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7 LONG TITLE
8 General Description:
9 This bill establishes the Utah Digital Expression Act.
10 Highlighted Provisions:
11 This bill:
12 ▸ authorizes the Division of Consumer Protection to administer and enforce the Utah
13 Digital Expression Act;
14 ▸ provides definitions;
15 ▸ requires a social media company to publicly disclose information regarding its
16 information management and its content moderation practices;
17 ▸ requires a social media company to publish an acceptable use policy on prohibited
18 material and content compliance;
19 ▸ requires a social media company to have an easily accessible complaint and appeal
20 process for complaint resolution;
21 ▸ prohibits a social media company from taking certain adverse actions against a user
22 in certain circumstances, including:
23 • suspending, locking, or disabling a user account;
24 • banning a user;
25 • removing, demonetizing, or deprioritizing content; and
26 • adding an assessment to user content, including fact or accuracy checks;
27 ▸ establishes a complaint and enforcement process through the Division of Consumer
28 Protection;
29 ▸ requires a social media company to collect data for and publish a biannual
30 transparency report;
31 ▸ prohibits a social medal company from censoring user expression, with certain
32 exceptions;
33 ▸ details the Division of Consumer Protection's investigative and enforcement powers
34 in enforcing the act;
35 ▸ permits a private right of action for enforcement of the act;
36 ▸ prohibits requirements of the act from being waived by a contract or choice-of-law
37 provision; and
38 ▸ provides for severability.
39 Money Appropriated in this Bill:
40 None
41 Other Special Clauses:
42 This bill provides a special effective date.
43 Utah Code Sections Affected:
44 AMENDS:
45 13-2-1 (Superseded 12/31/23), as last amended by Laws of Utah 2022, Chapter 201
46 13-2-1 (Effective 12/31/23), as last amended by Laws of Utah 2022, Chapters 201, 462
47 ENACTS:
48 13-63-101, Utah Code Annotated 1953
49 13-63-201, Utah Code Annotated 1953
50 13-63-202, Utah Code Annotated 1953
51 13-63-301, Utah Code Annotated 1953
52 13-63-302, Utah Code Annotated 1953
53 13-63-401, Utah Code Annotated 1953
54 13-63-501, Utah Code Annotated 1953
55 13-63-502, Utah Code Annotated 1953
56 13-63-503, Utah Code Annotated 1953
57 13-63-504, Utah Code Annotated 1953
58 13-63-505, Utah Code Annotated 1953
59 13-63-601, Utah Code Annotated 1953
60
61 Be it enacted by the Legislature of the state of Utah:
62 Section 1. Section 13-2-1 (Superseded 12/31/23) is amended to read:
63
64 13-2-1 (Superseded 12/31/23). Consumer protection division established --
65 Functions.
66 (1) There is established within the Department of Commerce the Division of Consumer
67 Protection.
68 (2) The division shall administer and enforce the following:
69 (a) Chapter 5, Unfair Practices Act;
70 (b) Chapter 10a, Music Licensing Practices Act;
71 (c) Chapter 11, Utah Consumer Sales Practices Act;
72 (d) Chapter 15, Business Opportunity Disclosure Act;
73 (e) Chapter 20, New Motor Vehicle Warranties Act;
74 (f) Chapter 21, Credit Services Organizations Act;
75 (g) Chapter 22, Charitable Solicitations Act;
76 (h) Chapter 23, Health Spa Services Protection Act;
77 (i) Chapter 25a, Telephone and Facsimile Solicitation Act;
78 (j) Chapter 26, Telephone Fraud Prevention Act;
79 (k) Chapter 28, Prize Notices Regulation Act;
80 (l) Chapter 32a, Pawnshop, Secondhand Merchandise, and Catalytic Converter
81 Transaction Information Act;
82 (m) Chapter 34, Utah Postsecondary Proprietary School Act;
83 (n) Chapter 34a, Utah Postsecondary School State Authorization Act;
84 (o) Chapter 41, Price Controls During Emergencies Act;
85 (p) Chapter 42, Uniform Debt-Management Services Act;
86 (q) Chapter 49, Immigration Consultants Registration Act;
87 (r) Chapter 51, Transportation Network Company Registration Act;
88 (s) Chapter 52, Residential Solar Energy Disclosure Act;
89 (t) Chapter 53, Residential, Vocational and Life Skills Program Act;
90 (u) Chapter 54, Ticket Website Sales Act;
91 (v) Chapter 56, Ticket Transferability Act; [
92 (w) Chapter 57, Maintenance Funding Practices Act; and
93 (x) Chapter 63, Utah Digital Expression Act.
94 Section 2. Section 13-2-1 (Effective 12/31/23) is amended to read:
95 13-2-1 (Effective 12/31/23). Consumer protection division established --
96 Functions.
97 (1) There is established within the Department of Commerce the Division of Consumer
98 Protection.
99 (2) The division shall administer and enforce the following:
100 (a) Chapter 5, Unfair Practices Act;
101 (b) Chapter 10a, Music Licensing Practices Act;
102 (c) Chapter 11, Utah Consumer Sales Practices Act;
103 (d) Chapter 15, Business Opportunity Disclosure Act;
104 (e) Chapter 20, New Motor Vehicle Warranties Act;
105 (f) Chapter 21, Credit Services Organizations Act;
106 (g) Chapter 22, Charitable Solicitations Act;
107 (h) Chapter 23, Health Spa Services Protection Act;
108 (i) Chapter 25a, Telephone and Facsimile Solicitation Act;
109 (j) Chapter 26, Telephone Fraud Prevention Act;
110 (k) Chapter 28, Prize Notices Regulation Act;
111 (l) Chapter 32a, Pawnshop, Secondhand Merchandise, and Catalytic Converter
112 Transaction Information Act;
113 (m) Chapter 34, Utah Postsecondary Proprietary School Act;
114 (n) Chapter 34a, Utah Postsecondary School State Authorization Act;
115 (o) Chapter 41, Price Controls During Emergencies Act;
116 (p) Chapter 42, Uniform Debt-Management Services Act;
117 (q) Chapter 49, Immigration Consultants Registration Act;
118 (r) Chapter 51, Transportation Network Company Registration Act;
119 (s) Chapter 52, Residential Solar Energy Disclosure Act;
120 (t) Chapter 53, Residential, Vocational and Life Skills Program Act;
121 (u) Chapter 54, Ticket Website Sales Act;
122 (v) Chapter 56, Ticket Transferability Act;
123 (w) Chapter 57, Maintenance Funding Practices Act; [
124 (x) Chapter 61, Utah Consumer Privacy Act; and
125 (y) Chapter 63, Utah Digital Expression Act.
126 Section 3. Section 13-63-101 is enacted to read:
127
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129 13-63-101. Definitions.
130 As used in this chapter:
131 (1) "Adverse action" means a social media platform's decision:
132 (a) to suspend, lock, or disable a user's account;
133 (b) to ban a user from the social media platform;
134 (c) to remove content;
135 (d) to demonetize content;
136 (e) to deprioritize content;
137 (f) to add an assessment to content, such as a fact check or other disclaimer regarding
138 the accuracy of the content; or
139 (g) to take any other action related to a user's account or content in accordance with the
140 social media platform's acceptable use policy.
141 (2) "Censor" or "censorship" means to block, ban, remove, deplatform, de-boost,
142 restrict, deny equal access or visibility to, or otherwise discriminate against expression.
143 (3) "Director" means the director of the Division of Consumer Protection created in
144 Section 13-2-1.
145 (4) "Division" means the Division of Consumer Protection created in Section 13-2-1.
146 (5) "Expression" means any word, music, sound, still or moving image, number, or
147 other perceivable communication.
148 (6) "Receive" means, with respect to an expression, to read, hear, look at, access, or
149 gain access to the expression.
150 (7) (a) "Social media platform" means an Internet website or application:
151 (i) that has at least 50 million active users in a calendar month;
152 (ii) that is open to the public;
153 (iii) that allows users to create an account; and
154 (iv) whose primary purpose is to enable users to disseminate information to and
155 communicate with other users through the posting of comments, messages, video, images, or
156 other media.
157 (b) "Social media platform" does not include:
158 (i) an Internet service provider;
159 (ii) electronic mail; or
160 (iii) an online service, application, or website:
161 (A) that consists primarily of news, sports, entertainment, or other information content
162 that is not user generated but is preselected by the provider; and
163 (B) for which any chat, comment, or interactive functionality is incidental to, directly
164 related to, or dependent on the provider's content described in Subsection (7)(b)(iii)(A).
165 (8) "Unlawful expression" means an expression that is unlawful under state or federal
166 law, including expression that constitutes a tort under state or federal law.
167 (9) (a) "User" means a Utah resident who posts, uploads, transmits, shares, or
168 otherwise publishes or receives content through a social media platform.
169 (b) "User" includes a person who has a social media platform account that the social
170 media platform has disabled or locked.
171 (10) "Utah resident" means a person who resides or operates in Utah and:
172 (a) if the person is an individual, has their primary residence in Utah; or
173 (b) if the person is a business entity or organization, has a principal place of business or
174 principal location in Utah.
175 Section 4. Section 13-63-201 is enacted to read:
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177 13-63-201. Public disclosures.
178 (1) In accordance with this section, a social media platform shall publicly disclose
179 accurate information regarding the social media platform's content management, data
180 management, and business practices, including specific information regarding the manner in
181 which the social media platform:
182 (a) curates and targets content to users;
183 (b) places and promotes content, services, and products, including the social media
184 platform's own content, services, and products;
185 (c) moderates content;
186 (d) uses search, ranking, or other algorithms or procedures that determine results on the
187 social media platform; and
188 (e) provides users with performance data on the use of the platform and the social
189 media platform's products and services.
190 (2) A social media platform is not required to include in a public disclosure trade
191 secrets and commercial or financial information that is protected from disclosure by federal
192 law.
193 (3) A social media platform shall ensure that a public disclosure:
194 (a) is sufficient to enable users to make an informed choice regarding the purchase or
195 use of access to or services from the platform; and
196 (b) is made available on an Internet website that is easily accessible to the public.
197 Section 5. Section 13-63-202 is enacted to read:
198 13-63-202. Acceptable use policy.
199 (1) A social media platform shall publish an acceptable use policy in a location on the
200 social media platform that is easily accessible to a user.
201 (2) A social media platform shall ensure that an acceptable use policy:
202 (a) reasonably informs a user about the types of content that the social media platform
203 prohibits;
204 (b) explains the steps the social media platform takes to ensure content complies with
205 the policy;
206 (c) explains the process by which a user can submit a complaint under Section
207 13-63-301; and
208 (d) includes a copy of the biannual transparency report as described in Section
209 13-63-302, including a description of any adverse action the social media platform has taken to
210 enforce the policy.
211 Section 6. Section 13-63-301 is enacted to read:
212
213 13-63-301. Illegal activity or content -- Adverse actions -- Complaint system and
214 procedures - Appeals.
215 (1) A social media platform shall:
216 (a) provide an easily accessible complaint system that enables a user to submit a
217 complaint about the social media platform; and
218 (b) track the status of the complaint, including a complaint regarding:
219 (i) content that potentially violates the social media platform's acceptable use policy;
220 (ii) illegal activity or illegal content; and
221 (iii) the social media platform's decision to take an adverse action.
222 (2) (a) If a social media platform receives a complaint of illegal content or illegal
223 activity, the social media platform shall, no later than two business days after the date on which
224 the social media platform receives the complaint, make a good faith effort to evaluate the
225 legality of the content or activity.
226 (b) If the social media platform determines that the alleged illegal content or illegal
227 activity suggests that the user who posted the content or conducted the activity poses an
228 imminent threat to themselves or others, the social media platform shall immediately notify the
229 appropriate law enforcement agency.
230 (3) Except as provided in Subsection (4), if a social media platform takes an adverse
231 action based on a violation of the platform's acceptable use policy under Section 13-63-202, the
232 social media platform shall, concurrently with the action:
233 (a) notify the user who posted the content of the removal and explain the reason for the
234 adverse action;
235 (b) allow the user to appeal the decision; and
236 (c) provide written notice to the user of:
237 (i) the determination regarding an appeal requested under Subsection (3)(b); and
238 (ii) in the case of a reversal of the social media platform's decision, the reason for the
239 reversal.
240 (4) A social media platform is not required to provide a user with notice or an
241 opportunity to appeal under Subsection (3) if the social media platform:
242 (a) is unable to contact the user after taking reasonable steps to make contact;
243 (b) reports the user's content or activity to a law enforcement agency; or
244 (c) knows the user's content relates to an ongoing law enforcement agency
245 investigation.
246 (5) If a social media platform receives a user complaint regarding an adverse action,
247 the social media platform shall, no later than 14 business days after the date on which the social
248 media platform receives the complaint:
249 (a) review the content that is subject to the adverse action;
250 (b) determine whether the content adheres to the platform's acceptable use policy;
251 (c) take appropriate steps based on the determination; and
252 (d) notify the user regarding the determination and steps taken under this Subsection
253 (5).
254 Section 7. Section 13-63-302 is enacted to read:
255 13-63-302. Biannual transparency report.
256 (1) A social media platform shall publish a biannual transparency report that includes,
257 with respect to the preceding six-month period:
258 (a) the total number of instances in which the social media platform was informed of
259 illegal content, illegal activity, or policy-violating content by means of:
260 (i) a user complaint;
261 (ii) an employee of or a person contracting with the social media platform; or
262 (iii) an internal automated detection tool;
263 (b) the number of instances in which the social media platform took adverse action
264 with respect to illegal content, illegal activity, or potentially policy-violating content, each
265 instance of which shall be categorized by:
266 (i) the rule violated;
267 (ii) the source for the alert of illegal content, illegal activity, or potentially
268 policy-violating content, including:
269 (A) a government;
270 (B) a user;
271 (C) an internal automated detection tool;
272 (D) coordination with other social media platforms; or
273 (E) persons employed by or contracting with the platform; and
274 (iii) the country of the user who is responsible for the content;
275 (c) the number of coordinated efforts related to illegal content, illegal activity, or
276 policy-violating content, if applicable;
277 (d) (i) the number of instances in which a user appealed an adverse action under
278 Section 13-63-301; and
279 (ii) the percentage of appeals that resulted in the social media platform restoring
280 content; and
281 (e) a description of each tool, practice, action, or technique the social media platform
282 uses to enforce the acceptable use policy.
283 (2) A social media platform shall publish each biannual transparency report:
284 (a) with an open license;
285 (b) in a machine-readable and open format; and
286 (c) in a location that is easily accessible to users.
287 Section 8. Section 13-63-401 is enacted to read:
288
289 13-63-401. Censorship Prohibited.
290 (1) This section only applies to moderation and censorship decisions for which a social
291 media company is claiming protection from liability under 47 U.S.C. Sec. 230.
292 (2) (a) Except as provided in Subsection (3), and to the extent that a social media
293 platform allows users to engage in expression regarding certain content, the social media
294 platform may not censor a user, a user's expression, or a user's ability to receive the expression
295 of another user based on:
296 (i) the user's particular viewpoint; or
297 (ii) the user's particular viewpoint represented in the user's expression.
298 (b) Censorship based on viewpoint shall be considered an action taken in bad faith.
299 (3) A social media platform may censor expression that:
300 (a) the social media platform is specifically authorized to censor under state or federal
301 law;
302 (b) is the subject of a referral or request from an organization with the purpose of
303 preventing the sexual exploitation of children and protecting survivors of sexual abuse from
304 ongoing harassment;
305 (c) directly incites criminal activity or consists of direct threats of violence or illegal
306 activity targeted against a specific individual or group;
307 (d) is unlawful expression; or
308 (e) a court of competent jurisdiction has ordered the social media platform to remove.
309 (4) Nothing in this section shall prohibit a social media platform from prohibiting
310 entire categories of content, provided that the prohibition of the category does not constitute
311 viewpoint discrimination.
312 (5) This section may not be construed to prohibit or restrict a social media platform
313 from authorizing or facilitating a user's ability to censor specific expression on the user's
314 platform or page at the request of that user.
315 (6) This section apples only to expression that is shared or received in this state.
316 (7) This section applies to the maximum extent permitted by the United States
317 Constitution and the laws of the United States, but no further than the maximum extent
318 permitted by the United States Constitution and the laws of the United States.
319 Section 9. Section 13-63-501 is enacted to read:
320
321 13-63-501. Investigative powers of the division.
322 (1) The division shall receive consumer complaints alleging a failure to comply with a
323 requirement of this chapter.
324 (2) A person may file a consumer complaint with the division that alleges a person's
325 failure to comply with a requirement of this chapter.
326 (3) The division shall investigate a consumer complaint to determine whether a person
327 subject to the requirements of this chapter has failed to comply with a requirement of this
328 chapter.
329 Section 10. Section 13-63-502 is enacted to read:
330 13-63-502. Enforcement powers of the division.
331 (1) Except for a private right of action under Section 13-63-503, the division has the
332 exclusive authority to administer and enforce the requirements of this chapter.
333 (2) The attorney general, upon request, shall give legal advice to, and act as counsel
334 for, the division in the exercise of the division's responsibilities under this chapter.
335 (3) (a) Subject to the ability to cure an alleged failure to comply with a provision of this
336 chapter under Subsection (4):
337 (i) the division director may impose an administrative fine of up to $2,500 for each
338 instance of a failure to comply with a provision of this chapter; and
339 (ii) the division may bring an action in a court of competent jurisdiction to enforce a
340 provision of this chapter.
341 (b) In a court action by the division to enforce a provision of this chapter, the court
342 may:
343 (i) declare that the act or practice violates a provision of this chapter;
344 (ii) issue an injunction against a person who has failed to comply with a provision of
345 this chapter;
346 (iii) order disgorgement of any money received as a result of failure to comply with a
347 provision of this chapter;
348 (iv) order payment of disgorged money to an injured purchaser or consumer;
349 (v) impose a civil penalty of up to $2,500 for each instance of a failure to comply with
350 a provision of this chapter;
351 (vi) award actual damages to an injured purchaser or consumer; and
352 (vii) award any other relief that the court deems reasonable and necessary.
353 (4) (a) At least 30 days before the day on which the division initiates an enforcement
354 action against a person that is subject to the requirements of this chapter, the division shall
355 provide the person with:
356 (i) written notice that identifies each alleged failure to comply with a requirement of
357 this chapter; and
358 (ii) an explanation of the basis for each allegation.
359 (b) Except as provided under Subsection (4)(c), the division may not initiate an action
360 if the person:
361 (i) cures the noticed failure to comply within 30 days after the day on which the person
362 receives the notice described in Subsection (4)(a); and
363 (ii) provides the division with a written statement that the person:
364 (A) is now in compliance with the applicable provision of this chapter; and
365 (B) will remain in compliance with the applicable provision.
366 (c) The division may initiate a civil action against a person that:
367 (i) fails to remedy the person's failure to comply with a requirement of this chapter
368 after receiving the notice described in Subsection (4)(a); or
369 (ii) after coming into compliance and providing a written statement in accordance with
370 Subsection (4)(b), fails to comply with the same provision again.
371 (5) If a court of competent jurisdiction grants judgment or injunctive relief to the
372 division, the court shall award the division:
373 (a) reasonable attorney fees;
374 (b) court costs; and
375 (c) investigative fees.
376 (6) (a) A person who violates an administrative or court order issued for failure to
377 comply with a provision of this chapter is subject to a civil penalty of no more than $5,000 for
378 each incident of noncompliance.
379 (b) A civil penalty authorized under this chapter may be imposed in any civil action
380 brought by the division, or by the attorney general on behalf of the division.
381 (7) All money received for the payment of a fine or civil penalty imposed under this
382 section shall be deposited into the Consumer Protection Education and Training Fund
383 established in Section 13-2-8.
384 Section 11. Section 13-63-503 is enacted to read:
385 13-63-503. Private right of action.
386 (1) A user may bring an action against a person that does not comply with the
387 requirements of this chapter.
388 (2) A suit filed under the authority of this section shall be filed in the district court for
389 the district in which a user bringing the action resides.
390 (3) If a court finds that a person has failed to comply with a provision of this chapter,
391 the user who brings an action under this section is entitled to:
392 (a) injunctive relief; and
393 (b) an amount equal to the greater of:
394 (i) $2,500 per each incident of noncompliance; or
395 (ii) declaratory relief, including costs of court and reasonable and necessary attorney
396 fees, if the user proves that the social media platform failed to comply with a provision of this
397 chapter.
398 (4) A user may bring an action under this section regardless of whether another court
399 has enjoined the division or the attorney general from enforcing this chapter or declared any
400 provision of this chapter unconstitutional, unless that court decision is binding on the court in
401 which the action is brought.
402 (5) Nonmutual issue preclusion and nonmutual claim preclusion are not defenses to an
403 action brought under this section.
404 Section 12. Section 13-63-504 is enacted to read:
405 13-63-504. Waiver prohibited.
406 A waiver or purported waiver of any of the following is void as unlawful, is against
407 public policy, and a court or arbitrator may not enforce or give effect to the waiver,
408 notwithstanding any contract or choice-of-law provision in a contract:
409 (1) a waiver of any protection or requirement provided under this chapter; and
410 (2) a waiver of the right to cooperate with the division or to file a complaint with the
411 division.
412 Section 13. Section 13-63-505 is enacted to read:
413 13-63-505. Limitation of effect of chapter -- Damages and remedies.
414 This chapter does not subject a social media platform to damages or other legal
415 remedies to the extent that the social media platform is protected from those remedies under
416 federal law.
417 Section 14. Section 13-63-601 is enacted to read:
418
419 13-63-601. Severability.
420 If any provision of this chapter or the application of any provision to any person or
421 circumstance is held invalid by a final decision of a court of competent jurisdiction, the
422 remainder of this chapter shall be given effect without the invalid provision or application.
423 Section 15. Effective date.
424 (1) Except as provided in Subsection (2), this bill takes effect on May 3, 2023.
425 (2) The actions affecting Section 13-2-21 (Effective 12/31/23) take effect on December
426 31, 2023.