United States of America: Bill on private right of action and civil penalties for harmful social media design (SB 612) was adopted

On 16 April 2025, the Bill on private right of action and civil penalties for harmful social media design (SB 612) was adopted by the Arkansas Legislature. The Bill applies to social media platforms operating in Arkansas that generate revenue through user engagement and enable user interaction, profile creation, and content sharing. The Bill prohibits platforms from using designs, algorithms, or features that they know, or should reasonably know, cause minors to purchase controlled substances, develop eating disorders, attempt or commit suicide, or develop addiction to the platform. A civil penalty of up to USD 10’000 per violation, together with litigation costs, will be imposed on platforms that knowingly and wilfully contribute to a minor’s suicide or attempted suicide. Parents or guardians of minors who attempt or commit suicide after exposure to promoted self-harm or suicide content may bring a civil action to seek damages, medical treatment costs, funeral expenses, and punitive damages. Attorney’s fees awarded in such cases must be at least equivalent to the defendant’s legal costs. The Bill provides that platforms are not liable for third-party content or for conduct protected by the First Amendment of the United States Constitution or the Arkansas Constitution. Claims must be filed within 4 years. Platforms can avoid liability by correcting harmful features within 30 days of discovery, except in cases involving suicide or attempted suicide.