Indiana § 24-16-2-5 - "Social media provider"

§ 24-16-2-5. "Social media provider"

Effective 1-1-2027.

Sec. 5. (a) "Social media provider" means an online forum, website, or application that satisfies the following criteria:

(1) Functions primarily to enable registered users to upload content, or access content uploaded or shared by other registered users, through the online forum, website, or application.

(2) Has a user base in which ten percent (10%) or more of the daily active users who are less than sixteen (16) years of age spent an average of two (2) hours per day or longer on the online forum, website, or application when using the online forum, website, or application during:

(A) the previous twelve (12) months; or

(B) if the online forum, website, or application did not exist during all of the previous twelve (12) months, the previous month.

(3) Employs algorithms that analyze user data or information on users to select content for users.

(4) Has any of the following addictive features:

(A) Continuously loading content, or content that loads as the user scrolls down the page without the need to open a separate page.

(B) Seamless content, or the use of pages with no visible or apparent end or page breaks.

(C) Display of personal interactive metrics that indicate the number of times other users have clicked a button to indicate their reaction to content or have shared or reposted the content.

(D) Autoplay video or video that begins to play without the user first clicking on the video or on a play button for the video.

(E) Live streaming or a function that allows a user or advertiser to broadcast live video content in real time.

(5) Is owned or operated by a person that collectively with any parent, subsidiary, or affiliate of the person, generated at least one billion dollars ($1,000,000,000) in gross revenues, worldwide, in one (1) or more of the immediately preceding three (3) years.

(b) The term does not include the following:

(1) An online service, website, or application where the exclusive function provides registered users of the service only with the ability to send and receive electronic mail or direct messaging consisting of text, photographs, pictures, images, or videos shared only between the sender and the recipients, without displaying or posting the material publicly or to others not identified as the recipient by the sender.

(2) A device manufacturer or application store.

(3) A communications service provider (as defined in IC 8-1-2.6-13(b)).

As added by P.L.100-2026, SEC.14.