; and (II) may not receive any share of the proceeds of the action. (ii) Right of Government to continue action A dismissal under clause (i) shall not prejudice the right of the United States to continue the action, represented by the Department of Justice. (4) Award of attorneys' fees and costs to defendant If the Government does not proceed with an action under subsection (a) and the person bringing the action conducts the action, the court may award to the defendant its reasonable attorneys’ fees and expenses if the defendant prevails in the action. (d) Certain actions barred A person may not bring an action under subsection (a) that is based on allegations that are the subject of a civil action to which the Government is already a party. (e) Dismissal by court The court shall dismiss an action or claim brought under subsection (a) if, as determined based on facts found by the court, the content alleged to be hosted or distributed in violation of section 3(a) is not child sexual abuse material. (f) Government not liable for certain expenses The Government is not liable for expenses that a person incurs in bringing an action under subsection (a). (g) Relation to section 230 of the Communications Act of 1934 Nothing in section 230 of the Communications Act of 1934 ( 47 U.S.C. 230 ) shall be construed to impair or limit any claim in a civil action brought under this section.