This document includes House Floor Amendments incorporated into the bill on Thu, Feb 22, 2024 at 8:48 PM by housengrossing.
This document includes Senate Committee Amendments incorporated into the bill on Mon, Feb 26, 2024 at 10:57 AM by lpoole.
This document includes Senate 3rd Reading Floor Amendments incorporated into the bill on Fri, Mar 1, 2024 at 11:22 AM by lpoole.
Representative Jordan D. Teuscher proposes the following substitute bill:


1     
SOCIAL MEDIA AMENDMENTS

2     
2024 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Jordan D. Teuscher

5     
Senate Sponsor: Kirk A. Cullimore

6     

7     LONG TITLE
8     General Description:
9          This bill concerns harm to minors from social media.
10     Highlighted Provisions:
11          This bill:
12          ▸     defines terms;
13          ▸     amends the criminal offense of electronic communication harassment and creates a
14     civil cause of action to address certain conduct involving minors;
15          ▸     enacts legislative findings regarding potential harms of excessive social media use
16     by minors;
17          ▸     allows a private right of action related to harms to minors from excessive social
18     media use and establishes related provisions;
19          ▸     establishes an affirmative defense for a social media company to defend against the
20     private right of action;
21          ▸     prohibits waivers of rights and protections; and
22          ▸     makes technical and conforming changes.
23     Money Appropriated in this Bill:
24          None
25     Other Special Clauses:

26          This bill provides a special effective date.
27     Utah Code Sections Affected:
28     AMENDS:
29          76-9-201, as last amended by Laws of Utah 2023, Chapter 111
30     ENACTS:
31          78B-3-1101, Utah Code Annotated 1953
32          78B-3-1102, Utah Code Annotated 1953
33          78B-3-1103, Utah Code Annotated 1953
34          78B-3-1104, Utah Code Annotated 1953
35          78B-3-1105, Utah Code Annotated 1953
36          78B-3-1106, Utah Code Annotated 1953
37     REPEALS:
38          13-63-101, as enacted by Laws of Utah 2023, Chapters 477, 498
39          13-63-102, as enacted by Laws of Utah 2023, Chapter 498
40          13-63-103, as enacted by Laws of Utah 2023, Chapter 498
41          13-63-104, as enacted by Laws of Utah 2023, Chapter 498
42          13-63-105, as enacted by Laws of Utah 2023, Chapter 498
43          13-63-201, as enacted by Laws of Utah 2023, Chapter 498
44          13-63-202, as enacted by Laws of Utah 2023, Chapter 498
45          13-63-203, as enacted by Laws of Utah 2023, Chapter 498
46          13-63-301, as enacted by Laws of Utah 2023, Chapter 498
47          13-63-401, as enacted by Laws of Utah 2023, Chapter 477
48          13-63-501, as enacted by Laws of Utah 2023, Chapter 477
49          13-63-601, as enacted by Laws of Utah 2023, Chapters 477, 498
50          13-63-701, as enacted by Laws of Utah 2023, Chapters 477, 498
51     

52     Be it enacted by the Legislature of the state of Utah:
53          Section 1. Section 76-9-201 is amended to read:
54          76-9-201. Electronic communication harassment -- Definitions -- Penalties.
55          (1) As used in this section:
56          (a) (i) "Adult" means an individual 18 years old or older.

57          (ii) "Adult" does not include an individual who is 18 years old and enrolled in high
58     school.
59          (b) "Electronic communication" means a communication by electronic,
60     electro-mechanical, or electro-optical communication device for the transmission and reception
61     of audio, image, or text but does not include broadcast transmissions or similar
62     communications that are not targeted at a specific individual.
63          (c) "Electronic communication device" includes a telephone, a facsimile machine,
64     electronic mail, a pager, a computer, or another device or medium that can be used to
65     communicate electronically.
66          (d) (i) "Minor" means an individual who is younger than 18 years old.
67          (ii) "Minor" includes an individual who is 18 years old and enrolled in high school.
68          (e) "Minor victim" means a minor who is a victim of a violation of Subsection (4).
69          [(e)] (f) "Personal identifying information" means the same as that term is defined in
70     Section 76-6-1101.
71          (2) Except to the extent the person's conduct constitutes an offense under Section
72     76-9-203, a person is guilty of electronic communication harassment and subject to prosecution
73     in the jurisdiction where the communication originated or was received if with intent to
74     intimidate, abuse, threaten, harass, frighten, or disrupt the electronic communications of
75     another, the person:
76          (a) (i) makes repeated contact by means of electronic communications, regardless of
77     whether a conversation ensues; or
78          (ii) after the recipient has requested or informed the person not to contact the recipient,
79     and the person repeatedly or continuously:
80          (A) contacts the electronic communication device of the recipient; or
81          (B) causes an electronic communication device of the recipient to ring or to receive
82     other notification of attempted contact by means of electronic communication;
83          (b) makes contact by means of electronic communication and insults, taunts, or
84     challenges the recipient of the communication or any person at the receiving location in a
85     manner likely to provoke a violent or disorderly response;
86          (c) makes contact by means of electronic communication and threatens to inflict injury,
87     physical harm, or damage to any person or the property of any person; or

88          (d) causes disruption, jamming, or overload of an electronic communication system
89     through excessive message traffic or other means utilizing an electronic communication device.
90          (3) A person is guilty of electronic communication harassment if the person:
91          (a) electronically publishes, posts, or otherwise discloses personal identifying
92     information of another individual in a public online site or forum with the intent to abuse,
93     threaten, or disrupt the other individual's electronic communication and without the other
94     individual's permission; or
95          (b) sends a communication by electronic mail, instant message, or other similar means,
96     if:
97          (i) the communication references personal identifying information of another
98     individual;
99          (ii) the person sends the communication:
100          (A) without the individual's consent; and
101          (B) with the intent to cause a recipient of the communication to reasonably believe that
102     the individual authorized or sent the communication; and
103          (iii) with the intent to:
104          (A) cause an individual physical, emotional, or economic injury or damage; or
105          (B) defraud an individual.
106          (4) A person is guilty of electronic communication harassment if:
107          (a) the person:
108          (i) is an adult;
109          (ii) electronically publishes, posts, or otherwise discloses in a public online site or
110     forum personal identifying information of a minor who is unrelated by blood, marriage, or
111     adoption to the person; and
112          (iii) Ĥ→ [
knows that performing] knows of, but consciously disregards, a substantial and
112a     unjustifiable risk that performing ←Ĥ the action described in Subsection (4)(a)(ii) Ĥ→ [
is
112b     reasonably
113     likely to
] will ←Ĥ result in the minor being the victim of an offense described in Title 76, Chapter 5,
114     Offenses Against the Individual; and
115          (b) the minor described in Subsection (4)(a)(ii) is aware of the person's action
116     described in Subsection (4)(a)(ii).
117          [(4)] (5) (a) [Electronic communication harassment] Except as provided in Subsection
118     (5)(b), a violation of Subsection (2) or (3) is a class B misdemeanor.

119          (b) A second or subsequent [offense of electronic communication harassment]
120     violation of Subsection (2) or (3) is a class A misdemeanor.
121          (c) A violation of Subsection (4) is a class A misdemeanor.
122          [(5)] (6) (a) Except as provided under Subsection [(5)(b)] (6)(b), criminal prosecution
123     under this section does not affect an individual's right to bring a civil action for damages
124     suffered as a result of the commission of an offense under this section.
125          (b) This section does not create a civil cause of action based on electronic
126     communications made for legitimate business purposes.
127          (7) (a) A minor victim has a civil right of action against an actor who violates
128     Subsection (4).
129          (b) A minor victim who brings a successful civil action under Subsection (7)(a) is
130     entitled to recover from the actor:
131          (i) damages resulting from the violation of Subsection (4);
132          (ii) reasonable attorney fees; and
133          (iii) court costs.
134          Section 2. Section 78B-3-1101 is enacted to read:
135     
Part 11. Harm to Minors by Algorithmically Curated Social Media Service

136          78B-3-1101. Definitions.
137          As used in this part:
138          (1) "Account holder" means a person who has, creates, or opens an account or profile
139     to use an algorithmically curated social media service.
140          (2) (a) "Adverse mental health outcome" means a condition affecting a minor's mental
141     health that is:
142          (i) diagnosable by a licensed mental health care provider; and
143          (ii) acknowledged by professional mental health experts as having a negative impact on
144     a minor's well-being.
145          (b) "Adverse mental health outcome" includes depression, anxiety, suicidal thoughts or
146     behaviors, and self-harm thoughts or behaviors.
147          (3) "Algorithmically curated social media service" means a social media service that
148     drives user engagement primarily through the use of:
149          (a) a curation algorithm; and

150          (b) engagement driven design elements.
151          (4) "Content" means any information, visual depiction, or other material that appears
152     on or is available or enabled through a social media service.
153          (5) (a) "Curation algorithm" means a computational process or set of rules used by a
154     social media platform that determines, influences, or personalizes, designed to encourage
155     prolonged or frequent engagement:
156          (i) the content a user views;
157          (ii) the order in which content is displayed;
158          (iii) how prominently content is displayed; or
159          (iv) the manner in which content is displayed.
160          (b) "Curation algorithm" does not include the curation of:
161          (i) responses to specific user queries or user prompts requesting content related to
162     defined topics or interests selected by the user; or
163          (ii) content to ensure only age appropriate material is provided to a user based on the
164     user's age;
165          (iii) content that prevents a minor from viewing violent, bullying, threatening, or
166     harassing content; or
167          (iv) content to comply with any state or federal law restricting the display of material
168     harmful to minors.
169          (6) "Engagement driven design elements" means:
170          (a) autoplay features that continuously play content without requiring user interaction;
171          (b) scroll or pagination that loads additional content as long as the user continues
172     scrolling; or
173          (c) push notifications.
174          (7) "Excessive use" means the use of a social media service by a minor to an extent that
175     the use substantially interferes with the minor's normal functioning in:
176          (a) academic performance;
177          (b) sleep;
178          (c) in-person relationships;
179          (d) mental health; or
180          (e) physical health.

181          (8) "Minor" means an individual who is under 18 years old that:
182          (a) has not been emancipated as that term is defined in Section 80-7-102; or
183          (b) has not been married.
184          (9) "Parent" includes a legal guardian.
185          (10) "Push notification" means an automatic electronic message displayed on an
186     account holder's device, when the user interface for the social media service is not actively
187     open or visible on the device, that prompts the account holder to repeatedly check and engage
188     with the social media service.
189          (11) "Resident" means the same as that term is defined in Section 53-3-102.
190          (12) "Social media company" means an entity that owns or operates a social media
191     service.
192          (13) (a) "Social media service" means a public website or application that Ŝ→ [
includes as
193     substantial functions
] ←Ŝ
:
194          (i) Ŝ→ [
displaying] displays ←Ŝ content that is primarily Ŝ→ [user-generated] generated
194a     by account holders ←Ŝ and not Ŝ→ [
produced] ←Ŝ by the social
195     media company;
196          (ii) Ŝ→ [
permitting] permits ←Ŝ an individual to register as an account holder Ŝ→ [,
196a     establish an account, or
] and ←Ŝ
197     create a profile that is made visible to the general public or a set of other users defined by the
198     account holder;
199          (iii) Ŝ→ [
connecting] connects ←Ŝ account holders to allow Ŝ→ users to interact socially
199a     with each other ←Ŝ Ŝ→ [
social interaction] ←Ŝ within the website or
200     application; Ŝ→ [
and] ←Ŝ
201          (iv) Ŝ→ makes available to each account holder a list or lists of other account holders
201a     with whom the account holder shares a connection within the system; and
201b          (v) ←Ŝ Ŝ→ [
allowing] allows ←Ŝ account holders to post content viewable by other users.
202          (b) "Social media service" does not include:
203          (i) email;
204          (ii) cloud storage; or
205          (iii) document viewing, sharing, or collaboration services.
206          (14) "User" means an individual who accesses or uses an algorithmically curated social
207     media service.
208          (15) (a) "Utah account holder" means a person who is a Utah resident and an account
209     holder.
210          (b) "Utah account holder" includes a Utah minor account holder.
211          (16) "Utah minor account holder" means a Utah account holder who is a minor.

212          Section 3. Section 78B-3-1102 is enacted to read:
213          78B-3-1102. Legislative Findings.
214          The Legislature finds that:
215          (1) social media services utilize curation algorithms and engagement driven design
216     elements to maximize user engagement;
217          (2) minors are particularly vulnerable to manipulation by the use of curation algorithms
218     and engagement driven design elements;
219          (3) a minor's excessive use of an algorithmically curated social media service is likely
220     to cause adverse mental health outcomes in minors, regardless of the content being viewed;
221          (4) the risk of an adverse mental health outcome resulting from the excessive use of an
222     algorithmically curated social media service increases when a minor uses the service for more
223     than three hours per day, or during regular sleeping hours;
224          (5) algorithmically curated social media services are designed without sufficient tools
225     to allow adequate parental oversight, exposing minors to risks that could be mitigated with
226     additional parental control;
227          (6) protecting minors from the risks associated with the use of algorithmically curated
228     social media services requires intervention at a societal level, informed by expertise in
229     technology, psychology, and youth mental health;
230          (7) the state has a long-established role and responsibility in implementing protections
231     and regulations to safeguard the health and welfare of minors;
232          (8) the state has enacted safeguards around products and activities that pose risks to
233     minors, including regulations on motor vehicles, medications, and products and services
234     targeted to children;
235          (9) any adverse mental health outcomes for minors that are linked to the excessive use
236     of algorithmically curated social media services are a serious public health concern for the
237     state; and
238          (10) the state has a compelling interest to protect minors in the state against adverse
239     mental health outcomes.
240          Section 4. Section 78B-3-1103 is enacted to read:
241          78B-3-1103. Private right of action.
242          (1) A Utah minor account holder or a Utah minor account holder's parent may bring a

243     cause of action against a social media company in court for an adverse mental health outcome
244     arising, in whole or in part, from the minor's excessive use of the social media company's
245     algorithmically curated social media service.
246          (2) To recover damages in a cause of action brought under this section, a person
247     bringing the cause Ŝ→ of ←Ŝ action must demonstrate:
248          (a) that the Utah minor account holder has been diagnosed by a licensed mental health
249     care provider with an adverse mental health outcome; and
250          (b) that the adverse mental health outcome was caused by the Utah minor account
251     holder's excessive use of an algorithmically curated social media service.
252          (3) Except as provided in Subsection (4), a person who brings an action described in
253     Subsection (1), is entitled to a rebuttable presumption that:
254          (a) the Utah minor account holder's adverse mental health outcome was caused, in
255     whole or in part, by the Utah minor account holder's excessive use of the algorithmically
256     curated social media service; and
257          (b) the Utah minor account holder's excessive use of the algorithmically curated social
258     media service was caused, in whole or in part, by the algorithmically curated social media
259     service's curation algorithm and engagement driven design elements.
260          (4) A social media company that complies with the provisions of Section 78B-11-1104
261     is entitled to a rebuttable presumption that:
262          (a) the Utah minor account holder's adverse mental health outcome was not caused, in
263     whole or in part, by the Utah minor account holder's excessive use of the algorithmically
264     curated social media service; and
265          (b) the Utah minor account holder's excessive use of the algorithmically curated social
266     media service was not caused, in whole or in part, by the algorithmically curated social media
267     service's curation algorithm and engagement driven design elements.
268          (5) If a court or fact finder finds that a Utah minor account holder suffered any adverse
269     mental health outcome as a result of the Utah minor account holder's use of a social media
270     company's algorithmically curated social media service, the person seeking relief is entitled to:
271          (a) an award of reasonable attorney fees and court costs; and
272          (b) an amount equal to the greater of:
273          (i) $10,000 for each adverse mental health outcome incidence; or

274          (ii) the amount of actual damages.
275          (6) A social media company may not be held liable under this part:
276          (a) based on the content of material posted by users of the algorithmically curated
277     social media service; or
278          (b) for declining to restrict access to or modify user posts based solely on the content of
279     those posts.
280          (7) Nothing in this part shall displace any other available remedies or rights authorized
281     under the laws of this state or the United States.
282          Section 5. Section 78B-3-1104 is enacted to read:
283          78B-3-1104. Affirmative defense.
284          (1) A person is not entitled to the rebuttable presumption described in Subsection
285     78B-11-1103(3), and a social media company is entitled to the rebuttable presumption
286     described in Subsection 78B-11-1103(4), if the social media company demonstrates to the
287     court that the social media company:
288          (a) limits a Utah minor account holder's use of the algorithmically curated social media
289     service to no more than three hours in a 24 hour period across all devices;
290          (b) restricts a Utah minor account holder from accessing the algorithmically curated
291     social media service between the hours of 10:30 p.m. and 6:30 a.m.;
292          (c) requires the parent or legal guardian of the minor to consent to a Utah minor
293     account holder's use of the algorithmically curated social media service; and
294          (d) disables engagement driven design elements for a Utah minor account holder's
295     account.
296          (2) A social media company may utilize settings that are enabled at the device level to
297     impose the requirements described in Subsection (1).
298          (3) Notwithstanding Subsection (2), a social media company remains liable to ensure
299     that the Utah minor account holder's account is subject to the restrictions of Subsection (1).
300          Section 6. Section 78B-3-1105 is enacted to read:
301          78B-3-1105. Waiver prohibited.
302          A waiver or limitation, or a purported waiver or limitation, of any of the following is
303     void as unlawful, is against public policy, and a court or arbitrator may not enforce or give
304     effect to the waiver, notwithstanding any contract or choice-of-law provision in a contract:

305          (1) a protection or requirement provided under this chapter;
306          (2) the right to cooperate with or file a complaint with a government agency;
307          (3) the right to a private right of action as provided under this chapter; or
308          (4) the right to recover actual damages, statutory damages, civil penalties, costs, or fees
309     as allowed by this chapter.
310          Section 7. Section 78B-3-1106 is enacted to read:
311          78B-3-1106. Severability.
312          (1) If any provision of this chapter or the application of any provision to any person or
313     circumstance is held invalid by a final decision of a court of competent jurisdiction, the
314     remainder of this chapter shall be given effect without the invalid provision or application.
315          (2) The provisions of this chapter are severable.
316          Section 8. Repealer.
317          This bill repeals:
318          Section 13-63-101, Definitions.
319          Section 13-63-102, Age requirements for use of social media platform -- Parental
320     consent -- Rulemaking authority of division.
321          Section 13-63-103, Prohibition on data collection for certain accounts --
322     Prohibition on advertising -- Use of information -- Search results -- Directed content.
323          Section 13-63-104, Parental access to social media account.
324          Section 13-63-105, Limited hours of access for minors -- Parental access and
325     options.
326          Section 13-63-201, Investigative powers of the division.
327          Section 13-63-202, Enforcement powers of the division.
328          Section 13-63-203, Division report.
329          Section 13-63-301, Private right of action.
330          Section 13-63-401, Social media platform design regulations -- Enforcement and
331     auditing authority -- Penalties.
332          Section 13-63-501, Private right of action for harm to a minor -- Rebuttable
333     presumption of harm and causation.
334          Section 13-63-601, Waiver prohibited.
335          Section 13-63-701, Severability.

336          Section 9. Effective date.
337          (1) Except as provided in Subsection (2), this bill takes effect on May 1, 2024.
338          (2) The actions affecting the following sections take effect on October 1, 2024:
339          (a) Section 78B-3-1101;
340          (b) Section 78B-3-1102;
341          (c) Section 78B-3-1103;
342          (d) Section 78B-3-1104;
343          (e) Section 78B-3-1105; and
344          (f) Section 78B-3-1106.