; or (ii) if such provider is determined to be dominant in its market under clause (i), that the policies and practices of such dominant provider relating to content moderation, as applied to information content providers using the interactive computer service or interactive computer services of such dominant provider, are reasonably consistent with the First Amendment to the Constitution. (B) Effect of certification A certification under subparagraph (A) may, in the discretion of the trial court, be admissible in any civil action or criminal prosecution in which it is asserted that paragraph (4) applies to the provider to which such certification relates, or in any civil action brought under paragraph (5) against such provider, but such certification shall not be determinative on the issues described in clauses (i) and (ii) of such subparagraph. . (b) Definitions Section 230(f) of the Communications Act of 1934 ( 47 U.S.C. 230(f) ) is amended by adding at the end the following: (5) Dominant in its market The term dominant in its market means, with respect to a provider of an interactive computer service, that such provider has gained substantial, sustained market power over any competitors. Actual monopoly control over a market is not required to satisfy the preceding sentence. (6) Reasonably consistent with the First Amendment to the Constitution The term reasonably consistent with the First Amendment to the Constitution means, with respect to the policies and practices of a provider of an interactive computer service relating to content moderation, that such provider conforms such policies and practices to established law under the First Amendment to the Constitution applicable to state actors, regardless of whether or not such provider is a state actor, to the extent feasible taking into consideration the developing capabilities and complexities of technology and the unique characteristics of online communication platforms. (7) Minor The term minor means an individual who is under 18 years of age. (8) Harmful