How do they define Social Media?
(9) "Social media company" means a person or entity that:
156 (a) provides a social media platform that has at least 5,000,000 account holders
157 worldwide; and
158 (b) is an interactive computer service.
159 (10) (a) "Social media platform" means an online forum that a social media company
160 makes available for an account holder to:
161 (i) create a profile;
162 (ii) upload posts;
163 (iii) view the posts of other account holders; and
164 (iv) interact with other account holders or users.
165 (b) "Social media platform" does not include an online service, website, or application:
166 (i) where the predominant or exclusive function is:
167 (A) electronic mail;
168 (B) direct messaging consisting of text, photos, or videos that are sent between devices
169 by electronic means, where messages are:
170 (I) shared between the sender and the recipient;
171 (II) only visible to the sender and the recipient; and
172 (III) are not posted publicly;
173 (C) a streaming service that:
174 (I) provides only licensed media in a continuous flow from the service, website, or
175 application to the end user; and
176 (II) does not obtain a license to the media from a user or account holder by agreement
177 to its terms of service;
178 (D) news, sports, entertainment, or other content that is preselected by the provider and
179 not user generated, and any chat, comment, or interactive functionality that is provided
180 incidental to, directly related to, or dependent upon provision of the content;
181 (E) online shopping or e-commerce, if the interaction with other users or account
182 holders is generally limited to:
183 (I) the ability to upload a post and comment on reviews;
184 (II) the ability to display lists or collections of goods for sale or wish lists; and
185 (III) other functions that are focused on online shopping or e-commerce rather than
186 interaction between users or account holders;
187 (F) interactive gaming, virtual gaming, or an online service, that allows the creation
188 and uploading of content for the purpose of interactive gaming, edutainment, or associated
189 entertainment, and the communication related to that content;
190 (G) photo editing that has an associated photo hosting service, if the interaction with
191 other users or account holders is generally limited to liking or commenting;
192 (H) a professional creative network for showcasing and discovering artistic content, if
193 the content is required to be non-pornographic;
194 (I) single-purpose community groups for public safety if:
195 (I) the interaction with other users or account holders is generally limited to that single
196 purpose; and
197 (II) the community group has guidelines or policies against illegal content;
198 (J) providing career development opportunities, including professional networking, job
199 skills, learning certifications, and job posting and application services;
200 (K) business to business software;
201 (L) a teleconferencing or videoconferencing service that allows reception and
202 transmission of audio and video signals for real time communication;
203 (M) cloud storage;
204 (N) shared document collaboration;
205 (O) cloud computing services, which may include cloud storage and shared document
206 collaboration;
207 (P) providing access to or interacting with data visualization platforms, libraries, or
208 hubs;
209 (Q) to permit comments on a digital news website, if the news content is posted only
210 by the provider of the digital news website;
211 (R) providing or obtaining technical support for a platform, product, or service;
212 (S) academic or scholarly research; or
213 (T) genealogical research; or
214 (ii) where:
215 (A) the majority of the content that is posted or created is posted or created by the
216 provider of the online service, website, or application; and
217 (B) the ability to chat, comment, or interact with other users is directly related to the
218 provider's content;
219 (iii) that is a classified ad service that only permits the sale of goods and prohibits the
220 solicitation of personal services; or
221 (iv) that is used by and under the direction of an educational entity, including:
222 (A) a learning management system;
223 (B) a student engagement program; and
224 (C) a subject or skill-specific program.