1     
SOCIAL MEDIA MODIFICATIONS

2     
2024 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Kirk A. Cullimore

5     
House Sponsor: Jordan D. Teuscher

6     

7     LONG TITLE
8     General Description:
9          This bill changes when the provisions of the Utah Social Media Regulation Act become
10     effective.
11     Highlighted Provisions:
12          This bill:
13          ▸     delays the effective date for provisions of the Utah Social Media Regulation Act
14     applicable to social media companies from March 1, 2024, to October 1, 2024.
15     Money Appropriated in this Bill:
16          None
17     Other Special Clauses:
18          This bill provides a special effective date.
19     Utah Code Sections Affected:
20     AMENDS:
21          13-63-102, as enacted by Laws of Utah 2023, Chapter 498
22          13-63-103, as enacted by Laws of Utah 2023, Chapter 498
23          13-63-104, as enacted by Laws of Utah 2023, Chapter 498
24          13-63-105, as enacted by Laws of Utah 2023, Chapter 498
25          13-63-301, as enacted by Laws of Utah 2023, Chapter 498
26          13-63-401, as enacted by Laws of Utah 2023, Chapter 477
27          13-63-501, as enacted by Laws of Utah 2023, Chapter 477
28     

29     Be it enacted by the Legislature of the state of Utah:

30          Section 1. Section 13-63-102 is amended to read:
31          13-63-102. Age requirements for use of social media platform -- Parental consent
32     -- Rulemaking authority of division.
33          (1) Beginning [March 1, 2024] October 1, 2024, a social media company may not
34     permit a Utah resident who is a minor to be an account holder on the social media company's
35     social media platform unless the Utah resident has the express consent of a parent or guardian.
36          (2) Notwithstanding any provision of this chapter, a social media company may not
37     permit a Utah resident who is a minor to hold or open an account on a social media platform if
38     the minor is ineligible to hold or open an account under any other provision of state or federal
39     law.
40          (3) (a) Beginning [March] October 1, 2024, a social media company shall verify the
41     age of an existing or new Utah account holder and, if the existing or new account holder is a
42     minor, confirm that a minor has consent as required under Subsection (1):
43          (i) for a new account, at the time the Utah resident opens the account; or
44          (ii) for a Utah account holder who has not provided age verification as required under
45     this section, within 14 calendar days of the Utah account holder's attempt to access the account.
46          (b) If a Utah account holder fails to meet the verification requirements of this section
47     within the required time period, the social media company shall deny access to the account:
48          (i) upon the expiration of the time period; and
49          (ii) until all verification requirements are met.
50          (4) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
51     division, with consideration of stakeholder input, shall make rules to:
52          (a) establish processes or means by which a social media company may meet the age
53     verification requirements of this chapter;
54          (b) establish acceptable forms or methods of identification, which may not be limited
55     to a valid identification card issued by a government entity;
56          (c) establish requirements for providing confirmation of the receipt of any information
57     provided by a person seeking to verify age under this chapter;

58          (d) establish processes or means to confirm that a parent or guardian has provided
59     consent for the minor to open or use an account as required under this section;
60          (e) establish requirements for retaining, protecting, and securely disposing of any
61     information obtained by a social media company or its agent as a result of compliance with the
62     requirements of this chapter;
63          (f) require that information obtained by a social media company or its agent in order to
64     comply with the requirements of this chapter are only retained for the purpose of compliance
65     and may not be used for any other purpose;
66          (g) if the division permits an agent to process verification requirements required by this
67     section, require that the agent have its principal place of business in the United States of
68     America;
69          (h) require other applicable state agencies to comply with any rules promulgated under
70     the authority of this section; and
71          (i) ensure that the rules are consistent with state and federal law, including Title 13,
72     Chapter 61, Utah Consumer Privacy Act.
73          Section 2. Section 13-63-103 is amended to read:
74          13-63-103. Prohibition on data collection for certain accounts -- Prohibition on
75     advertising -- Use of information -- Search results -- Directed content.
76          Beginning [March] October 1, 2024, a social media company, for a social media
77     platform account held by a Utah minor account holder:
78          (1) shall prohibit direct messaging between the account and any other user that is not
79     linked to the account through friending;
80          (2) may not show the account in search results for any user that is not linked to the
81     account through friending;
82          (3) shall prohibit the display of any advertising in the account;
83          (4) shall not collect or use any personal information from the posts, content, messages,
84     text, or usage activities of the account other than information that is necessary to comply with,
85     and to verify compliance with, state or federal law, which information includes a parent or

86     guardian's name, a birth date, and any other information required to be submitted under this
87     section; and
88          (5) shall prohibit the use of targeted or suggested groups, services, products, posts,
89     accounts, or users in the account.
90          Section 3. Section 13-63-104 is amended to read:
91          13-63-104. Parental access to social media account.
92          Beginning [March] October 1, 2024, a social media company shall provide a parent or
93     guardian who has given parental consent for a Utah minor account holder under Section
94     13-63-102 with a password or other means for the parent or guardian to access the account,
95     which shall allow the parent or guardian to view:
96          (1) all posts the Utah minor account holder makes under the social media platform
97     account; and
98          (2) all responses and messages sent to or by the Utah minor account holder in the social
99     media platform account.
100          Section 4. Section 13-63-105 is amended to read:
101          13-63-105. Limited hours of access for minors -- Parental access and options.
102          (1) Beginning [March] October 1, 2024, a social media company shall prohibit a Utah
103     minor account holder from having access to the Utah minor account holder's account during the
104     hours of 10:30 p.m. to 6:30 a.m., unless the access is modified according to another
105     requirement of this section.
106          (2) Time of day under this section shall be calculated based on the Internet protocol
107     address being used by the Utah minor account holder at the time of attempting access.
108          (3) A social media company shall provide options for a parent or guardian with access
109     to an account under Section 13-63-104 to:
110          (a) change or eliminate the time-of-day restriction described in Subsection (1); and
111          (b) set a limit on the number of hours per day that a Utah minor account holder may
112     use the account.
113          (4) A social media company shall not permit a Utah minor account holder to change or

114     bypass restrictions on access as required by this section.
115          (5) Notwithstanding any provision of this section, a social media company shall permit
116     a parent or guardian with access to an account under Section 13-63-104 to access the account
117     without time restrictions.
118          Section 5. Section 13-63-301 is amended to read:
119          13-63-301. Private right of action.
120          (1) Beginning [March] October 1, 2024, a person may bring an action against a person
121     that does not comply with a requirement of Part 1, General Requirements.
122          (2) A suit filed under the authority of this section shall be filed in the district court for
123     the district in which a person bringing the action resides.
124          (3) If a court finds that a person has violated a provision of Part 1, General
125     Requirements, the person who brings an action under this section is entitled to:
126          (a) an award of reasonable attorney fees and court costs; and
127          (b) an amount equal to the greater of:
128          (i) $2,500 per each incident of violation; or
129          (ii) actual damages for financial, physical, and emotional harm incurred by the person
130     bringing the action, if the court determines that the harm is a direct consequence of the
131     violation or violations.
132          Section 6. Section 13-63-401 is amended to read:
133          13-63-401. Social media platform design regulations -- Enforcement and auditing
134     authority -- Penalties.
135          (1) Beginning [March] October 1, 2024:
136          (a) the division shall administer and enforce the provisions of this section; and
137          (b) the division may audit the records of a social media company in order to determine
138     compliance with the requirements of this section or to investigate a complaint, including a
139     random sample of a social media company's records and other audit methods.
140          (2) Beginning [March] October 1, 2024, a social media company shall not use a
141     practice, design, or feature on the company's social media platform that the social media

142     company knows, or which by the exercise of reasonable care should know, causes a Utah minor
143     account holder to have an addiction to the social media platform.
144          (3) Beginning [March] October 1, 2024:
145          (a) Subject to Subsection (3)(b), a social media company is subject to:
146          (i) a civil penalty of $250,000 for each practice, design, or feature shown to have
147     caused addiction; and
148          (ii) a civil penalty of up to $2,500 for each Utah minor account holder who is shown to
149     have been exposed to the practice, design, or feature found to have caused addiction under
150     Subsection (3)(a)(i).
151          (b) A social media company shall not be subject to a civil penalty for violating this
152     section if the social media company, as an affirmative defense, demonstrates that the social
153     media company:
154          (i) instituted and maintained a program of at least quarterly audits of the social media
155     company's practices, designs, and features to detect practices, designs, or features that have the
156     potential to cause or contribute to the addiction of a minor user; and
157          (ii) corrected, within 30 days of the completion of an audit described in Subsection
158     (3)(b)(i), any practice, design, or feature discovered by the audit to present more than a de
159     minimus risk of violating this section.
160          (c) In a court action by the division to enforce this section, the court may, in addition to
161     a civil penalty:
162          (i) declare that the act or practice violates a provision of this section;
163          (ii) issue an injunction for a violation of this section;
164          (iii) award actual damages to an injured purchaser or consumer; and
165          (iv) award any other relief that the court deems reasonable and necessary.
166          (4) Nothing in this section may be construed to impose liability for a social media
167     company for any of the following:
168          (a) content that is generated by an account holder, or uploaded to or shared on the
169     platform by an account holder, that may be encountered by another account holder;

170          (b) passively displaying content that is created entirely by a third party;
171          (c) information or content for which the social media company was not, in whole or in
172     part, responsible for creating or developing; or
173          (d) any conduct by a social media company involving a Utah minor account holder
174     who would otherwise be protected by federal or Utah law.
175          (5) If a court of competent jurisdiction grants judgment or injunctive relief to the
176     division, the court shall award the division:
177          (a) reasonable attorney fees;
178          (b) court costs; and
179          (c) investigative fees.
180          (6) Nothing in this section may be construed to negate or limit a cause of action that
181     may have existed or exists against a social media company under the law as it existed before
182     the effective date of this section.
183          (7) All money received for the payment of a fine or civil penalty imposed under this
184     section shall be deposited into the Consumer Protection Education and Training Fund
185     established in Section 13-2-8.
186          Section 7. Section 13-63-501 is amended to read:
187          13-63-501. Private right of action for harm to a minor -- Rebuttable presumption
188     of harm and causation.
189          (1) Beginning [March] October 1, 2024, a person may bring an action under this
190     section against a social media company to recover damages incurred after [March] October 1,
191     2024 by a Utah minor account holder for any addiction, financial, physical, or emotional harm
192     suffered as a consequence of using or having an account on the social media company's social
193     media platform.
194          (2) A suit filed under the authority of this section shall be filed in the district court for
195     the district in which the Utah minor account holder resides.
196          (3) Notwithstanding Subsection (4), if a court finds that a Utah minor account holder
197     has been harmed as a consequence of using or having an account on the social media

198     company's social media platform, the minor seeking relief under this section is entitled to:
199          (a) an award of reasonable attorney fees and court costs; and
200          (b) an amount equal to the greater of:
201          (i) $2,500 per each incident of harm; or
202          (ii) actual damages for addiction, financial, physical, and emotional harm incurred by
203     the person bringing the action, if the court determines that the harm is a direct consequence of
204     the violation or violations.
205          (4) If a Utah minor account holder seeking recovery of damages under this section is
206     under the age of 16, there shall be a rebuttable presumption that the harm actually occurred and
207     that the harm was a caused as a consequence of using or having an account on the social media
208     company's social media platform.
209          Section 8. Effective date.
210          If approved by two-thirds of all the members elected to each house, this bill takes effect
211     upon approval by the governor, or the day following the constitutional time limit of Utah
212     Constitution, Article VII, Section 8, without the governor's signature, or in the case of a veto,
213     the date of veto override.