes uniform national standards for online youth safety, ensuring these critical issues are governed by comprehensive federal legislation, not plaintiffs’ lawyers or patchwork state legislation.”
Critics Warn of Broad Legal Immunity
Opponents of the proposal argue that the language could have sweeping consequences for current and future legal claims.
Julia Duncan of the American Association for Justice said the measure would likely eliminate many lawsuits that remain active when the law takes effect.
She said: “The language is pretty clear-cut immunity against every parent, every school district, that is seeking to hold any AI or social media company accountable for harm” to children.
Duncan added: “There is no other way to read this language.”
Meta Reportedly Offers Support for KOSA
According to the source cited by Reuters, Meta has proposed the liability provision as part of a broader compromise that would see the company drop its opposition to KOSA.
The legislation, introduced by Republican Senator Marsha Blackburn and Democratic Senator Richard Blumenthal, would require social media companies to take reasonable measures to reduce potential harms to minors, including compulsive platform use.
The bill is currently part of wider negotiations involving the White House and lawmakers over a package of child online safety measures and proposed federal rules concerning artificial intelligence.
A spokesperson for Blackburn said the senator had not reviewed the specific language referenced by Reuters and stated: “We have not seen that proposed language and would never consider it.”
Focus on Platform Features Linked to Youth Engagement
Under KOSA, technology companies would be required to exercise greater care when deploying features such as infinite scrolling, push notifications and appearance-altering filters.
These features were central to a recent California court case in which a plaintiff successfully argued that Meta and YouTube knowingly implemented systems that were addictive and harmful to younger users. Both companies have said they intend to appeal the ruling.
Bipartisan Support Keeps Bill Alive
KOSA previously passed the Senate in 2024 with overwhelming bipartisan backing in a 91-3 vote but failed to advance through the House of Representatives.
The legislation was reintroduced this year with support from both Senate Majority Leader John Thune and Senate Minority Leader Chuck Schumer, reflecting continued bipartisan interest in expanding protections for children online.
As discussions continue, the debate is likely to focus on balancing stronger safeguards for minors with the legal responsibilities and liabilities faced by major technology platforms.