Tennessee HB2522 / SB2398

This bill would require online platforms that allow adult content to age-verify users before showing it. They must also provide mechanisms to mark posts containing adult content. It would apply to platforms, websites, and apps with over 10 million MAUs in the United States.

Age verification methods allowed:

• Government-issued identification
• Facial age estimation technology with documented accuracy rates
• Other systems providing reasonable assurance of 18+

Enforcement:

Private right of action (parents/guardians only), but with a high threshold – plaintiffs must show all four of the following:

1. The material was not properly age-restricted or marked
2. The parent/guardian or anyone else had previously reported substantially similar content from the same user/account
3. The platform failed to act within the required timeframe
4. The failure constitutes a pattern of systematic failure (at least 3 documented instances of non-response within 12 months)

Damages: actual damages, statutory damages of $5,000/violation capped at $250,000/action, attorney fees, and injunctive relief. 2-year statute of limitations.

AG enforcement: AG may seek injunctions and civil penalties of up to $10,000/day after a court order requiring compliance, but only after a 60-day notice-and-cure period and only for a pattern of systematic failure.

Other noteworthy features of the bill:

• Transparency reporting: Semi-annual public reports on content moderation statistics, with copies filed with the AG within 30 days.
• Anonymous reporting required: The reporting mechanism must allow anonymous reports and not require an account to submit.
• Section 230 carve-out: The bill explicitly acknowledges Section 230 but purports to override it "as specifically provided in this part".
• Good-faith safe harbor: Platforms that implement compliant systems and act within required timeframes are shielded from liability for individual content moderation decisions, even if a different decision might have been reasonable.