Rumor mill: According to a source familiar with the matter and proposed legislative language reviewed by Reuters, Meta has lobbied Congress to include a provision in the Kids Online Safety Act (KOSA) that would limit companies' exposure to child safety and privacy lawsuits. The proposal would grant platforms immunity from state-level child-harm claims involving users under 18, a change that could undercut thousands of lawsuits already filed.

The proposal comes as lawmakers and courts increasingly scrutinize how social media platforms are designed and used by minors. Features such as infinite scrolling, activity notifications, and appearance-altering photo filters – key tools for driving user engagement – have become central to legal and regulatory battles over youth safety. Critics argue these features can encourage compulsive use, particularly among younger users.

KOSA directly targets those design choices. The bill would require companies to take reasonable steps to reduce risks associated with minors' use of their platforms, including design elements that encourage prolonged engagement. In other words, the legislation focuses not only on the content users see, but also on the systems designed to keep them online.

At the same time, Meta's liability proposal could reshape how families and schools pursue lawsuits over those features. The proposed language 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. It would also override certain state laws governing children's online protections.

Meta has framed the proposal as a way to establish consistent national standards rather than avoid accountability. Company spokesperson Stephanie Otway said the provision "does not extinguish existing lawsuits, nor does it represent blanket immunity."

Instead, she said, it is intended to create "uniform national standards for online youth safety, ensuring these critical issues are governed by comprehensive federal legislation, not plaintiffs' lawyers or patchwork state legislation."

That interpretation is disputed by legal advocates. Julia Duncan of the American Association for Justice told Reuters that the language, as written, could have sweeping consequences for ongoing litigation. "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 said. "There is no other way to read this language."

The legal stakes are not theoretical. Meta and Google's YouTube are already facing thousands of lawsuits over alleged harms to minors. Earlier this year, the companies lost the first case to go to trial, resulting in a combined $6 million in damages. Both have said they plan to appeal.

Behind the scenes, the liability proposal appears tied to broader negotiations over KOSA's future. The bill, sponsored by Senators Marsha Blackburn and Richard Blumenthal, passed the Senate in 2024 with strong bipartisan support but stalled in the House. It has since been reintroduced and is now part of discussions involving the White House, as well as other measures related to artificial intelligence and federal preemption of state laws.

A spokesperson for Blackburn said the office had not seen the specific liability language and would not support it.

According to the source, Meta has offered to drop its opposition to KOSA if the provision is included – a signal of how high the stakes have become for companies whose core products rely on engagement-driven design. For engineers and product teams, the result could reshape how they design recommendation algorithms, notifications, and interface features for users under 18.

For now, the issue remains unsettled. Lawmakers are trying to impose guardrails on the very technologies that define modern social platforms, while companies are seeking clearer – and potentially narrower – rules on how those systems can be challenged. It is not yet clear how Congress will reconcile these competing aims.